Additional documents:
Decision:
Having considered an officer report, and presentations by the Deputy Mayor,
Councillor Alan Smith, an affected business and property owner, the Chair of
the Labour Group and a fan Director of Millwall FC, the Cabinet agreed that:
(a) the pre-conditions for compulsory purchase set by Mayor & Cabinet on 7th
March 2012 have been met;
(b) a Compulsory Purchase Order be made pursuant to powers under
Section 226(1)(a) of the Town and Country Planning Act 1990 and Section
13 of the Local Government (Miscellaneous Provisions) Act 1976 (in
accordance with the procedures in the Acquisition of Land Act 1981) for:
i) the acquisition of the land shown coloured pink on the plan at Appendix 2,
be approved save for the interests of the Council, Renewal and persons with
the benefit of rights of light; and
ii) the acquisition of new rights over the land shown coloured blue on the
plan attached at Appendix 2 be approved for the purpose of facilitating the
comprehensive redevelopment, development and improvement of the Site to
provide a mixed use residential-led scheme.
(c) delegated authority be granted to the Executive Director for Resources
and Regeneration in consultation with the Head of Law:
i) subject to a satisfactory Deposit or satisfactory alternative security
being provided by Renewal pursuant to the CPO Indemnity Agreement dated
20 December 2013, all necessary and appropriate steps be taken to secure
the making, confirmation and implementation of the Compulsory Purchase
Order (CPO) including the publication and service of all notices and promotion
of the Council’s case at any Public Inquiry, including but not limited to the
steps described below;
ii) any further or additional land referencing as may be considered appropriate
be carried out, including service of requisitions for information pursuant to
Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 or
Section 330 of the Town and Country Planning Act 1990;
iii) any amendments, deletions, or additions to the draft Order Map and/or
draft Schedules to the CPO be made so as to include and describe all
interests in land and rights required to facilitate the carrying out of the
Scheme;
iv) such changes as may be considered necessary or
appropriate be made to the draft Statement of Reasons prior to publication;
v) interests and new rights in the Order Land be acquired either by
agreement or compulsorily (including pursuant to any blight or purchase
notices) and dispose of the same to Renewal;
vi) approval be given to negotiate, agree terms and enter into agreements
with interested parties, including agreements for the withdrawal of blight or
purchase notices and/or objections to the CPO and/or undertakings not to
enforce the CPO on specified terms, including where appropriate seeking the
exclusion of land or rights from the CPO;
vii) in the event that the Secretary of State notifies the Council that it
has been given the power to confirm the CPO to confirm the CPO if
the Executive Director for Resources and Regeneration, in
consultation with the Head of Law, ... view the full decision text for item 474
Minutes:
The Mayor withdrew from the meeting having declared a prejudicial interest in
this item. The discussion on this and all the following items was chaired by the
Deputy Mayor, Councillor Alan Smith.
The Deputy Mayor introduced the report and recounted his personal
involvement in Regeneration over the last six and a half years as portfolio
holder. He pointed out that the Renewal group already held interests in 90%
of the land needed for the regeneration proposals and that the use of CPO
powers by the Council could allow the assembly of land allowing completion
of the Renewal scheme.
The Executive Director for Resources and Regeneration reminded the
Cabinet that the CPO proposals had been deferred in February following
which the Chief Executive had facilitated discussion between Renewal and
Millwall FC which had failed to arrive at a satisfactory resolution.
The Head of Planning next outlined the Planning background highlighting the
Core Strategy which promoted the growth of large scale development in the
north of the Borough and identified five key sites accompanied by delivery
stages.
The Executive Director for Resources and Regeneration confirmed that notice
of this Cabinet meeting and determination of a CPO proposal had been given
to all involved parties on August 8. She stated that representations from
Eversheds and Shoosmiths had been circulated to all Cabinet members.
Willow Winston, an affected local resident and business owner, next
addressed the Cabinet. She explained she had set up her business in the
area 16 years ago and had lived with the threat of a CPO for the last six
years. She said she had received only a desultory offer of £58,000 for her 700
square feet of living and workspace. She believed the threat of a CPO had led
to health problems for her. She stated she thought development might be
good in many respects and that she had taken part in one cordial meeting
with Renewal but overall she believed consultation with her and other local
business owners had been completely inadequate. She called on the Cabinet
to defer any decision on the CPO to allow meaningful consultation to take
place with local residents and business owners.
Councillor Brenda Dacres addressed the Cabinet in her capacity as Chair of
the Labour Group. She said Group members had considered the CPO
proposals in a meeting without Cabinet member attendance. They had
unanimously concluded that the CPO was premature and not in the public
interest. Councillor Dacres said negotiations between Millwall FC, Renewal
and other interested parties should continue and that a CPO should only be
considered as a last resort.
The Chief Executive pointed out there had already been a five month deferral
and he had appointed an independent facilitator to arrange a meeting
between Renewal and Millwall FC. This had taken 3 months to conclude and
while the meeting had been congenial, promises by the parties to share
information had not been honoured. He reported there had thus been only
one meeting with no agreed proposals.
Mr Peter ... view the full minutes text for item 474