Agenda item

(a)  To acknowledge that no responses were received following the advertisement of notice of intention to appropriate those parts of the relevant land that comprise open space under section 122(2A) of the Local Government Act 1972;

(b)  To appropriate the Council Interests for planning purposes so as to facilitate the comprehensive regeneration of land at and adjacent to Tower House and Ashbourne House, including the provision of affordable housing, subject to the consent of the Secretary of State under section 19(2) of the Housing act 1985;

(c)  Affirm the decision to proceed with the CPO as considered at the meeting of Cabinet on 18 November 2019;

(d)  Acknowledge that the appropriation of the Council Interests and the compulsory purchase of the interests in the Order Land will 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;

(e)  To note the delegation to the Service Lead for Housing Development and Contracts authority to proceed with making and effecting the confirmation and implementation of the CPO following the appropriation, under the powers delegated by the resolutions made at the Cabinet meeting on 4 February 2019 and 18 November 2019 including seeking the Secretary of State's Consent further to section 19(2) of the Housing Act 1985.

The Service Lead Housing Development and Contracts introduced a report that updated Lead Members on the position following the advertisement of the notification of intention to appropriate land at Tower House and Ashbourne House which had been agreed by Cabinet on 18^th November 2019.

It was confirmed that no responses had been received following the advertisement and the Cabinet was recommended to pass resolutions to confirm that appropriation powers be used in advance of making the compulsory purchase authorised on 4 February 2019 as updated on 18 November 2019, subject to obtaining the consent of the Secretary of State.  The use of compulsory purchase powers would proceed unless an agreement could be negotiated with the final leaseholder.

The recommendations were agreed.

Resolved –

(a)  That it be acknowledged that no responses were received following the advertisement of notice of intention to appropriate those parts of the relevant land that comprise open space under section 122(2A) of the Local Government Act 1972;

(b)  To appropriate the Council Interests for planning purposes so as to facilitate the comprehensive regeneration of land at and adjacent to Tower House and Ashbourne House, including the provision of affordable housing, subject to the consent of the Secretary of State under section 19(2) of the Housing act 1985;

(c)  That the decision to proceed with the CPO as considered at the meeting of Cabinet on 18 November 2019 be affirmed;

(d)  That it be acknowledged that the appropriation of the Council Interests and the compulsory purchase of the interests in the Order Land would 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;

(e)  That it be noted that the Service Lead for Housing Development and Contracts had delegated authority to proceed with making and effecting the confirmation and implementation of the CPO following the appropriation, under the powers delegated by the resolutions made at the Cabinet meeting on 4 February 2019 and 18 November 2019 including seeking the Secretary of State's Consent further to section 19(2) of the Housing Act 1985.