Purpose

For Cabinet to agree to the proposed Compulsory
Purchase Order

(CPO) for Chippenham Road and delegate authority for
the CPO to
be made at the appropriate
time

Decision

Report Title: Harold Hill Town Centre -
Chippenham Road Making of a Compulsory Purchase Order
 
Presented by: Councillor Graham Williamson
– Cabinet Member for Regeneration & Development
 
Cabinet:
 
2.1       Resolved that
there is a compelling case in public interest for the Council
to  make a Compulsory Purchase Order
(CPO).
 
2.2       Resolved that
the public interest in making a CPO outweighs interference with
rights under the Human Rights Act 1998.
 
2.3       Agreed to the
Council making a Compulsory Purchase Order (CPO) pursuant to the
statutory powers contained in section 226(1)(a) of the Town and
Country Planning Act 1990 (as amended), and section 13 of the Local
Government (Misc. Provisions) Act 1976 and all other necessary
action to acquire all property and other proprietary interests on
the land, including where appropriate new rights, located within
the outline on the CPO Red Line Plan at Appendix B, for the
purposes of delivering the new homes and regeneration of Chippenham
Road.
 
2.4       Agreed that
the Strategic Director of Place, in consultation with the Leader of
the Council, Deputy Director Legal and Governance and Strategic
Director of Resources be authorised to:
2.4.1   To make the CPO or multiple CPOs to enable
the acquisition of land, interest and rights within the CPO Red
Line Plan as attached to this report at Appendix B;
2.4.2   To appoint surveyors, solicitors, barristers
and any other professionals required to promote the CPO(s) and to
facilitate the vacant possession of interests located within the
CPO Red Line Plan;
2.4.3   To settle the final form and content of the
CPO(s) and associated documentation to include the;
•          
CPO Schedule of Interests - Appendix A;
•          
Plans identifying location and extent of interests subject of the
proposed CPO - Appendix B;
•          
Equalities Impact Assessment - Appendix C;
•          
Statement of Reasons  - Appendix D;
•          
Community Engagement - Appendix E;
•          
Financial Implications - Appendix F (Exempt)
2.4.4   To make amendments to the CPO if necessary,
including a reduction or increase to the extent of the land
included in the draft Order Map.
 
2.4.5   To take all necessary steps to secure the
making, confirmation and implementation of the CPO(s) including
publication and service of notices and presentation of the Councils
case at Public Inquiry, or Court should such representation be
necessary;
 
2.4.6   To take such actions to continue attempts to
acquire properties and proprietary interests within the CPO Red
Line Plan by agreement, such actions to include; the relocation of
residents and statutory undertakers apparatus or Communication Code
Operators; and any other interests and setting out the terms for
the withdrawal of objections to the CPO(s); and
 
2.4.7   To pay all costs associated with making the
Order, including the compensation payable to landowners and their
professional fees;
 
    
       2.4.8
  Agreed to appoint external
consultants to assess, agree and pay                any
compensation and claims arising from redevelopment of the Order
Land pursuant to the Order;
 
2.4.9   That following the confirmation of the
CPO(s) by the Secretary of State, secure vacant possession of all
properties and proprietary interests located within the confirmed
CPO Red Line land to include:
2.4.9.1 To take all
necessary actions to secure the making and confirmation of a
General Vesting Declaration (GVD) or multiple GVD’s under the
Compulsory Purchase and (Vesting Declarations) Act 1981 and /or to
serve Notices to Treat and Entry (if required); and
2.4.9.2           
To appropriate to planning / or housing purposes as necessary, any
parcel of land within the CPO Red Line Plan under Section 203 of
the Housing and Planning Act 2016; and
2.4.9.3           
if necessary make representation to the Upper Tribunal (Lands
Chamber) or court should such representation be appropriate.
 
2.5       Agreed that
in the event that the Cabinet approves resolutions 2.1
and  2.2 above, and upon the Deputy
Director Legal and Governance being satisfied that further
information and all the Equalities Impact Assessment outcomes are
satisfactory and to not require reference back to Cabinet, that the
Deputy Director Legal and Governance be authorised to affix the
common Seal of the Council to the CPO(s), GVD(s), maps and
elsewhere and to take all necessary steps as necessary, such as to
issue notices and sign certificates to attain the resolutions
above.
 
2.6       Noted
that:
Any expenditure
associated with the following will be met from the Council’s
existing approved budgets:
 
a) preparatory work
required to make the Compulsory Purchase Order; and
b) payment of
compensation arising from the CPO, together with the associated
capital costs required to undertake the construction works.