Decision

1.    that delegated authority
be given to the Chief Executive to continue negotiations with the
land owners of the site as edged red in Appendix 1, and any other
land, interests or rights subsequently required in consultation
with the Cabinet Member for Pride in Place, Transport and Parking
and Section 151 Officer on any Heads of Terms to enable the
development of Waste Facilities for Torbay Council and associated
statutory and non-statutory waste and recycling operations;
 

2.    that, having taken into
account the options to acquire the land, in the event that the land
is not secured by negotiations, the making of the Compulsory
Purchase Order (CPO) for the site be approved under section
226(1)(a) of the Town and Country Planning Act 1990, as outlined
below, for land (as shown edged in red at Appendix 1 to the
submitted report) and any other land, interests or rights
subsequently required to deliver the redevelopment, The Chief
Executive be given delegated authority to give effect to this
decision, including:
 

(a) 
the taking of all necessary steps required to secure the making of
the CPO and for the subsequent confirmation and implementation of
the CPO including the publication and service of all notices,
statement of reasons and presentation of the Council's case at
public inquiry, if necessary, to secure confirmation of the CPO by
the Secretary of State;
 

(b) 
to carry out any surveys on the Order Land and enter as may be
required to deliver the proposed development by CPO(s) which the
Council is authorised to carry out either by consent of the
relevant landowner or under section 172 to 179 of the Housing and
Planning Act 2016;
 

(c) 
to enter into agreement(s) with any person or body to secure the
withdrawal of objections to the CPO(s) and/or to negotiate and
agree terms for the acquisition by agreement of any land, interests
or rights as may be required for the scheme; and
 

(d) 
to pay all necessary compensation either as agreed or as determined
by the Lands Chamber of the Upper Tribunal in relation to the
acquisition of land and other interests or for the overriding or
acquisition of rights.
 
That, subject to 1.
and 2. above, Cabinet recommends the Council:
 

3.    that Council delegate to
the Chief Finance Officer the approval of the expenditure of monies
(including by prudential borrowing if necessary) required to cover
the acquisition of the land to enable the development of Waste
Facilities for Torbay Council and associated statutory and
non-statutory waste and recycling operations Street identified red
on the plan attached at Appendix 1 to the submitted report, and any
land, interests or rights as may be required for the scheme, either
by agreement or by CPO, on the basis that there continues to be a
clear business case for the development of waste facilities, which
demonstrates how the monies are to be used, and how any prudential
borrowing (if necessary) is to be repaid.

Reasons for the decision

Investment in a new or
significantly upgraded facility was essential to ensure regulatory
compliance, public safety, financial sustainability, and alignment
with future waste management strategies.

Alternative options considered

Operational appraisal
modelling identified the extent of land required for redevelopment,
and acquisition by negotiation was being pursued.  However not pursuing acquisition via CPO if
necessary, could result in the Environment Agency issuing further
noncompliance notices and eventually fines and hence non-delivery
of the preferred scheme was discounted.