Cabinet:

1.     Agreed to the Council 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 the land, including where appropriate new rights, located within the outline on the CPO Red Line Plan at Appendix 1 of the report, for the purpose of securing the regeneration of the Rainham and Beam Park Housing Zone in accordance with the decision to adopt the Masterplan and Planning Framework taken on 10th February 2016.

2.      Agreed that the Director of Regeneration Programmes after consultation with the Leader of the Council and Deputy Director Legal and Governance be authorised to;

a. Make the CPO or multiple CPOs to enable the acquisition of land, interest and rights within the CPO Red Line Plan as attached to the report at Appendix 1;

b. Appoint surveyors, 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;

c. Settle the final form and content of the CPO(s) and associated documentation to include the draft;

·       CPO Red Line Plan; Appendix 1;

·       Draft Compulsory Purchase Order; Appendix 2;

·       Draft Schedule Freehold and Leasehold Interests Appendix 3;

·       Draft Statement of Reasons Appendix 4;

·       Draft Equalities Impact Assessment Appendix 5

·       Consultation Report Appendix 6

d. 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;

e. Take such actions so as to facilitate Notting Hill Genesis (on behalf of Rainham and Beam Park LLP) acquiring properties and proprietary interests within the CPO Red Line Plan 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 objections to the CPO(s); and

f. Amend the number of properties and leasehold acquisitions with the CPO Red Line Plan at Appendix 3, should such amendment be required to deliver the overall Rainham and Beam Park Housing Zone strategy.

3.     Agreed that the Director of Regeneration Programmes after consultation with the Leader of the Council and Deputy Director Legal and Governance be authorised following the confirmation of the CPO(s) by the Secretary of State to secure vacant possession of all properties and proprietary interests located within the confirmed CPO Red Line land to include:

a. 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

b. to appropriate to planning / or housing purposes any parcel of land within the CPO Red Line Plan; and

c. to transfer all properties and proprietary interests acquired pursuant to the CPO(s) to the relevant development partner in accordance with the Members Agreement and the Strategic Land Agreement dated 29 March 2018; and

d. if necessary make representation of the Councils case such as at the Upper Tribunal (Lands Chamber) or court should such representation be necessary.

4.     Agreed following Cabinet approval of resolutions 2 and 3 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.

Councillor Damian White, Leader of the Council introduced the report to Cabinet.  Neil Stubbings, Director of Regeneration Programmes presented the detail.

At the Cabinet of the 13th December 2017 the Council agreed to appoint Notting Hill Housing Trust (now known as Notting Hill Genesis – “NHG”) as the development partner to implement the first phases of housing delivery in the Rainham and Beam Park Housing Zone. Consequently, Cabinet gave approval to the Council entering into a joint venture Limited Liability Partnership (to be known as Rainham and Beam Park Regeneration LLP – “RBPR”) with Notting Hill Commercial Properties (a subsidiary of NHG) in which the Council became a Member on 29th March 2018.

Cabinet also noted that the Council and NHG would be responsible for the land acquisition process on behalf of RBPR where necessary, supported by CPO powers, to enable the acquisition of the land interests required for the housing development schemes and infrastructure which cannot be acquired by private treaty. Members noted that authority to make the CPO was delegated by Cabinet on 10th February 2016. This paper is brought to cabinet with further detail consequent to the original decision and provides additional details on;

·       the proposed CPO(s) within the Red Line Plan; and

·       requests that Cabinet approves the making of a CPO(s) and related powers in respect of the land, interests and rights to obtain vacant possession, where necessary to enable the delivery of the regeneration of the A1306 (New Road) in Rainham where it has not been possible to acquire the land. Interest and rights by agreement. The scheme, which is shown on the CPO Red Line Plan at Appendix 1 of the report being the provision of new build housing to the north and south of the A1306 (New Road).

CPO action can only take place as a last resort at the end of a significant period of negotiation.  There will be significant regeneration in Rainham which will focus around the station.  More affordable homes and infrastructure is needed. 

Cabinet:

1.     Agreed to the Council 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 the land, including where appropriate new rights, located within the outline on the CPO Red Line Plan at Appendix 1 of the report, for the purpose of securing the regeneration of the Rainham and Beam Park Housing Zone in accordance with the decision to adopt the Masterplan and Planning Framework taken on 10th February 2016.

2.      Agreed that the Director of Regeneration Programmes after consultation with the Leader of the Council and Deputy Director Legal and Governance be authorised to;

a. Make the CPO or multiple CPOs to enable the acquisition of land, interest and rights within the CPO Red Line Plan as attached to the report at Appendix 1;

b. Appoint surveyors, 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;

c. Settle the final form and content of the CPO(s) and associated documentation to include the draft;

·       CPO Red Line Plan; Appendix 1;

·       Draft Compulsory Purchase Order; Appendix 2;

·       Draft Schedule Freehold and Leasehold Interests Appendix 3;

·       Draft Statement of Reasons Appendix 4;

·       Draft Equalities Impact Assessment Appendix 5

·       Consultation Report Appendix 6

d. 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;

e. Take such actions so as to facilitate Notting Hill Genesis (on behalf of Rainham and Beam Park LLP) acquiring properties and proprietary interests within the CPO Red Line Plan 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 objections to the CPO(s); and

f. Amend the number of properties and leasehold acquisitions with the CPO Red Line Plan at Appendix 3, should such amendment be required to deliver the overall Rainham and Beam Park Housing Zone strategy.

3.     Agreed that the Director of Regeneration Programmes after consultation with the Leader of the Council and Deputy Director Legal and Governance be authorised following the confirmation of the CPO(s) by the Secretary of State to secure vacant possession of all properties and proprietary interests located within the confirmed CPO Red Line land to include:

a. 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

b. to appropriate to planning / or housing purposes any parcel of land within the CPO Red Line Plan; and

c. to transfer all properties and proprietary interests acquired pursuant to the CPO(s) to the relevant development partner in accordance with the Members Agreement and the Strategic Land Agreement dated 29 March 2018; and

d. if necessary make representation of the Councils case such as at the Upper Tribunal (Lands Chamber) or court should such representation be necessary.

4.     Agreed following Cabinet approval of resolutions 2 and 3 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.