Agenda item

Church End redevelopment

This report seeks member approval to the disposal of the Council’s remaining freehold interest in Church End Car Park to Catalyst Housing Group Limited (CHGL). The report also seeks approval to initiate compulsory purchase of all interests (inclusive of freehold interests) other than that already owned by the housing association in this area.

Decision:

(i)         that approve be given to the disposal of its freehold interest to Catalyst Housing Group Limited (CHGL) in accordance with the terms set out in this report and as outlined in the confidential appendix;

 

(ii)        that approval be given to:

 

(a)  the making of  compulsory purchase orders (the CPO’s) to acquire all interests and rights in the properties listed in 3.5 and shown as the land hatched  in black on the plan attached in the appendix 2 together with properties referred to in 3.7 (which properties are referred to hereafter as “the CPO Land”) under section 226 (1)(a) of the Town and Country Planning Act 1990 and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976.

 

            (b)  the Director of Regeneration and Major Projects in consultation with the Director of Legal and Procurement to include in the Compulsory Purchase Order authorised by this Executive meeting such other additional interests and rights as are disclosed during the land referencing exercise which the Director of Regeneration and Major Projects in consultation with the Director of Legal and Procurement deem it necessary to facilitate the delivery of the Church End Growth Area.

(c) To include authority to the appropriation of land for planning purposes where applicable

 

(iii)       that approval be given to the submission of the CPOs, once made, to the Secretary of State for confirmation whilst at the same time seeking to acquire the land by private negotiated treaty on such terms as may be agreed by the Director of Regeneration and Major Projects

 

(iv)       that the following be authorised:

 

1          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 CPOs and including the offering back of any part of the CPO Land not required by the Council after the completion of the development or the acquisition of rights over the CPO Land in place of freehold acquisition, where such agreements are appropriate;

 

2          Making of one or more general vesting declarations or service of Notices to Treat and Notices 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 by the Secretary of State;

 

3          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;

 

4          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) and to alter the nature of the proposed acquisition from an acquisition of existing property interests to an acquisition of new rights (if so advised);

 

5          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;

 

             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:

Councillor Crane (Lead Member, Regeneration and Major Projects) introduced the report which sought member approval to the disposal of the council’s remaining freehold interest in Church End Car Park to Catalyst Housing Group Limited (CHGL). The report also sought approval to initiate compulsory purchase of all interests (inclusive of freehold interests) other than that already owned by the housing association in this area. These actions would enable CHGL to bring forward the regeneration of this area in line with council objectives.

 

The Executive also had before them an appendix to the report which was not for publication as it contained the following category of exempt information as specified in Schedule 12 of the Local Government (Access to Information Act) 1972: 

 

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

 

RESOLVED:-

 

(i)         that approval be given to the disposal of its freehold interest to Catalyst Housing Group Limited (CHGL) in accordance with the terms set out in the report from the Director of Regeneration and Major Projects and as outlined in the appendix to that report;

 

(ii)        that approval be given to:

 

(a)       the making of  compulsory purchase orders (the CPOs) to acquire all interests and rights in the properties listed in paragraph 3.5 to the Director's report and shown as the land hatched  in black on the plan attached in the Appendix 2 together with properties referred to in paragraph 3.7 (which properties are referred to hereafter as “the CPO Land”) under section 226 (1)(a) of the Town and Country Planning Act 1990 and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;

 

(b)       the Director of Regeneration and Major Projects in consultation with the Director of Legal and Procurement to include in the Compulsory Purchase Order authorised by this Executive meeting such other additional interests and rights as are disclosed during the land referencing exercise which the Director of Regeneration and Major Projects in consultation with the Director of Legal and Procurement deem it necessary to facilitate the delivery of the Church End Growth Area;

 

(c)        include authority to the appropriation of land for planning purposes where applicable;

 

(iii)       that approval be given to the submission of the CPOs, once made, to the Secretary of State for confirmation whilst at the same time seeking to acquire the land by private negotiated treaty on such terms as may be agreed by the Director of Regeneration and Major Projects;

 

(iv)       that the following be authorised:

 

1)         the 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 CPOs and including the offering back of any part of the CPO Land not required by the Council after the completion of the development or the acquisition of rights over the CPO Land in place of freehold acquisition, where such agreements are appropriate;

 

2)         the making of one or more general vesting declarations or service of Notices to Treat and Notices 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 by the Secretary of State;

 

3)         the 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;

 

4)         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) and to alter the nature of the proposed acquisition from an acquisition of existing property interests to an acquisition of new rights (if so advised);

 

5)         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;

 

6)         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.

 

Councillor Beswick declared a personal and prejudicial interest in this item, having a relative living in the vicinity, left the room and took no part in the discussion or decision thereon.

Supporting documents: