Issue - meetings

Gascoigne West Development Proposals - Use of CPO Powers

Meeting: 16/07/2019 - Cabinet (Item 35)

35 Gascoigne West and Sebastian Court Development Proposals - Use of CPO and Appropriation Powers pdf icon PDF 138 KB

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Further to Minute 120 (25 April 2017), the Cabinet Member for Regeneration and Social Housing presented a report which provided an update on the redevelopment of part of the Gascoigne West Estate (Phase 2).


The Cabinet Member drew attention to the main aspects of the project and explained that confirmation was being sought of the approval of the use of the Council’s compulsory purchase powers to acquire those interests in land and property, which fell outside of the Council’s ownership, and which were required in order to bring forward the redevelopment of the estate.


Cabinet resolved to:


(i)  Agree, subject to consideration of the matters set out in the report, to make a Compulsory Purchase Order (“CPO” / “the Order”) pursuant to Section 17 Housing Act 1985 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land and new rights in respect of the area identified as Phase 2 in Appendix 1 of the report, "draft CPO Plan" and the Schedule, to facilitate delivery of the Gascoigne West Estate regeneration proposals set out in the report; 


(ii)  Delegate authority to the Director of Inclusive Growth to approve the Statement of Reasons supporting the CPO;


(iii)  Delegate authority to the Director of Law and Governance, in consultation with the Director of Inclusive Growth, to:


(a)  agree minor amendments to the CPO Plan and CPO Schedule before the making of the CPO if required;

(b)  take all steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and the promotion of the Council’s case at any public inquiry;

(c)  negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the Order and/or undertakings not to enforce the Order on specified terms, including (but not limited to) where appropriate seeking the exclusion of land or rights from the Order, making provision for the payment of compensation and/or relocation;

(d)  in the event the Order is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the Order including to execute General Vesting Declarations and/or to serve Notices to Treat and Notices of Entry in respect of interests and rights in the Order Land;

(e)  take all steps in relation to any legal proceedings relating to the Order including defending or settling claims referred to the Upper Tribunal and/or applications to the courts and any appeals;


(iv)  Agree that, where required to assist in the delivery of the Gascoigne West Estate regeneration proposals, the Council shall appropriate land for planning purposes pursuant to Section 122 of the Local Government Act 1972 to enable Section 203 of the Housing and Planning Act 2016 to be utilised to override any third-party rights;


(v)  Agree the appropriation of the land at Gascoigne West Phase 1 under Section 122 of the Local Government Act 1972 from the Housing  ...  view the full minutes text for item 35