Agenda item

Having considered an open officer report, and a presentation by the Cabinet

Member for Housing and Planning, Councillor Paul Bell, the Mayor and

Cabinet agreed that:

(1) a Compulsory Purchase Order (CPO) be made in accordance with Section

17 of Part II of the Housing Act 1985 and the Acquisition of Land Act 1981, for

the compulsory acquisition of all interests in the land and buildings known as

2 – 30A Reginald Road, the site of which is shown by the red line on the plan

attached as Appendix 1, other than those interests already in the ownership of

the Council;

(2) delegated authority be granted to the Executive Director for Housing,

Regeneration and Public Realm in consultation with the Director of Law,

Corporate Governance and Elections to carry out the following resolutions:

(3) any further or additional land referencing be carried out 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;

(4) 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;

(5) 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 required to facilitate the carrying out of the Scheme;

(6) such changes as may be considered necessary or appropriate to the draft

SoR be made prior to publication;

(7) interests be acquired in the Order Land either by agreement or

compulsorily (including pursuant to any blight or purchase notices);

(8) 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;

(9) in the event that the Secretary of State notifies the Council that it has been

given the power,  the CPO be confirmed if the Executive Director for Housing,

Regeneration and Public Realm is satisfied that it is appropriate to do so;

(10) in the event the CPO is confirmed by the Secretary of State (or by the

Council if given power to do so),  all necessary statutory procedures be

completed and steps be taken to implement the CPO, including by way of

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

(11) 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;

(12) 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;

(13) all such other steps be taken as may be considered necessary or

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

agreement or CPO).

In introducing the report, Councillor Paul Bell stressed CPO powers were a

last resort and that he believed the borough had a strong case in the context

of engagement over many years and the continuing need to deliver new

homes.

Having considered an open officer report, and a presentation by the Cabinet

Member for Housing and Planning, Councillor Paul Bell, the Mayor and

Cabinet for the reasons set out in the report and by a vote of 7-0 of members

in physical attendance:

RESOLVED that

(1) a Compulsory Purchase Order (CPO) be made in accordance with Section

17 of Part II of the Housing Act 1985 and the Acquisition of Land Act 1981, for

the compulsory acquisition of all interests in the land and buildings known as

2 – 30A Reginald Road, the site of which is shown by the red line on the plan

attached as Appendix 1, other than those interests already in the ownership of

the Council;

(2) delegated authority be granted to the Executive Director for Housing,

Regeneration and Public Realm in consultation with the Director of Law,

Corporate Governance and Elections to carry out the following resolutions:

(3) any further or additional land referencing be carried out 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;

(4) 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;

(5) 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 required to facilitate the carrying out of the Scheme;

(6) such changes as may be considered necessary or appropriate to the draft

SoR be made prior to publication;

(7) interests be acquired in the Order Land either by agreement or

compulsorily (including pursuant to any blight or purchase notices);

(8) 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;

(9) in the event that the Secretary of State notifies the Council that it has been

given the power,  the CPO be confirmed if the Executive Director for Housing,

Regeneration and Public Realm is satisfied that it is appropriate to do so;

(10) in the event the CPO is confirmed by the Secretary of State (or by the

Council if given power to do so),  all necessary statutory procedures be

completed and steps be taken to implement the CPO, including by way of

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

(11) 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;

(12) 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;

(13) all such other steps be taken as may be considered necessary or

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

agreement or CPO).