Purpose

To seek approval for the Council to support
WLDMC by using CPO powers to acquire and simultaneously dispose of
land and properties to the land promoter on regeneration
grounds

Content

Agreed:
 
RECOMMENDED that Council
approve:-
 
(1) 
that the City Surveyor, in consultation with the Leader, Director of
City Development and the Director Finance (Section 151 Officer) be
granted delegated authority to dedicate part of the Exton Road
Depot Material Recycling Facility, as shown on the site boundary
plan in Appendix 2 of the report, to Devon County Council for
Highways use. Or, if necessary, and subject to the provisions of
the subsidy Control Act 2022, dispose of the land (conditional on
the underpass improvements works being commenced to adoptable
standards) to the Water Lane Development Management Company (or the
relevant corporate vehicle), at less than best consideration but at
a cost that covers the relocation of stored materials on the
disposal site and the construction of an appropriate boundary
treatment on the revised boundary line.
 
(2) 
that in the event of a proposed less than best
disposal, that the City Surveyor, in consultation with the Leader,
(Section 151 Officer) and Director of City Development, be granted
delegated authority to assess and, subject to compliance with
relevant statutory provisions, agree an undervalue.
 
RESOLVED
that:-
 
(3) 
subject to the S151 Officer, in consultation with
the Leader of the Council, being satisfied as to the financial
standing of the party/parties providing the indemnity, that the
Director of City Development be granted delegated authority to
enter into a Compulsory Purchase Order Indemnity Agreement (CPOIA)
and if necessary, a development agreement with the land promoter
(and any other relevant third party) prior to undertaking any
preparatory works in respect of a Compulsory Purchase Order to
acquire the third-party proprietary interests identified in
Appendix 1 of the report;
 
(4) 
subject to resolution (3), that the Director of City
Development be granted authorisation to take all necessary steps to
secure the making, submission, confirmation and implementation of a
Compulsory Purchase Order to acquire the third-party proprietary
interests identified in Appendix 1 of the report;
 
(5) 
the Director of City Development be granted
authorisation to issue all relevant notices and certificates in
connection with the making, confirmation and implementation of any
Compulsory Purchase Order;
 
(6) 
the City Surveyor be granted authorisation to
acquire third party proprietary interests by private treaty
negotiation;
 
(7) 
the City Surveyor be granted authorisation to
dispose of any third party propriety interest acquired pursuant to
the Compulsory Purchase Order to WLDMC (or the relevant corporate
vehicle) in accordance with terms to be agreed and subject to
compliance with relevant statutory provisions;
 
(8) 
the Director of City Development be granted
authorisation to make General Vesting Declarations (GVDs) under the
Compulsory Purchase (Vesting Declarations) Act 1981 and/or serve
notices to treat and notices of entry (if required) following
confirmation of a Compulsory Purchase Order by the Secretary of
State;
 
(9) 
the Director of City Development be granted
authorisation to issue and serve any warrants to obtain possession
of property acquired by the Council following the execution of a
General Vesting Declarations or service of a notice of entry if it
was considered appropriate to do so; and
 
(10)     
the City Surveyor be granted delegated authority to agree the final
terms for the disposal of the strip of land at Exton Depot and the
final terms of the Compulsory Purchase Order Indemnity Agreement,
subject to compliance with relevant statutory
provisions.
 
Reason for Decision: As set out
in the report and amended at the meeting.