Decision details

The Cabinet have agreed (1) That subject to securing an appropriate indemnity agreement as described at paragraph 3.2 of the report, approval be given to the Council making a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) and the Acquisition of Land Act 1981 and other relevant powers (“CPO”) to secure the compulsory acquisition of the land shown edged red on the plan at Appendix 1  to the report to acquire all outstanding interests in the land [and to acquire and create new rights] which would facilitate and enable viable and deliverable development in connection with the creation of a residential led development in order to improve the Borough's environmental, economic and social wellbeing.

(2) That the Corporate Director for Place Management & Regeneration be authorised  to take all  necessary actions to secure the making, confirmation and implementation of the CPO to :

(i)            agree terms with a third party to indemnify the Council against any and all costs arising from the compulsory purchase order and subsequent redevelopment;

(ii)          make, if necessary, minor or technical amendments to the Compulsory Purchase Order;

(iii)         modify and settle the draft Statement of Reasons, the Order Map and Order Schedule as necessary to finalise before submission;

(iv)         request confirmation of the CPO with or without modifications.

(v)          approve agreements with landowners setting out the terms for withdrawal of objections to the CPOs, including where appropriate seeking exclusion of land from the CPO;

(vi)         confirm the order, if he/she is satisfied that it is appropriate to do so and in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order;

(vii)        approve any agreements in order to secure the withdrawal of their objection;

(viii)      confirm the CPO should no objections be received and the Secretary of State confirms that the Council may do so;

(ix)         agreeing to promote any modifications should this be expedient;

(x)          agreeing confirmation of the CPO with modifications if it appears expedient to do so;

(xi)         if the question of compensation is referred to the Upper Tribunal, to take all necessary steps in relation thereto.

(3) That the Corporate Director for Place Management &  Regeneration be authorised to take all  and any necessary actions to  approve the purchase price, advance payments and all other compensation payments  payable in respect of land and buildings included in  the CPO,  and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation

(4) That upon acquisition, the land acquired under the Order be held for planning purposes and vested in the Investment and Development Account.

(5) That compensation for those with a compensatible interest will be paid in accordance with the law on compulsory purchase (or payments as are deemed reasonable in the circumstances) and the provision of property or services in lieu of compensation, in contemplation of the Order being made.

(6) That the Head of Legal and Democratic Services be authorised to do all things necessary or incidental to the implementation of the above resolutions 

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