Purpose

To update Cabinet on changes to the previously
authority to undertake Compulsory Purchase of a site at Cranford
Street, Smethwick and request authority to proceed with a revised
scheme.

Content

Resolved:-
 
(1) 
that the updates to the Cranford Street Scheme since the
the Cabinet decision of 16 November
2022 (minute 215/22 (1) (a)), including the amendment to the figure
of land to be acquired as part of the Cranford Street, Smethwick
Compulsory Purchase Order from 1.67 ha to 1.96 ha and shown on the
revised plan marked "Map referred to in Borough Council of Sandwell
(Cranford Street, Smethwick) Compulsory Purchase Order" as
demonstrated in appendix 1 to this report is noted;
 
(2) 
that approval is given to pursue the making of the Compulsory
Purchase Order based upon the revised outcomes to the changes to
housing numbers arising from the detailed design work;
 
(3) 
that delegated authority is given to the Assistant Director for
Legal and Assurance:

 
(a) 
to make a Compulsory Purchase Order under Section 226 (1) of the
Town and Country Planning Act 1990 as amended by Section 99 of the
Planning and Compulsory Purchase Act 2004, Acquisition of Land Act
1981, and Section 13 of the Local Government (Miscellaneous
Provisions) Act 1976 to be known as The Borough Council of Sandwell
(Cranford Street, Smethwick) Compulsory Purchase Order, in respect
of approximately 1.96 hectares of land bounded by land to the south
of Cranford Street or such lesser land as may be deemed necessary
and also including the air space above an area lying to the north
and south of the development during the construction as
demonstrated in appendix 1;

 
(b) 
to use the Council’s Compulsory Purchase powers to acquire
land and property required for the Grove Lane Towns Fund project at
Cranford Street, Smethwick;

 
(c)  
to take all necessary action to secure the making, confirmation and
implementation of the Compulsory Purchase Order; and, if objections
are received to the Compulsory Purchase Order, to make arrangements for public inquiries, including
instructing external Counsel and Consultants to assist in the
preparing of evidence and the presentation of the Council’s
case at any public Inquiry;
 
(d) 
in the event of the Compulsory Purchase Order being unopposed, and
the Council thereby being granted powers to do so by the Secretary
of State for Housing Communities and Local Government, to confirm
the above order and serve all necessary notices to implement the
Compulsory Purchase Order, including the issuing of sheriff
warrants’
 
(e) 
to prepare and seal the necessary documents in connection with the
Compulsory Purchase Order and submit the Compulsory Purchase Order
to the Secretary of State for Housing Communities and Local
Government to confirm;
 
(f)   
to enter into any licences, undertakings
or other agreements to facilitate the Compulsory Purchase Order, on
terms to be agreed by the Executive Director Place;
 
(g) 
in the event of the Compulsory Purchase Order being confirmed by
the Secretary of State for Housing Communities and Local
Government, to serve all necessary notices to implement the powers
of compulsory acquisition, including the making of General Vesting
Declarations; notices to treat; notices of entry; and to take all
other requisite steps to obtain possession of the properties; and,
where possession has not been given, to obtain a Sheriff’s
Warrant for possession of any lands;
 
(h) 
to acquire the necessary interests in the land and property
included in the confirmed Compulsory Purchase Order, on terms to be
agreed by the Director Executive Director Place, or as ordered by
the Lands Tribunal;
 
(i)    
to enter into, or execute under seal,
any documentation in relation to award of the contract and/or
development/partnership agreement, licence, undertaking, framework
joining agreement and any other agreements with the procured
contractor/s as may be deemed necessary to facilitate development
of the site, on terms and conditions to be agreed by the Executive
Director Place.
 
(4) 
that delegated authority is given to the Executive Director Place
to make minor amendments to the (Cranford Street, Smethwick)
Compulsory Purchase Order and, more particularly, marked "Map
referred to in Borough Council of Sandwell (Cranford Street,
Smethwick) Compulsory Purchase Order" prior to it being made and
submitted for confirmation;

 
(5) 
that delegated authority is given to the Executive Director Place
to continue negotiations and to acquire land and property within
the proposed Order lands, on terms to be agreed, in advance of
confirmation of the Compulsory Purchase Order by the Secretary of
State, and subject to the availability of finances.