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

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.