Agenda item

(a)  That the draft Order Map and Schedule appended to the report be approved;

(b)  That the progress of the planning application for the Scheme (planning application reference S/00020/5) be noted and that it be confirmed that the planning purposes underpinning the CPO were to facilitate the development, redevelopment and improvement of the Order Land and the Council Interests including (without limitation) for the Scheme as further described in the Supporting Information to the report;

(c)  That it be acknowledged that the delivery of the Scheme would encompass works upon or use of the Order Land which may infringe upon third party rights, in respect of which section 203 of the Housing and Planning Act 2016 may be required to authorise the overriding of such rights, or other matters burdening the land, where that was needed to deliver the Scheme;

(d)  That it be noted that a decision would be required on whether, in accordance with section 122 of the Local Government Act 1972, to appropriate the Council Interests to the same planning purposes as the CPO (i.e. development, redevelopment and improvement of the Order Land and the Council Interests including (without limitation) for the Scheme and described in the Supporting Information to the report), so as to enable reliance on Section 203 of the Housing and Planning Act 2016 to override third party rights affected by works on or use of that land; and

(e)  That delegated authority be given to the Service Lead for Housing Development and Contracts to:

a.  advertise notice of an intention to appropriate the relevant land under section 122(2A) of the Housing and Planning Act 2016;

b.  give further consideration of the statutory requirements for appropriation of the Council Interests (including for the avoidance of doubt authority to consider any properly made objections received pursuant to those statutory steps) and thereafter to report to Cabinet on whether or not to proceed with appropriation in light of any issues raised; and

c.  in the event that Cabinet decides to appropriate the land, proceed with making and effecting the confirmation and implementation of the Order following any appropriation, under the powers delegated by the resolutions made at the Cabinet meeting on 4 February 2019;

(f)  To acknowledge therefore that the foregoing resolutions may give rise to claims for compensation against the Council under section 204 of the Housing and Planning Act 2016, in addition to claims for compensation made in respect of the acquisition of interests included in the Order;

(g)  That recommendation (e) be implemented urgently in accordance with paragraphs 20 and 21 of the Overview & Scrutiny Procedure Rules.

The Service Lead Housing Development and Contracts introduced a report that proposed a series of recommendations to progress towards the use of compulsory purchase powers to secure the single remaining leasehold in Ashbourne House to move forward with the redevelopment to provide 193 affordable new homes.

The Cabinet noted the background, legal implications and history of engagement with the single remaining leaseholder that had refused to transfer their interest to the Council.  If the recommendations were agreed, the relevant legal processes and public notices of the intention to appropriate would be progressed, with a further report to Cabinet in December 2019.  It was proposed and agreed that the relevant resolutions be implemented urgently to advertise the required notices at the earliest opportunity.

Lead Members considered and noted the Part II appendix without disclosing any of the exempt information.  The Cabinet had previously agreed the use of compulsory purchase powers in principle and sought, and was given, assurance that the Council had engaged with and made reasonable offers to the remaining leaseholder to seek to resolve the matter without the need to use such powers.  It was recognised that the appropriate processes needed to be followed, and the Cabinet agreed that the wider public benefits of redeveloping the site to provide the new affordable homes justified approving the recommendations as set out in the report.

Resolved –

(a)  That the draft Order Map and Schedule appended to the report be approved;

(b)  That the progress of the planning application for the Scheme (planning application reference S/00020/5) be noted and that it be confirmed that the planning purposes underpinning the CPO were to facilitate the development, redevelopment and improvement of the Order Land and the Council Interests including (without limitation) for the Scheme as further described in the Supporting Information to the report;

(c)  That it be acknowledged that the delivery of the Scheme would encompass works upon or use of the Order Land which may infringe upon third party rights, in respect of which section 203 of the Housing and Planning Act 2016 may be required to authorise the overriding of such rights, or other matters burdening the land, where that was needed to deliver the Scheme;

(d)  That it be noted that a decision would be required on whether, in accordance with section 122 of the Local Government Act 1972, to appropriate the Council Interests to the same planning purposes as the CPO (i.e. development, redevelopment and improvement of the Order Land and the Council Interests including (without limitation) for the Scheme and described in the Supporting Information to the report), so as to enable reliance on Section 203 of the Housing and Planning Act 2016 to override third party rights affected by works on or use of that land; and

(e)  That delegated authority be given to the Service Lead for Housing Development and Contracts to:

a.  advertise notice of an intention to appropriate the relevant land under section 122(2A) of the Housing and Planning Act 2016;

b.  give further consideration of the statutory requirements for appropriation of the Council Interests (including for the avoidance of doubt authority to consider any properly made objections received pursuant to those statutory steps) and thereafter to report to Cabinet on whether or not to proceed with appropriation in light of any issues raised; and

c.  in the event that Cabinet decides to appropriate the land, proceed with making and effecting the confirmation and implementation of the Order following any appropriation, under the powers delegated by the resolutions made at the Cabinet meeting on 4 February 2019;

(f)  To acknowledge therefore that the foregoing resolutions may give rise to claims for compensation against the Council under section 204 of the Housing and Planning Act 2016, in addition to claims for compensation made in respect of the acquisition of interests included in the Order;

(g)  That recommendation (e) be implemented urgently in accordance with paragraphs 20 and 21 of the Overview & Scrutiny Procedure Rules.