Purpose

Approve a resolution for a single Compulsory Purchase Order
(CPO) under the Town and Country Planning Act 1990 in relation to
the Harriott, Apsley & Pattison (HAP) Houses regeneration
scheme.

Content

DECISION
 
In relation to the Order, to:
 
1.   
Agree that there is a compelling case in the public interest to
justify the making of the Order to include interests that must be
acquired to facilitate the redevelopment of the Order Land for the
reasons detailed in the Report;
 
2.   
Agree that the public interest in enabling the development of the
Order Land to proceed outweighs the interference with relevant
rights under the European Convention on Human Rights as discussed
in the Report;
 
3.   
Resolve, further to the Cabinet report dated 31 January 2024, to
make the Order to include all land interests within the red line
boundaries shown on the plan at Appendix 1 to the report and any
other new rights or third-party rights necessary in order to
facilitate the regeneration of the Order Land by the Council to
provide new and improved housing, and community
facility;
 
4.   
Delegate authority to the Corporate Director of Housing and
Regeneration and the Director of Legal Services and Monitoring
Officer (in consultation with the Mayor) the power to
effect the making, confirming and implementation of the Order;
 
5.   
Delegate authority to the Corporate Director of Housing and
Regeneration and the Director of Legal Services and Monitoring
Officer (in consultation with the Mayor) to take all
necessary steps to give effect to the Order, including, but not
limited to, the following procedural steps:
(a) Progressing and finalising the
Statement of Reasons to properly reflect the Council's position
regarding the Order so as to properly present the Council's
case;
(b) Making any reductions and/or
amendments, if necessary, to the extent of the land included in the
draft Order Map annexed at Appendix 1 or to effect the
withdrawal of objections to the Order;
(c) Preparing and making the Order and
Schedule to the Order;
(d) Power to remove from the Order any
interest no longer required to be compulsorily acquired and to
amend interests in the Schedule to the Order (if so advised) and to
request that the Secretary of State makes any changes to the Order
prior to confirmation as may be appropriate;
(e) Publicising and serving any press,
site and individual notices and other correspondence for such
making of the Order;
(f) Making any ancillary orders and the
exercise of any of the Council's planning functions to give effect
to the Order;
(g) Paying all costs associated with
making the Order, including the compensation payable to
landowners;
(h) Appointing external consultants to
assess, agree and pay any compensation and claims arising from
redevelopment of the Order Land pursuant to the Order; (i) Seeking
confirmation of the Order by the Secretary of State, including the
preparation and presentation of the Council's case to the Secretary
of State / Inspectors as necessary or, if permitted by the
Secretary of State pursuant to Section 14A of the Acquisition of
Land Act 1981 (the 1981 Act), to confirm the Order;
(j) Appointing a professional team,
including legal professionals and experts, and assembling any
witnesses necessary to assist the Council in the preparation and
presentation of the Council's case at a Public Inquiry (if
any);
(k) Publicising and serving notices of
confirmation of the Order and thereafter to execute and serve any
General Vesting Declarations and/or notices to treat and notices of
entry, and any other notices or correspondence to acquire those
interests permitted by the Order; and
(l) Acquiring title to and/or taking
possession of the Order Land and this shall include the power to
take all necessary statutory procedural steps required to
facilitate such acquisition of title and possession of the Order
Land;
 
6.   
Delegate authority to the Corporate Director of Housing and
Regeneration and the Director of Legal Services and Monitoring
Officer (in consultation with the Mayor), to agree the
terms of and enter into any documentation required to settle any
property matters necessary to progress the Scheme, including, but
not limited to:
(a) negotiating and monitoring of
agreements with landowners and/or statutory undertakers as
applicable;
(b) setting out the terms for
withdrawal of any objections to the Order, including where
appropriate seeking exclusion of land or new rights from the Order;
and
(c) referral and conduct of disputes
relating to compensation payable pursuant to the Order at the Upper
Tribunal (Lands Chamber);
 
In relation to the appropriation to:
 
7.   
Acknowledge that further to Cabinet's decision on 31 January 2024
and subject to consent first being given by the Secretary of State
in respect of the appropriation, the Council shall rely on powers
of appropriation in section 203 of the Housing and Planning Act
2016 to override existing rights over the Estate.
 
Action by
CORPORATE DIRECTOR Housing &
Regeneration (D. JOYCE)
Housing Regeneration Manager (J. Walsh)