DECISION

In respect to the Blackwall Trust:

1.    To agree to establish the Blackwall Trust, a charitable company limited by guarantee, and delegate to the Corporate Director of Place, after consultation with the Corporate Director of Governance and Monitoring Officer, the power to take all necessary steps for this purpose including, but not limited to, approving the name of the Trust, governance documents (including the memorandum of association, articles of association and objects), submitting documents and making necessary applications/registrations with Companies House, the Charity Commission, and HMRC.

2.    To authorise the Corporate Director, Place, to nominate up to 2 officers to be appointed as directors and trustees of the company on behalf of the Council, subject to any restriction on local authority control which will be determined once the final structure is confirmed. 

3.    To authorise the Corporate Director of Governance and Monitoring Officer to execute any agreements or documents required to give effect to Recommendations 1 and 2.

4.    To authorise the Corporate Director of Place to finalise and grant a 250 year lease of the Millennium Green to the new Blackwall Trust, to be retained as open space, subject to consideration being given to any objections made following advertisement of the intended disposal in accordance with section 123(2A) of the Local Government Act 1972.

5.    To authorise the Corporate Director of Place to transfer to the Blackwall Trust any funds the council has received from Swan Housing Association Limited and which are being held on trust for the Trust.

In respect to the Millennium Green Compulsory Purchase Order, the Mayor in Cabinet is recommended to:

6.    To agree the making, confirming and implementation of a Compulsory Purchase Order under section 226(1)(a) of the Town and Country Planning Act 1990 to acquire plots 61, 71 and 74 (as shown in the map in Appendix 1 to the report) which are located within the residual Robin Hood Millennium Green, and currently in the ownership of the Robin Hood Millennium Green Trust, in order to secure its preservation and improve its management.

7.    To note that the Council has made (and will continue to make) a concerted effort to negotiate the acquisition of the Millennium Green land with its Trustees, but that to date these negotiations have proven unsuccessful.

8.    Determine that the use of CPO powers is justified after balancing the rights of the land owners with the need to secure the preservation and improvement of the open space.

9.    Determine that the interference with the human rights of the property owners affected by these proposals, and in particular their rights to the ownership of property, is proportionate, given the adequacy of their rights to object and to compensation (where applicable), and the benefit to the economic, social and environmental well-being of the areas of Tower Hamlets affected by these proposals.

10. To authorise the Corporate Director of Place to take all necessary steps to implement recommendation 2.6 including but not limited to:

a.    Acquiring the land interests identified in the map at Appendix 1 to the report, either by private treaty or compulsorily.

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

c.    To apply for a certificate under section 19(1)(aa) of the Land Acquisition Act 1981 to the Secretary of State or, if no certificate is granted, to pursue the compulsory acquisition through the special parliamentary procedure.

d.    Seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council under any permission or power conferred by the Secretary of State), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary.

e.    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 identified in the plan at Appendix 1 to the report;

f.     Issuing of General Vesting Declarations or Notices to Treat in respect of the land/interests identified in the map at Appendix 1 to the report.

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

Action by:

ACTING CORPORATE DIRECTOR, PLACE (A. SUTCLIFFE)

(Housing Regeneration Manager (N. McGowan)