Purpose

This report will set out the case for the
Council's use of Compulsory Purchase Powers to enable the Ham Close
regeneration. It will also give an update on project
progress.

Content

RESOLVED:
 
The Finance,
Policy and Resources Committee resolved to:
a)
  Note the information
detailed in this report.
b)  Use
compulsory purchase powers pursuant to Section 226(1)(a) of the
Town and Country Planning Act 1990 (as amended) (in respect of
acquiring land), Section 13(1) of the Local Government
(Miscellaneous Provisions) Act 1976 (in respect of acquiring new
rights) and the Acquisition of Land Act 1981 to acquire all
freehold and leasehold interests in the land and buildings required
and  to acquire new rights over the land
as shown on the Order Map (annexed at Appendix 1) attached to this
report , the Council being of the view that compulsory acquisition
of the land may be necessary in order to secure the delivery of the
Scheme and to bring forward its benefits in a timely
way.
c) 
Authorise the Director of Environment and Community
Services to:
(i) 
Take all necessary steps to proceed with and secure
the making, confirmation and implementation of the CPO including
land referencing, serving any requisitions for information on
affected parties, preparing all necessary documentation (including
the CPO, the Order Map and the Statement of Reasons), submission of
the CPO to the Secretary of State for confirmation, submission of
an application to the Secretary of State under the Acquisition of
Land Act 1981 in respect of open space, the publication and service
of all requisite notices, and preparing for and presentation of the
Council's case at any Public Inquiry;
(ii) 
Negotiate terms for the acquisition of the interests
in the properties to be acquired by agreement or to affect the
withdrawal of objections to the CPO and to enter into such
agreements or to give undertakings accordingly;
(iii) 
Amend and finalise the draft Statement of Reasons
annexed to this report at Appendix 2 as considered necessary prior
to submission to the Secretary of State;
(iv) 
To make reductions and/or amendments, if necessary,
to the extent of the land included in the draft Order Map (annexed
at Appendix 1) prior to the CPO being made;
(v) 
Take all necessary steps to confirm the CPO if
granted the power to do so by the Secretary of State;
(vi) 
To remove from the CPO any plot (or interest
therein) no longer required to be acquired compulsorily, to amend
the interests scheduled in the CPO (if so advised) and to request
that the Secretary of State makes any changes to the CPO prior to
confirmation as may be appropriate;
(vii) 
If the CPO is confirmed, to issue confirmation
notices, to proceed with acquisition of the interests by use of a
General Vesting Declaration and/or Notice to Treat (and Notice of
Entry), and to obtain and enforce vacant possession of the land
pursuant to the CPO powers and contractual and other powers which
the Council may have;
(viii) 
Settle the compensation payable in acquiring the
interests including entering into compensation settlement
agreements or undertakings (where such agreements or undertakings
are appropriate).
d) 
To enter into the CPO Indemnity Agreement with RHP
on such terms as he considers reasonable in consultation with the
Managing Director of the SLLP, and to enter into agreements with
RHP and any consultants appointed by RHP so as
to allow the Council to rely on those consultants’
advice.
e) 
Note that the Council's costs associated with making
a CPO, including acquisition costs of those interests which are
still to be acquired and fees for making the Order and the costs of
making and preparing the CPO will be met by RHP which will be
secured by an indemnity agreement to be entered into prior to the
making of a CPO.
f) 
Note section 8 which gives an update on the delivery
of Community Facilities and identifies a further report on benefits
and cost which will come forward in the November report
cycle.