Decision

*RESOLVED –

1. That it be approved that the Council will take a lead role in delivering the Tapton Terrace Project, in partnership with the Environment Agency, to remove the risk to life caused by flooding by acquiring and subsequently demolishing the properties, subject to approval of an Outline Business Case (OBC) by Government.
2. That it be noted that the OBC, which sets out the details of the scheme, has been submitted to Government for consideration and approval, which if approved, will fully fund the project, with no requirement for funding to be provided by the Council.
3. That authority be delegated, subject to approval of the OBC, to the Director of Economic Growth, in consultation with the Director of Governance and Director of Finance, to enter into negotiations with landowners and residents to acquire properties through private negotiation, and to conclude the necessary legal processes in relation to the acquisition of the properties.
4. That it be approved in principle that the use of Compulsory Purchase Order (CPO) powers under Section 226(1)(b) of the Town and Country Planning Act 1990 in the Council’s role as the Local Planning Authority, or other such appropriate powers as may be advised, if necessary and only as a last resort, to ensure that the project can be delivered and risk to life mitigated.
5. That, alongside negotiations with affected parties, the Council begin the preparatory work required to progress a CPO, which would only be implemented as a last resort if consensual agreement is not achievable after all reasonable efforts have been made.

That it be recommended to Full Council;

1. That the addition of the Tapton Terrace Project onto the capital programme be approved, and subject to approval of the OBC, the approved capital and revenue funding be added to the Council’s budgets.
2. That it be noted that the project will be fully funded by Government grant funding, subject to the approval of the OBC.

REASONS FOR DECISIONS

1. To endorse the Council taking a lead role in delivering the project, to support the statutory authorities with responsibility for water management and flood risk in Chesterfield, namely the EA and DCC, to address the ongoing risk to life at Tapton Terrace and to prevent future deaths from occurring, as outlined in the Coroner’s Prevention of Future Deaths Report.
2. To authorise that the Director of Economic Growth can enter into negotiations with affected landowners, occupiers and other relevant interest holders to acquire by agreement, all property interests through private treaty, on a consensual basis, which is a direct negotiation between a seller and a buyer.
3. To agree, in principle, the use of the Council’s Compulsory Purchase powers, to support the delivery of the scheme, as a last resort and only if absolutely necessary and where acceptable terms cannot be agreed on a consensual basis, to adequately prevent future deaths.