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.