Agenda item

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 CPO, including by way of

General Vesting Declaration and/or Notice to Treat/Notice of Entry;

(x). to take all steps 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;

(xi). 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;

(xii). to take all such other steps as may be considered necessary or

appropriate to acquire all land interests required for the Scheme (whether by

agreement or CPO) and to dispose of the same to Lendlease.

(xiii). to agree the final terms for disposal to Lendlease of the Council's

interest in the plots numbered 4, 10, 11, 13, 14, 15, 16, 17 and 18 on the draft

CPO Map attached at Appendix 3 and, subject to the consideration being duly

certified as best consideration, to dispose of the same to Lendlease under

Section 123 of the Local Government Act 1972.

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 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 CPO, including by way of

General Vesting Declaration and/or Notice to Treat/Notice of Entry;

(x). to take all steps 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;

(xi). 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;

(xii). to take all such other steps as may be considered necessary or

appropriate to acquire all land interests required for the Scheme (whether by

agreement or CPO) and to dispose of the same to Lendlease.

(xiii). to agree the final terms for disposal to Lendlease of the Council's

interest in the plots numbered 4, 10, 11, 13, 14, 15, 16, 17 and 18 on the draft

CPO Map attached at Appendix 3 and, subject to the consideration being duly

certified as best consideration, to dispose of the same to Lendlease under

Section 123 of the Local Government Act 1972.