Issue - meetings
Coles Green Court
Meeting: 11/02/2013 - Executive (Item 22)
22 Coles Green Court PDF 184 KB
This report concerns the redevelopment of Coles Green Court by Network Housing Group and seeks approval to make a Compulsory Purchase Order to acquire leaseholder interests and other relevant interests at Coles Green Court and authority to take all necessary steps to acquire said interests.
Additional documents:
- rmp-coles-green-app1, item 22 PDF 211 KB
- rmp-coles-green-app2, item 22 PDF 5 MB
- PINK coles-green-court-apps3-5 , View reasons restricted (22/4)
Decision:
(i) that the background to Network Housing Group’s redevelopment proposals for Coles Green Court and Network’s endeavours to negotiate acquisition of leaseholder interests at Coles Green Court be noted:
(ii) that subject to Network Housing Group underwriting all costs of such CPO action, approval be given to the:
a) making of a Compulsory Purchase Order (CPO) to acquire leaseholder interests and other relevant legal interests in the land which for identification purposes are shown edged red on the plan attached to this report at Appendix 1 (“the CPO Land”) under Section 226(1)(a) of the Town and Country Planning Act 1990, to facilitate the carrying out of redevelopment scheme (“the Scheme”) and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;
b) submission of the CPO, once made, to the Secretary of State for confirmation, whilst Network Housing Group at the same time seek to acquire the land by private negotiated treaty;
c) making of one or more general vesting declaration or service of Notice to Treat and Notice of Entry (as appropriate) pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 respectively, should the CPO be confirmed, if determined by the Director of Regeneration & Major Projects on the advice of the Director of Legal & Procurement Services, as necessary in order to implement the CPO;
d) acquisition (either pursuant to the CPO or by agreement) of the CPO Land by the Council from its owners once the CPO has been confirmed, subject to all costs in connection therewith indemnified and paid by Network Housing Group;
e) Director of Regeneration and Major Projects to enter into agreements and make undertakings on behalf of the Council with the holders of interests in the CPO Land or parties otherwise affected by the Scheme setting out the terms for the withdrawal of their objections to the confirmation of the CPO, where such agreements are appropriate;
f) Service of all requisite notices on the holders of the CPO Land including rights in the CPO Land relating to the making and confirmation of the CPO;
g) Director of Regeneration and Major Projects to remove from the CPO any plot (or interest therein) no longer required to be acquired compulsorily for the scheme to proceed and to amend the interests scheduled in the CPO (if so advised);
h) Director of Regeneration and Major Projects within the defined boundary of the CPO Land, to acquire land and/or new rights by agreement either in advance of the confirmation of compulsory purchase powers, if so advised, or following the confirmation of compulsory powers by the Secretary of State;
i) Director of Regeneration and Major Projects, if so advised, to seek to acquire for the Council by agreement any interest in land wholly or partly within the limits of the CPO Land for which a blight notice has been validly served.
Minutes:
The report from the Director of Regeneration and Major Projects concerned the redevelopment of Coles Green Court by Network Housing Group and sought approval to make a Compulsory Purchase Order to acquire leaseholder interests and other relevant interests at Coles Green Court and authority to take all necessary steps to acquire said interests. Members noted the financial and legal implications set out in the report in particular that Network Housing would be underwriting all costs associated with the CPO. Councillor Jones (Lead Member, Customers and Citizens) welcomed the proposals which would bring about much needed improvement to the living conditions.
Also before the Executive were appendices to the report which were exempt from publication under Schedule 12A of the Local Government Act 1972 as they included: information relating to individuals; information likely to reveal the identity of individuals and; information relating to the financial or business affairs of a particular person (including the authority holding that information).
RESOLVED:
(i) that the background to Network Housing Group’s redevelopment proposals for Coles Green Court and Network’s endeavours to negotiate acquisition of leaseholder interests at Coles Green Court be noted;
(ii) that subject to Network Housing Group underwriting all costs of such CPO action, approval be given to the:
a) making of a Compulsory Purchase Order (CPO) to acquire leaseholder interests and other relevant legal interests in the land which for identification purposes are shown edged red on the plan attached to this report at Appendix 1 (“the CPO Land”) under Section 226(1)(a) of the Town and Country Planning Act 1990, to facilitate the carrying out of redevelopment scheme (“the Scheme”) and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;
b) submission of the CPO, once made, to the Secretary of State for confirmation, whilst Network Housing Group at the same time seek to acquire the land by private negotiated treaty;
c) making of one or more general vesting declaration or service of Notice to Treat and Notice of Entry (as appropriate) pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 respectively, should the CPO be confirmed, if determined by the Director of Regeneration & Major Projects on the advice of the Director of Legal & Procurement Services, as necessary in order to implement the CPO;
d) acquisition (either pursuant to the CPO or by agreement) of the CPO Land by the Council from its owners once the CPO has been confirmed, subject to all costs in connection therewith indemnified and paid by Network Housing Group;
e) Director of Regeneration and Major Projects to enter into agreements and make undertakings on behalf of the Council with the holders of interests in the CPO Land or parties otherwise affected by the Scheme setting out the terms for the withdrawal of their objections to the confirmation of the CPO, where such agreements are appropriate;
f) Service of all requisite notices on the holders of ... view the full minutes text for item 22