Purpose

Approval to carry out a
Compulsory Purchase Order on properties identified for demolition
as part of the Goldthorpe Housing Project delivery.

Decision

RESOLVED
that Cabinet:-
 

1.   
Concludes that the acquisition of the Order Land
identified edged in red on the Order Map (“the Order
Land”) will facilitate the carrying out of development,
re-development, and improvement on and in relation to the land and
is likely to contribute to the achievement of the promotion and
improvement of the economic, social, and environmental well-being
of the area; and
 

2.   
Agrees, subject to the considerations set out in the
report, to the making of a Compulsory Purchase Order (Order)
pursuant to Section 226(1)(a) of the Town and Country Planning Act
1990 for the acquisition of all land interests in the Order Land;
and
 

3.   
Agrees, subject to the considerations set out in
report, to the acquisition pursuant to Section 227 of the Town and
Country Planning Act 1990 by agreement of land interests in the
Order Land; and
 

4.   
Agrees, subject to the considerations set out in the
report, to authorise the publication and service of any press, site
and individual notices relating to the making of the Order;
and
 

5.   
Confirms that it is the intention of the Council in
acquiring an interest in the relevant Land for planning purposes to
engage the provisions of Section 203 of the of the Housing and
Planning Act 2016, in order to override
easements and other rights in respect of the Land; and
 

6.   
Authorises the Executive Director of Growth and
Sustainability, to arrange with the Service Director Legal &
Governance to make and publish a Compulsory Purchase Order (Order)
pursuant to Section 226(1)(a) of the Town and Country Planning Act
1990 for the acquisition of all land interests in the Order Land
identified edged in red on the Order Map and to authorise the
publication and service of any press, site and individual notices
relating to the making of the Order; and
 

7.   
Authorises the Executive Director of Growth and
Sustainability, to make any necessary additions, deletions or amendments to the Order and to settle
the final form and content of the Order and all associated
documentation including the Statement of Reasons and to take all
actions necessary to pursue the Order and secure its confirmation
by the Secretary of State, including the preparation and
presentation of the Council’s case at any public inquiry;
and
 

8.   
Authorises the Executive Director of Growth and
Sustainability, to enter into any agreements with landowners or
statutory undertakers as applicable, setting out the terms for
withdrawal of any objections to the Order, including where
appropriate seeking exclusion of land from the Order and
making arrangements relating to the
payment of compensation and dealing with any blight notices served
in connection with the Order; and
 

9.   
Authorises the Executive Director of Growth and
Sustainability, to take all steps necessary to implement the Order
including the publication and service of notices of confirmation of
the Order and thereafter to execute and serve any general vesting
declarations and/or notices to treat and notices or entry,
including, if required, High Court Enforcement Officer notices; and
all disputes relating to compulsory purchase compensation to the
Upper Tribunal (Lands Chamber) and/or the courts and any appeals;
and
 

10.Authorises the Executive Director of Growth and Sustainability,
to appropriate for planning purposes all or any part of the Order
Land pursuant to section 122 Local Government Act 1972 and section
227 Town and Country Planning Act 1990 to facilitate delivery of
the Goldthorpe Housing Project and to take all necessary steps to
effect the appropriation of the relevant
land for planning purposes (if required); and
 

11.Authorises the Executive Director of Growth and Sustainability,
to invoke as appropriate the powers under section 203 of the
Housing and Planning Act 2016 in relation to the Order land to
override easements and other rights to facilitate delivery of the
Goldthorpe Housing Project and the development and re-development
of the Order Land and to take all steps in relation thereto
including the assessment and payment of compensation;
and
 

12.Authorises the Executive Director of Growth and Sustainability,
to make any other decisions ancillary to and required to facilitate
4-11 above; and
 

13.Agree
the Executive Director of Growth and Sustainability, in
consultation with the Head of Highways and Engineering and local
members, be authorised to make an application to the Department for
Transport for the permanent closure of highways required to
facilitate development on the Order Land and to take all steps and
make any other decisions ancillary or in relation there to and to
implement any such closure when granted.