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, is satisfied that it is appropriate
to do so;
viii) in the event the CPO is confirmed by the Secretary of State (or by
the Council if given the power to do so), to complete all necessary
statutory procedures and to take steps to implement the CPO,
including by way of General Vesting Declaration and/or Notice to
Treat/Notice of Entry;
ix) all steps be taken in relation to any legal proceedings relating to the
CPO, including defending or settling claims referred to the Upper
Tribunal (Lands Chamber) and/or applications made to the courts
and any appeals;
x) approval be given to retain and/or appoint external professional advisers
and consultants to assist in facilitating the promotion, confirmation and
implementation of the CPO, the settlement of compensation and any
other claims or disputes;
xi) all such other steps be taken as may be considered necessary or
appropriate to acquire all interests and rights required for the
Scheme (whether by agreement or CPO) and to dispose of the same
to Renewal;
(d) approval be given to the acquisition by the Council for planning purposes
pursuant to Section 227 of the Town and Country Planning Act 1990 of
Renewal’s freehold interest (both its existing freehold and any freehold
interest that Renewal may subsequently acquire by private treaty) in land
within Phases 1A, 1B, 2 and 3 as shown shaded grey on the plan
at Appendix 3 and the grant of a lease of that land to Renewal (with an
option for Renewal to repurchase the freehold interest) on the terms set out
in the Heads of Terms attached at Appendix 4, including any variation thereto
as the Executive Director for Resources and Regeneration, in consultation
with the Head of Law, may consider appropriate;
(e) The variation of the CPO Indemnity Agreement of 20th December
2013 be approved to ensure the agreement provides for the Council to be
indemnified by Renewal in respect of all compensation and other costs arising
in respect of any interference with rights affecting the land acquired by the
Council and leased back to Renewal as provided for in recommendation
(d) above.
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 Garston, a Fan Director of Millwall FC next addressed the Cabinet.
He said the Club was the heartbeat of the area and he feared a CPO would
threaten the existence of the highly regarded Millwall Community Scheme. He
said reprovision of facilities to areas not adjacent to the Den were not
acceptable. He urged Cabinet members to either vote against or defer the
CPO proposal.
Having been able to question all the presenters, Cabinet members considered
carefully all the evidence which had been presented to them before reaching
their conclusions.
Councillor Joe Dromey said the area was in need of new development but
that granting a CPO required compelling reasons and he believed the onus
should have been on Renewal to secure agreement with the other parties. He
did not feel confident in entrusting such a massive project to a company with
no track record in delivering successful developments. In terms of applying a
public interest test he stated the priority for his ward was the provision of
affordable housing and he did not believe the promise of 12% for housing
being affordable in this project was sufficient. He recognised this was a
difficult and finely balanced decision but that he could not support a CPO.
Councillor Rachel Onikosi said her understanding of the evidence offered led
her to the conclusion that extensive efforts to reach agreements had been
made over many years but that only Renewal had the finances and land
holdings in place to successfully carry out the project.
Councillor Joan Millbank said she would apply a public interest test to the
broader project and with the range of jobs, transport links, housing, and
community facilities on offer she believed there was an amazing placemaking
opportunity available.
The Deputy Mayor said he had been a Councillor for 18 years and this was
the best offer he had seen for the area. He stated as Chair he would only vote
in favour of the project if there was an equality of votes.
Councillor Kevin Bonavia noted the Den would be protected and alternative
provision would be made for Millwall’s excellent community schemes. He said
he would have liked more affordable housing but the proposals would create
some new genuinely affordable housing.
Councillor Janet Daby said she believed Millwall FC had had ample
opportunity to bring proposals to the rable but development was needed now
and on balance the Renewal proposals appeared to be the best option.
Councillor Chris Best said she was excited by the project with a sports led
regeneration that would create the biggest sporting facility in the capital for 50
years.
Having considered an officer report, and presentations by the Deputy Mayor,
Councillor Alan Smith, Willow Winston, an affected business and property
owner, the Chair of the Labour Group, Councillor Brenda Dacres and a fan
Director of Millwall FC, Peter Garston, the Cabinet, for the reasons set out in
the report:
RESOLVED 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, is satisfied that it is appropriate
to do so;
viii) in the event the CPO is confirmed by the Secretary of State (or by
the Council if given the power to do so), to complete all necessary
statutory procedures and to take steps to implement the CPO,
including by way of General Vesting Declaration and/or Notice to
Treat/Notice of Entry;
ix) all steps be taken in relation to any legal proceedings relating to the
CPO, including defending or settling claims referred to the Upper
Tribunal (Lands Chamber) and/or applications made to the courts
and any appeals;
x) approval be given to retain and/or appoint external professional advisers
and consultants to assist in facilitating the promotion, confirmation and
implementation of the CPO, the settlement of compensation and any
other claims or disputes;
xi) all such other steps be taken as may be considered necessary or
appropriate to acquire all interests and rights required for the
Scheme (whether by agreement or CPO) and to dispose of the same
to Renewal;
(d) approval be given to the acquisition by the Council for planning purposes
pursuant to Section 227 of the Town and Country Planning Act 1990 of
Renewal’s freehold interest (both its existing freehold and any freehold
interest that Renewal may subsequently acquire by private treaty) in land
within Phases 1A, 1B, 2 and 3 as shown shaded grey on the plan
at Appendix 3 and the grant of a lease of that land to Renewal (with an
option for Renewal to repurchase the freehold interest) on the terms set out
in the Heads of Terms attached at Appendix 4, including any variation thereto
as the Executive Director for Resources and Regeneration, in consultation
with the Head of Law, may consider appropriate;
(e) the variation of the CPO Indemnity Agreement of 20th December
2013 be approved to ensure the agreement provides for the Council to be
indemnified by Renewal in respect of all compensation and other costs arising
in respect of any interference with rights affecting the land acquired by the
Council and leased back to Renewal as provided for in recommendation
(d) above.
Supporting documents: