Purpose

The purpose of the report is to seek a Cabinet
resolution to give approval to progress Compulsory Purchase Powers
(CPO). To acquire land, if continued negotiations remain
unsuccessful, for the acquisition of 72/ 74 Wellington Road South,
in order to allow future phases of Stockport Exchange to
progress.

Content

The Cabinet has
considered a report providing an update in relation to the proposed
use of Compulsory Purchase Order (CPO) powers to acquire 72 / 74
Wellington Road South including the Council’s detailed
reasons for making the CPO; to provide a summary of the
Council’s negotiations with those parties whose land and
interests are required to be assembled, and the stage which those
negotiations have reached; and to enable Cabinet to consider the
human rights and equalities implications should the CPO be made,
and has agreed the contents of the report, and associated
appendices and has duly resolved to:-
 
(1)  Make the Order for the reasons set out in the
draft Statement of Reasons and to assemble the land to deliver the
Scheme, and to submit the Order to the Secretary of State for
Housing, Communities and Local Government (the “Secretary of
State”) for confirmation.
 
(2) Delegate authority
to the Deputy Chief Executive, in consultation with the Cabinet
Member for Housing & Environment authority to:
 

(i)           
make minor amendments and/or modifications, as required, to the
Order front sheet, the Order schedule, the Order map and the
Statement of Reasons, and to approve the said documents, prior to
the Order being made and submitted to the Secretary of State for
confirmation.

(ii)         
if authorised by the Secretary of State, to confirm the Order.

(iii)        
continue to engage in negotiations and, where possible, to agree
terms for the Council to acquire by voluntary means all of the land
and interests comprised within the Site;

(iv)        
 in the event that objections are made
to the Order, take all necessary steps to address and, where
possible, resolve those objections and, if necessary, to prepare
for and participate in any public inquiry convened by the Secretary
of State for Secretary of State to consider the Order.
 
 (3) Delegate authority to the Assistant Director
for Governance to:
 

(i)           
provided the Order is confirmed by the Secretary of State, take all
necessary steps to bring the Order into operation such that the
Council’s powers of compulsory acquisition, as secured by the
Order, are exercised, and possession of the Order Land taken
(including the making and service of one or more General Vesting
Declarations and, where necessary, the preparation and service of
Notices to Treat and Notices of Entry);

(ii)         
approve agreements with affected parties setting out the terms of
any withdrawals of objections to the Order, including, where
appropriate, the exclusion of land from the Order; if considered
acceptable having regard to scheme delivery, seek the consent of
the Secretary of State to make modifications to the Order
(including the Order schedule and the Order map); and, where
appropriate, agree to refrain from compulsorily acquiring/vesting
any land and/or interests included within the Order.

(iii)        
defend any third party proceedings challenging the confirmation of
the Order by the Secretary of State;

(iv)        
commence or defend any proceedings in the Upper Tribunal (Lands
Chamber) concerning the determination of the compensation to which
affected parties whose land and/or interests are acquired pursuant
to the Order may be entitled, and to take all necessary steps to
deal with, settle and/or dispose of those proceedings (as the case
may be).

(v)         
do all things necessary or incidental to the implementation of the
above-mentioned resolutions.
 
(NOTE: Appendices to
the report contained information ‘Not for Publication’
that had been circulated to members of the Cabinet only).

Alternative options considered

None.