Agenda item

RESOLVED

That

(i) “in principle” the Council use its Compulsory Purchase powers to acquire or appropriate the Site shown for planning purposes pursuant to Sections 226 and/or 237 of the Town and Country Planning Act 1990 (as amended);

(ii) authority be delegated to the Director of Regeneration and Asset Management, in consultation with the Head of Law and Head of Asset Strategy & Development (interim), to negotiate the terms of and enter into an indemnity agreement with Renewal;

(iii) authority be delegated to the Director of Regeneration and Asset Management, in consultation with the Head of Asset Strategy & Development (interim) and the Head of Law, to carry out and complete the land referencing exercise with Renewal to identify all owners, tenants, occupiers and others with a legal interest affected by the Scheme and which may be included in any future Compulsory Purchase Order or become eligible for compensation under Section 237;

(iv) the Director of Regeneration and Asset Management be appointed as the authorised officer pursuant to S.15 of the Local Government (Miscellaneous Provisions) Act 1976 for the purposes of the Scheme;

(v) the Director of Regeneration and Asset Management be authorised, in consultation with the Head of Asset Strategy & Development (interim) and the Head of Law, to issue requisitions for information pursuant to Section 16 of the Local Government Act (Miscellaneous Provisions) Act 1976 to all potential owners of legal interests affected by the Scheme;

(vi) an Equalities Analysis Assessment be undertaken of the potential impact of the proposed Compulsory Purchase Order;

(vii) in the event that Renewal are unable to complete the assembly of the Site by agreement/private treaty by 30 September 2012, a further report be presented to Mayor & Cabinet seeking authority to make a full and unconditional CPO for the Site and to acquire or appropriate the Site for planning purposes so as to trigger the provisions of Section 237;

(viii) any resolution to make a full unconditional CPO and/or for the Council to appropriate land for planning purposes for the purposes of Section 237 for the Site will be subject, in particular, to the following pre-conditions being met:

1. the Mayor being satisfied that Renewal have used their reasonable endeavours to complete the assembly of the SCT Development Site by agreement/private treaty and that the redevelopment proposals cannot otherwise be delivered;

2. the requirements of Section 122 of the Local Government Act 1972 and Sections 226, and 237 of the Town and Country Planning Act 1990 being met;

3. the Mayor being satisfied that there is a compelling case in the public interest to make a Compulsory Purchase Order;

4. the Mayor being satisfied that there is a delivery mechanism with Renewal and/or others in place, which ensures that there is a comprehensive redevelopment of the whole Site and that the new development will be built and completed within a reasonable time period;

5. the Mayor being satisfied that Renewal has a viable business plan and funding strategy to deliver a comprehensive regeneration scheme, together with a full and sufficient indemnity agreement(s) and appropriate financial bond covering the costs of making and confirming any such CPO/appropriation for the purposes of Section 237; and

·    consideration of any issues raised by the Equalities Analysis Assessment on the potential impact of the Compulsory Purchase Order.