In relation to his declared interest, Councillor Ohid Ahmed left the room for the duration of this item.

DECISION

1.         To consider and comment upon the proposal to bring a report to Cabinet to seek the following decisions -

(1)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the delivery by Poplar HARCA of Phase 2 of its ongoing Aberfeldy Estate regeneration programme.

(2)          Agree the preparation of a Compulsory Purchase Order (CPO), which would include specific land interests that must be acquired to facilitate the redevelopment by Poplar HARCA of Linton and Printon Houses on the Burdett Estate, to provide new housing and allow expansion of St Paul’s Way Trust School.

(3)          Delegate to the Corporate Director of Development and Renewal, together with the Service Head for Legal Services power to take all necessary steps including the making of these Compulsory Purchase Orders (CPO’s), General Vesting Declarations or Notices to Treat in respect of the land shown edged red on the plans at Appendices 1 and 2, including existing interests affected by the scheme and new rights pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

(4)          Delegate to the Corporate Director of Development and Renewal in liaison with the Service Head for Legal Services the power to take all necessary procedural steps in the making and implementation of each CPO, after consultation with the Mayor and Cabinet Member for Housing and Development.  This shall include the following:-

o      Appointing land referencing agents, making of each CPO as described in Recommendation 2.3, including the publication and service of notices and thereafter seeking confirmation of it 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.

o      Acquiring all known interests in land and any additional interests identified through the land referencing process within the CPO boundaries, shown at Appendix 1 and 2, either by private agreement or compulsorily. This will include those interests listed in Appendix 3.

o      Determination as to whether an individual Order shall be made under the provisions of Section 17 Housing Act 1985, or Section 226 Town and Country Planning Act 1990, should the Service Head for Legal Services consider this appropriate.

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

o      Publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations or notices to treat, and notices of entry, and to acquire those interests to secure the development proposals.

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

o      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, once vacant possession is achieved.

o      Entering into a CPO indemnity agreement to provide a framework for the respective roles of the Council and Poplar HARCA in the promotion and application of powers, and financial commitments to the Council to pay compensation costs and the council’s costs for managing each CPO.

(5)          Determine that the use of CPO powers is exercised where this is recommended in the report, after balancing the rights of individual property owners with the requirement to obtain vacant possession of the site.

(6)          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.

2.         To note that the costs incurred by the council in managing the CPO processes will be reimbursed by Poplar HARCA.

3.         To note that the proposed CPO for Aberfeldy Phase 2 (Recommendation 2.1) is the first of three CPOs which will be brought forward for Resolution over the next five years, at the appropriate time, to enable Poplar HARCA to obtain vacant possession of the key sites required to deliver its overall Aberfeldy regeneration programme.

Action by:

CORPORATE DIRECTOR, DEVELOPMENT AND RENEWAL (A. DALVI)

(Strategic Housing Manager (J. Coker)

(Housing Regeneration Manager (N. McGowan)