Decision details

Regeneration of New Landport & Landport Gate (part thereof) Compulsory Purchase Order resolution

Decision Maker: Cabinet

Decision status: Information Only

Is Key decision?: Yes

Is subject to call in?: No

Decision:

2.1  Approve the land assembly strategy for this City centre regeneration project as attached at Appendix 1.

 

2.2  Delegate authority to the Director of Regeneration and S151 Officer on the advice of the City Solicitor in consultation with the Leader to:

 

2.2.1 Negotiate and complete acquisitions of legal interests, on the basis of the statutory Compulsory Purchase Order (CPO) Compensation Code, in land required for the delivery of the City Centre Regeneration scheme.

 

2.2.2     To procure and appoint specialist advisers for:

• Land referencing Agents

• Specialist compulsory purchase surveyors

 

2.2.3     To approve the progress of all work necessary to establish a case for compulsory purchase of land required for the City Centre Regeneration scheme.

 

2.2.4     To approve, in principle, the use of compulsory purchase powers for the acquisition of land to deliver the City Centre Regeneration scheme (indicatively shown in red on the attached plan at Appendix 2) and note that the making of any compulsory purchase order will be subject to a further report to Cabinet confirming that the criteria in paragraph 3.22 have been met.

 

2.3. Cabinet noted that the redline area shown on the plan (Appendix 2) is currently widely drawn around the entire City Centre Regeneration scheme application site area. It is not anticipated that all land/interests including the two churches St. Agatha's and All Saints, as shown will need to be acquired to deliver the scheme however, a degree of flexibility prior to detailed technical approval of the scheme and its mitigation, is required at this stage. Officers will take all reasonable measures to minimise the need to acquire third party interests in accordance with CPO Guidance and the existing design approach to the scheme.

 

2.4. Cabinet noted that Officers will need to seek a future resolution to grant the Director of Regeneration and the City Solicitor authority, in accordance with section 122 of the Local Government Act 1972, to declare that any land acquired or held and required for the delivery of the City Centre Regeneration scheme may, where they conclude that it is no longer needed for its present purpose, appropriate the land for such statutory purpose as necessary to deliver the City Centre Regeneration scheme, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016.

 

2.5. Delegate authority to the Director of Regeneration and S151 Officer on the advice of the City Solicitor in consultation with the Leader to acquire the Delancey assets for a consideration to be disclosed to group leaders in a confidential briefing by the Chief Executive.

Report author: Tristan Samuels

Publication date: 05/10/2021

Date of decision: 05/10/2021

Decided at meeting: 05/10/2021 - Cabinet

Accompanying Documents: