Concerns a financial and contractual matter (paragraph 3)
Minutes:
Received a report from the Chief Executive regarding proposals to integrate Thames View Estate and Barking Riverside by building a new primary school as part of the Neighbourhood Centre and improving the cycle and walking links between the two communities.
The new primary school will be of great benefit to the residents of Thames View while residents of Barking Riverside will also benefit from existing facilities in Thames View.
The project will require the acquisition of a small amount of industrial land and buildings to the south of Thames View either through negotiation or Compulsory Purchase Order (CPO) powers, using the funds provided by the Homes and Community Agency (HCA) and implemented by Barking Riverside Ltd (BRL).
Agreed, in order to assist the Council to achieve its Community Priorities of ‘Safe’ ‘Healthy’ ‘Fair and Respectful’ and ‘Prosperous’ to
(i) Note the current planning status of the Barking Riverside Development, the progress being made towards the start of construction of the Stage 1 and Stage 2 areas, and the planned interrelationship between the Thames View and Barking Riverside communities;
(ii) Note the initial negotiations with the relevant landowners and occupants of the land and buildings required to provide a continuous cycle and pedestrian link between Thames View and the Stage 1 area of Barking Riverside;
(iii) the funds to be provided by the Homes and Communities Agency can be used by the Council to acquire the necessary land and properties through negotiation and agreement to provide a continuous cycle and pedestrian link between Thames View and the Stage 1 area of Barking Riverside;
(iv) delegate to the Head of Regeneration and Economic Development the authority to agree the acquisition terms and price up to a total limit of £875,000 for the acquisition of land and properties;
(v) that if acquisition through negotiation and agreement is not possible then the Head of Regeneration and Economic Development to be delegated authority to proceed with the use of CPO. The appropriate CPO powers are identified below under ‘implementation options’ in the options analysis section of this report. The use of CPO should be pursued as a last option due to associated costs which will likely exceed available funding totalling £875,000 and time delays in making CPO and getting confirmation of the Order. The time taken to administer CPO will likely take us past the 31 March 2010 deadline to spend the funding provided by HCA. It is unlikely that the HCA will roll-forward this funding. Therefore, it is recommended that a CPO is only investigated as the final option for this project;
(vi) that once acquisition has taken place the land required for the link will initially be retained by LBBD with the existing occupiers remaining in place under a licence, with an agreed vacation date, until the beginning of the site preparation and construction phase;
(vii) that at the commencement of the construction phase the acquired land and buildings to the south of Thames View be transferred to Barking Riverside Limited at nil cost. There will not be a capital receipt for the Council;
(viii) that the acquisition land to the north of Thames Road will be retained by LBBD and will, once construction is complete, be an extension of the current adopted highway;
(ix) that for the duration of the construction period Barking Riverside Limited and their contractors will be given authority to undertake works on a defined section of the Council’s highway land;
(x) that once the route is opened the section south of Thames Road will be retained and maintained by the Barking Riverside Community Development Trust, and in the interim by Barking Riverside Limited, and that the section north of Thames Road will be retained and maintained by LBBD; and
(xi) delegate to the Head of Regeneration and Economic Development in consultation with the Legal Partner, Divisional Directors of Corporate Finance and Asset Management & Capital Delivery responsibility to agree terms under a Memorandum of Understanding between the Council, Barking Riverside Limited and the HCA. This must include confirmation that Barking Riverside Limited will pay all necessary costs of site preparation and construction and agreements as to how the land and assets will be disposed of and maintained following completion. This must be signed prior to acquisitions or construction commencing.
(* The Chair agreed that this item could be considered as a matter of urgency under the provisions of Section 100B (4) (b) of the Local Government Act 1972.)