DECISION

1.    To agree the making, confirming and implementation of a Compulsory Purchase Order (CPO) to include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Burdett Estate, to provide new educational facilities, housing and estate regeneration.

2.    Subject to the Council entering into the Indemnity Agreement as described at recommendation 5., delegate to the Corporate Director of Development and Renewal, after consultation with the Director of Law Probity and Governance (or their nominee), the power to effect the making, confirming and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the land shown edged red on the plan at Appendix 1 to the report including, but not limited to, the following procedural steps:

2.1             Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundary, as shown at Appendix 1 to the report, either by private agreement or compulsorily, including those specific interests listed in Appendix 2 to the report.

2.2             Appointing land referencing agents, making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making.

2.3             Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO.

2.4             Seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

2.5             Publication and service of notices of confirmation of the CPO and thereafter to execute and serve any General Vesting Declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area.

2.6             Issuing of General Vesting Declarations and/or Notices to Treat in respect of the land/interests within the area edged red on the plan at Appendix 1 to the report and those listed at Appendix 2 to the  report.

2.7             Referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).

2.8             Transfer of any land interests compulsorily acquired by the Council to Poplar HARCA, for nil consideration, within a timescale to be agreed with Poplar HARCA.

3.    To determine that the use of CPO powers is exercised after balancing the rights of individual property owners with the requirement to obtain vacant possession of the site.

4.    To determine that the interference with the human rights of the property owners affected by these proposals, and in particular their rights to a home and to the ownership of property, is proportionate, given the adequacy of their rights to object and to compensation, and the benefit to the economic, social and environmental well-being of the areas of Tower Hamlets affected by these proposals.

5.    To delegate to the Corporate Director, Development and Renewal, following consultation with the Director of Law Probity and Governance (or their nominee), the power to agree the terms of and enter into an Indemnity Agreement with Poplar HARCA which provides a framework for the respective obligations of the Council and Poplar HARCA in the promotion and application of powers, including an obligation for the Council to transfer the land to Poplar HARCA for nil consideration, and the ability for the Council to recover its costs in conducting and managing the CPO (subject to 6. below),  including compensation costs to be paid.

6.    To note that costs incurred by the Council in managing the CPO will be underwritten by Poplar HARCA.  However, an element of the scheme costs are attributable to the project costs of providing the school and will be included in the overall cost paid by the Council to Poplar HARCA as part of the separate agreement in respect of the provision of the school. This is to be funded as part of the Children’s Services capital programme.

Action by:

CORPORATE DIRECTOR, DEVELOPMENT AND RENEWAL (A. DALVI)

(Service Head for Strategy, Regeneration and Sustainability (J. Odunoye)

(Housing Regeneration Manager (N. McGowan)

(Project Officer, Housing Regeneration (A. Uddin)

The Mayor introduced the report. He highlighted that there had been considerable consultation with those affected and that the proposed redevelopment was important for the area.

Councillor Peter Golds, Leader of the Conservative Group, addressed the meeting. He stated that, whilst acknowledging the difficulties Compulsory Purchase Orders could cause, he stressed the importance of the proposed development happening as quickly as possible as the housing and school places were both urgently needed.

During discussion the need for Poplar HARCA to take account of vulnerable residents affected by the proposals were highlighted. The Mayor agreed and noted the important role for Ward Councillors in monitoring the project. Finally, it was noted that the issue of the green space had been resolved as it was to be re-provided.

The Mayor agreed the recommendations as set out in the report.

RESOLVED

1.    To agree the making, confirming and implementation of a Compulsory Purchase Order (CPO) to include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Burdett Estate, to provide new educational facilities, housing and estate regeneration.

2.    Subject to the Council entering into the Indemnity Agreement as described at recommendation 5., delegate to the Corporate Director of Development and Renewal, after consultation with the Director of Law Probity and Governance (or their nominee), the power to effect the making, confirming and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the land shown edged red on the plan at Appendix 1 to the report including, but not limited to, the following procedural steps:

2.1             Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundary, as shown at Appendix 1 to the report, either by private agreement or compulsorily, including those specific interests listed in Appendix 2 to the report.

2.2             Appointing land referencing agents, making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making.

2.3             Monitoring of negotiated agreements by Poplar HARCA with land owners or others as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO.

2.4             Seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

2.5             Publication and service of notices of confirmation of the CPO and thereafter to execute and serve any General Vesting Declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area.

2.6             Issuing of General Vesting Declarations and/or Notices to Treat in respect of the land/interests within the area edged red on the plan at Appendix 1 to the report and those listed at Appendix 2 to the  report.

2.7             Referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).

2.8             Transfer of any land interests compulsorily acquired by the Council to Poplar HARCA, for nil consideration, within a timescale to be agreed with Poplar HARCA.

3.    To determine that the use of CPO powers is exercised after balancing the rights of individual property owners with the requirement to obtain vacant possession of the site.

4.    To determine that the interference with the human rights of the property owners affected by these proposals, and in particular their rights to a home and to the ownership of property, is proportionate, given the adequacy of their rights to object and to compensation, and the benefit to the economic, social and environmental well-being of the areas of Tower Hamlets affected by these proposals.

5.    To delegate to the Corporate Director, Development and Renewal, following consultation with the Director of Law Probity and Governance (or their nominee), the power to agree the terms of and enter into an Indemnity Agreement with Poplar HARCA which provides a framework for the respective obligations of the Council and Poplar HARCA in the promotion and application of powers, including an obligation for the Council to transfer the land to Poplar HARCA for nil consideration, and the ability for the Council to recover its costs in conducting and managing the CPO (subject to 6. below),  including compensation costs to be paid.

6.    To note that costs incurred by the Council in managing the CPO will be underwritten by Poplar HARCA.  However, an element of the scheme costs are attributable to the project costs of providing the school and will be included in the overall cost paid by the Council to Poplar HARCA as part of the separate agreement in respect of the provision of the school. This is to be funded as part of the Children’s Services capital programme.