Decision details

Making of the Compulsory Purchasing Order - NW Romford Regeneration

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Cabinet will be asked to approve the making of the Compulsory Purchase Order in relation to NW Romford Regeneration

Decision:

Cabinet:

 

 

1.    Approved in principle support for use of compulsory purchase powers and therefore to the Council preparing over the next six months for the making Compulsory Purchase Order(s) (CPO(s)) 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 and adjacent to the land, including where appropriate new rights, located within the outline on the indicative CPO Red Line Plan at Appendix 1, for the purpose of securing the regeneration of the North West Romford Development Proposal in accordance with existing submitted and emerging planning policy.

 

 

2.    Approved that by no later than the period outlined in recommendation one a separate report be prepared to update Cabinet on either

 

a.     the ongoing preparations for making of a CPO(s) and further timescales involved; or

 

b.     recommendations for the making of a CPO in support of the delivery of the proposed development.

 

 

  1. Approved that the Director of Regeneration, after consultation with the Leader of the Council and Deputy Director Legal and Governance be authorised to take all steps necessary to enable a compulsory purchase order (or orders) to be made, including but not limited to;

 

a.     Appointing surveyors, barristers and any other professionals required to prepare for and subsequently promote the CPO(s) and to facilitate the vacant possession of interests which are located within the CPO Red Line Plan;

 

b.     Settling the final form and content of the proposed CPO(s) and associated documentation for approval, to include the;

 

·         CPO Red Line Plan;

·         Compulsory Purchase Order;

·         Schedule Freehold and Leasehold Interests

·         Statement of Reasons

·         Equalities Impact Assessment

·         Consultation Report

 

c.      Taking such actions as necessary to facilitate the North West Romford Development Proposal by acquiring properties and proprietary interests by agreement, such actions to include; the relocation of businesses, residents and statutory undertakers apparatus or Communication Code Operators; and any other interests and setting out the terms for the withdrawal of potential or actual objections to the CPO(s); the entry onto the Land and other land for the purpose of carrying out surveys pursuant to section 15 of the Local Government (Miscellaneous Provisions) Act 1976 ;

 

d.     Amend the number of properties and leasehold acquisitions with the CPO Red Line Plan at Appendix 1, should such amendment be required to deliver the overall North West Romford Development Proposal;

 

e.     Issue notices under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and/or section 5A of the Acquisition of Land Act 1981; and

 

f.       Consider alternatives to the use of compulsory purchase powers.

 

4.         Noted that before a compulsory purchase order is made a further detailed report will be drafted seeking authority for the making of an Order (or Orders) and that such a report will need to address a number of issues including:

a.      That the compulsory acquisition is necessary to facilitate the carrying out of development, redevelopment or improvement on, or in relation to, the land being acquired;

 

b.      That the Scheme complies with planning policy and the submitted Local Plan;

 

c.      That there is a compelling case in the public interest for the land to be acquired which outweighs the interference with the human rights of those with an interest in the land affected;

 

d.      That the Scheme will contribute to the promotion or improvement of the economic and/or social and/or environmental well-being of the local area;

 

e.      That the Scheme is viable and that there is a reasonable prospect that the Scheme can be implemented within a reasonable timescale;

 

f.       That agreements have been entered into with a private sector partner that provides for the delivery of the Scheme and indemnifies the Council in respect of its costs of making the order, seeking its confirmation and compensation payments to affected owners, lessees, occupiers and any other potential claimants;

 

g.      That there are no physical or legal impediments to the Scheme proceeding;

 

h.     That all reasonable steps have been taken to acquire land and rights over land needed to deliver the Scheme by negotiation and voluntary agreement;

 

i.       That alternatives to the use of compulsory purchase powers have been considered;

 

j.        That the compulsory acquisition would not infringe the Council's equality duty.

 

Report author: Lauren Sinclair

Publication date: 14/11/2019

Date of decision: 13/11/2019

Decided at meeting: 13/11/2019 - Cabinet

Effective from: 22/11/2019

Accompanying Documents: