Approve a resolution for a single Compulsory purchase order (CPO) under the Town and Country Planning Act 1990 in relation to the Chrisp Street Regeneration Scheme.

DECISION

1.    In relation to the Compulsory Purchase Order

1.1         To authorise the making, seeking confirmation and implementation of a CPO under section 226(1) of the Town and Country Planning Act 1990 to include all land interests within the redline boundary on the plan at Appendix 1 (including but not limited to those specific interests identified at Appendix 2 to the report) in order to facilitate the redevelopment of the Site by CSDL and HARCA, to provide new and improved housing, retail, leisure and community facilities.

1.2         Subject to the Council entering into the Indemnity Agreement described in recommendation 1.3, to delegate to the Acting Corporate Director of Place the power to effect the making, confirming and implementation of the CPO and take all necessary steps, including the making of any ancillary orders and the exercise of any of the Council’s Planning functions, to give effect to the CPO in respect of the area shown edged red on the plan at Appendix 1 to the report.

1.3         To delegate to the Acting Corporate Director of Place the authority to finalise the terms of, and enter into, the Indemnity Agreement substantially in the form set out at Appendix 8to the report to provide a framework for the respective obligations of the Council and CSDL and Poplar HARCA in the promotion and application of powers, including land transfer and the ability for the Council to recover its costs in conducting and managing the CPO, including all compensation costs to be paid;

1.4         To delegate to the Acting Corporate Director of Place the authority to agree the terms of and enter into any documentation required to transfer and effect the transfer of any land interests, whether freehold, leasehold or otherwise which have been compulsorily acquired by the Council to Poplar HARCA/CSDL for a nil value consideration in accordance with the Indemnity Agreement and within a timescale to be agreed between the Council and Poplar HARCA/CSDL; and

1.5         To delegate to the Acting Corporate Director of Place the authority to appoint external consultants to assess and agree any compensation due to the Council and to thereafter enter into any documentation to extinguish and/or to settle compensation for any infringement by the development of property rights benefitting Council-owned properties (including Rights to Light). 

1.6         To delegate to the Acting Corporate Director of Place the authority to require HARCA/CSDL to provide the necessary evidence to demonstrate that the option of refurbishment and/or retention of the existing buildings have been taken into account which may not otherwise deliver the full scheme benefits described in Section 6.14 to 6.19 of the report in order to authorise the making of the Order.

2          In relation to the Council’s land and property interests (other than those acquired pursuant to the CPO) and subject to any legislative and policy requirements,

2.1        To delegate authority to the Acting Director of Place to agree the terms of and enter into any documentation required to settle any property rights / matters necessary to progress the regeneration scheme as detailed in sections 11.4 to 11.17 of the report.  

3          In relation to the Street Market arrangements,

3.1         To agree the proposed relocation of the Street Market as broadly described on the temporary relocation plan of the Street Market (Appendix 12 to the report) and in Sections 16.3 -16.4 of the report, noting the intention to ensure continuous Street Market trading both during the project delivery and after and delegate to the Acting Corporate Director of Place authority to enter into any agreements or documentation, or take any steps or other action necessary, to give effect to this.

3.2         Note the proposals concerning the future management of the Site set out at Sections 16.5–16.8 of the report and in Appendix 9 to the report (Long Term Estate Management Plan), including in particular HARCA/CSDL’s proposal to employ a Town Centre Manager for the scheme;

3.3         To delegate to the Acting Corporate Director of Place, after consultation with the Mayor, the authority to nominate and appoint up to two Council representatives (one Member and one Officer, or two Officers) to act as directors of the Chrisp Street Management Company, subject to being satisfied with the governing documents of the company, and to do all required, including execution of documentation, to give effect to that decision; and

3.4         To delegate to the Acting Corporate Director of Place authority to agree the terms of and thereafter enter into a management agreement (or variation to the existing management agreement) between the Council and Poplar HARCA and/or CSDL in respect of the market area.

Action by:

ACTING CORPORATE DIRECTOR, PLACE (A. SUTCLIFFE)

(Divisional Director, Strategy, Regeneration and Sustainability (M. Baigent)

(Housing Regeneration Manager (N McGowan)

(Project Manager (A. Cahill)

(Housing Regeneration Projects Officer (M. Ali)