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  ...  view the full decision text for item 6

Councillor Rachel Blake, Cabinet Member for Regeneration and Air Quality, introduced the report. She thanked the officers who had been involved in the project in dealing with the large amount of engagement that had taken place. She then set out the reasons why the Council was seeking authorisation to enter into the agreements on land transfers and compulsory purchase orders.

Cabinet then heard from local business owners who were supportive of the recommendations in the report and wished for the process to happen as quickly as possible to avoid any delays to the planned regeneration scheme.

The Mayor welcomed the report and thanked officers for their hard work. He noted the Pre-Decision Scrutiny Questions and officer responses provided. He agreed the recommendations set out in the report.

RESOLVED

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  ...  view the full minutes text for item 6