3 Deptford Wharves CPO PDF 35 KB
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Decision:
Having considered an officer report and a presentation by the Deputy Mayor,
Councillor Alan Smith, the Mayor agreed that:
(1) a Compulsory Purchase Order be made pursuant to powers under
Sections 226(1)(a) of the Town and Country Planning Act 1990 (in
accordance with the procedures in the Acquisition of Land Act 1981) for the
acquisition of the land shown coloured pink on the plan attached, save for the
interests of the Council and Lendlease;
(2) delegated authority be granted to the Executive Director for Resources
and Regeneration in consultation with the Head of Law:
(i). to negotiate the terms of and enter into a Compulsory Purchase Indemnity
Agreement with Lendlease, together with a Parent Company Guarantee (or
other satisfactory agreement providing appropriate security for performance
by Lendlease of its obligations under the Compulsory Purchase Indemnity
Agreement), such terms to include disposal by the Council of the land
acquired to Lendlease pursuant to Section 233 of the Town and Country
Planning Act 1990;
(ii). to carry out any further or additional land referencing as may be
considered appropriate, 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). subject to the Compulsory Purchase Indemnity Agreement and Parent
Company Guarantee (or other satisfactory agreement providing appropriate
security as referred to in recommendation i) being entered into), to take all
necessary and appropriate steps 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;
(iv). to make any amendments, deletions, or additions to the draft Order Map
and/or draft Schedules to the CPO so as to include and describe all interests
in land required to facilitate the carrying out of the Scheme;
(v). to make such changes as may be considered necessary or appropriate to
the draft Statement of Reasons prior to publication;
(vi). to acquire interests in the Order Land either by agreement or
compulsorily (including pursuant to any blight or purchase notices) and
dispose of the same to Lendlease;
(vii). 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
from the CPO;
(viii). 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 is satisfied that it is appropriate to
do so;
(ix). in the event the CPO is confirmed by the Secretary of State (or by the
Council if given power to do so), to complete all necessary statutory
procedures and to take steps to implement the ... view the full decision text for item 3
Minutes:
The report was presented by the Deputy Mayor who outlined the authority’s
involvement with the scheme and commended the recommendations to the
Mayor.
The representative of the Executive Director for Resources and Regeneration
advised the Mayor Planning consent had been obtained; the scheme was
deemed viable and LendLease were able to deliver the scheme. He outlined
the social and environmental benefits of the proposals and concluded these
were very positive.
The representative of the Executive Director for Resources and Regeneration
advised the Mayor that a replacement Appendix 3, the CPO Plan, had been
tabled. He drew the Mayor’s attention to several corrections to the report.
Paragraph 5.1 should have made reference to ‘London Power Networks Ltd’
rather than ‘Northern Power Networks Ltd’. In paragraph 9.1 ‘2013’ should be
deleted. Paragraphs 6.2 & 6.6 needed to make clear all interests in Phase 1
had to be acquired before works commenced.
The Mayor asked if any residential properties were involved and was told
there were none. He asked the Head of Planning if a CPO was envisaged at
the time when Planning Permission was given. She said this area was a
strategic site allocation and a delivery strategy including land assembly
requirements had been reported factually.
The Mayor sought an assurance that every reasonable effort had been made
to achieve acquisition via negotiation. He was informed all expectations had
been met in that regard and that efforts were still continuing. The Mayor
stressed he expected efforts to reach agreement to continue.
Councillor Millbank queried the level of affordable housing in the proposals as
she thought this was not high enough. The Mayor sought clarification that
planning application issues were not valid in a CPO consideration. The Head
of Law stated planning matters were for the Planning Committee and the
Mayor should take into account the relevant matters referred to in the report.
Once internal council processes had been completed the approval of the
Secretary of State would still be required.
In conclusion the Mayor said this was not a decision to be taken lightly. He
said he had been persuaded that case was strong and all reasonable efforts
had been made to reach agreement. He was satisfied land assembly was
essential and would ensure the scheme was viable. He asked that further
efforts to negotiate a settlement should be made.
Having considered an officer report and a presentation by the Deputy Mayor,
Councillor Alan Smith, the Mayor, for the reasons set out in the report:
RESOLVED that:
(1) a Compulsory Purchase Order be made pursuant to powers under
Sections 226(1)(a) of the Town and Country Planning Act 1990 (in
accordance with the procedures in the Acquisition of Land Act 1981) for the
acquisition of the land shown coloured pink on the plan attached, save for the
interests of the Council and Lendlease;
(2) delegated authority be granted to the Executive Director for Resources
and Regeneration in consultation with the Head of Law:
(i). to negotiate the terms of and enter into ... view the full minutes text for item 3