Content

The Cabinet:

1.   
Noted the update on the progress in respect of the
Project of:

           
i.        
work being undertaken by the Council (as promoter of
the Project) for the purposes of obtaining the necessary planning
permission(s) and other consents likely to be required,
and

         
ii.        
land assembly and land referencing;

2.   
On the basis of the Cabinet and Full Council
resolutions contained within the contemporaneous report to the
Cabinet and the Full Council titled "Tipner West & Horsea
Island East Regeneration" for meetings on 08/10/2023 and 17/10/2023
respectively (the Contemporaneous Report), approved the taking by
the Council (as promoter of the Project) of all steps
required to progress each aspect of the consenting strategy for the
Project.  This strategy is likely to
require the Council (as promoter of the Project): (1) to make and
thereafter promote an application for an order to be made under the
Transport and Works Act 1992 (the TWAO
application), which would include seeking inclusion in the TWA
Order of compulsory acquisition powers where necessary, (2) to make
and thereafter promote an application(s) for a Marine Licence(s),
and (3) to make and thereafter promote an application(s) for a
planning permission(s) under the Town and Country Planning Act 1990
(the TCPA application). 
This includes:

(a) 
the preparation of all relevant documentation for the above
applications and the service of all necessary pre-application
statutory notices; and

(b) 
seeking and obtaining information in respect of all relevant land
and interests in land in relation to the applications referred to
in this paragraph 2.2.  The intention is
to seek and obtain this information by making voluntary
‘requests for information’ and then, where appropriate,
by issuing statutory requisitions for information in connection
with interests in land under section 16 of the Local Government
(Miscellaneous Provisions) Act 1976;

3.   
Delegated authority to undertake all steps and actions referred to
in paragraph 2 above to the Director of Regeneration;

4.   
Delegated authority to the Director of Regeneration to negotiate and complete
agreements for the acquisition of relevant land and interests in
land for the delivery of the Project.  These negotiations will be in accordance with the
Compensation Code and advice will be sought from the City
Solicitor, in consultation with the Leader;

5.   
Delegated authority to the Director of Regeneration to confirm the instruction
of / instruct land referencing agents to identify all the third-party land and land
interests required to deliver the Project and inform discussions
with landowners as a precursor to negotiations to acquire land /
interests based on voluntary agreements;

6.   
Noted that Officers may need to seek a future resolution in respect
of the Council seeking compulsory purchase powers in relation to the
development to be authorised by the TCPA application (as the TWAO
application will separately seek authorisation, where required, for
compulsory purchase powers in relation to development it relates
to) by the Council making a compulsory purchase order under
section 226 of the Town and Country Planning Act 1990 (as well as,
where necessary, under section 17 of the
Housing Act 1985 and sections 239 and
240 of the Highways Act 1980) should the land referencing exercise identify third
party land or rights that the Council is unable to purchase by
agreement;

7.   
Noted that Officers may need to seek a future resolution to grant
the Director of Regeneration and the City Solicitor authority, in
accordance with section 122 of the Local Government Act 1972, to
declare that any land acquired or held and required for the
delivery of the Project scheme is, where they conclude that it is
no longer needed for its present purpose, appropriated for such
statutory purpose as necessary to deliver the Project, and to
authorise the overriding of such easements, rights, or other
adverse matters burdening the land, where that is needed to deliver
the scheme, in reliance on section 203 of the Housing and Planning
Act 2016; and

8.   
Noted that prior to and after the making of the TWAO application,
resolutions of the Full Council under s.239 of the Local Government
Act 1972 will be required, following publication of the requisite
public notices.

9.   
Recommended that Full Council note the content of the report.