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Agenda item

Proposed (Tower and Ashbourne) Compulsory Purchase Order 2019

Decision:

(a)  That the Council makes a compulsory purchase order (the CPO) for the acquisition of land for the purposes of facilitating development, redevelopment and improvement of the Order Land.

 

(b)  That the Cabinet delegates to the Director, Regeneration, following consultation with the Cabinet member for Corporate Finance & Housing, the power to effect the making, confirmation and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the Order Land including, but not limited to, the following procedural steps:

 

i  finalise a Statement of Reasons to properly reflect the Council's position regarding the proposed CPO so as to properly present the Council's case;

 

ii  making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making;

 

iii  acquire for planning purposes all interests in land and new rights within the Order Land as may be necessary to facilitate the Scheme, either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of their land interests and/or for new rights over their land (as appropriate), the payment of compensation and dealing with any blight notices served in connection with the CPO;

 

iv  approve agreements with land owners or statutory undertakers as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO;

 

v  make any additions, deletions or amendments to the plans at Appendix A and to seek any requisite modifications to the CPO Order and any CPO maps;

 

vi  seek confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981) (the 1981 Act), including the preparation and presentation of the Council's case at any Public Inquiry which may be necessary;

 

vii  publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area;

 

viii  referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber); and

 

ix  make an application to the Secretary of State under section 19(1)(aa) of the 1981 Act to ensure any land found to be open space is preserved and managed as such.

Minutes:

The Service Lead Housing Development and Contracts introduced a report that sought approval for the Council to use its compulsory purchase powers for the acquisition of land necessary for the delivery of the redevelopment of Tower House and Ashbourne House for approximately 197 affordable homes.

 

Appendices C, D and E to the report contained exempt information and were considered in resolving the matters in Part I of the agenda without disclosing any of the exempt information.

 

If the Cabinet agreed to use CPO powers in relation to the Order Land it would not undermine due process of pursuing negotiation with the final leaseholder with whom agreement had not been reached.  However, negotiation had been ongoing for some time and a summary of the negotiations was included at Appendix C.  The Cabinet recognised that the use of CPO powers should be a last resort however it considered that extensive efforts had been made to reach a negotiated agreement and the redevelopment of much needed affordable homes should not be unduly impeded.  It was therefore agreed to use CPO powers, if required, as set out in the report and appendices.

 

Resolved –

 

(a)  That the Council makes a compulsory purchase order (the CPO) for the acquisition of land for the purposes of facilitating development, redevelopment and improvement of the Order Land.

 

(b)  That the Cabinet delegates to the Director, Regeneration, following consultation with the Cabinet member for Corporate Finance & Housing, the power to effect the making, confirmation and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the Order Land including, but not limited to, the following procedural steps:

 

i  finalise a Statement of Reasons to properly reflect the Council's position regarding the proposed CPO so as to properly present the Council's case;

 

ii  making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making;

 

iii  acquire for planning purposes all interests in land and new rights within the Order Land as may be necessary to facilitate the Scheme, either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of their land interests and/or for new rights over their land (as appropriate), the payment of compensation and dealing with any blight notices served in connection with the CPO;

 

iv  approve agreements with land owners or statutory undertakers as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO;

 

v  make any additions, deletions or amendments to the plans at Appendix A and to seek any requisite modifications to the CPO Order and any CPO maps;

 

vi  seek confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981) (the 1981 Act), including the preparation and presentation of the Council's case at any Public Inquiry which may be necessary;

 

vii  publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area;

 

viii  referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber); and

 

ix  make an application to the Secretary of State under section 19(1)(aa) of the 1981 Act to ensure any land found to be open space is preserved and managed as such.

Supporting documents: