The Cabinet resolved to:
(i) Agree, subject to consideration of the matters set out in the report and the prior completion of the proposed Compulsory Purchase Order Indemnity Agreement (“CPOIA”), to make a Compulsory Purchase Order (CPO) pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 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 in Appendix 1 to the report "draft CPO Plan" and the Schedule, to facilitate delivery of the Vicarage Field regeneration proposals detailed in the report;
(ii) Note that a full Statement of Reasons supporting the CPO had been substantially progressed and to delegate authority for its final approval to the Director of Inclusive Growth.
(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 Compulsory Purchase Order (“Order”) 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, as applicable in accordance with the CPO Indemnity Agreement 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 Vicarage Field 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; and
(v) Agree that the making of the CPO be conditional upon the terms for the land agreement(s) between the Council and Lagmar (Barking) Ltd. being in accordance with the arrangements set out in paragraph 2.48 of the report and subject to the approval of the Cabinet at a future meeting.