Agenda item

To receive a report from the Director of City Development seeking an in-principle decision to enable the Council to continue preparatory work for the potential use of compulsory purchase powers under Section 17 of the Housing Act 1985, should it ultimately be required to support land assembly for the Willow House development.

Resolved; That the Executive:

i.      Noted the preparatory work already undertaken to assemble the land, interests and rights required for the Willow House development, including engagement with leaseholders, initial land referencing activity and preparation of the supporting documentation needed for a potential Compulsory Purchase Order. This preparatory work supports the future potential use of compulsory purchase powers should they be required.

ii.    Approved the principle of using compulsory purchase powers under Section 17 of the Housing Act 1985 to acquire the land, interests and rights in the six assets, included within the plan at Appendix 1, for the purposes of the erection of houses as part of the Willow House development.

iii.   Noted that authority to make a Compulsory Purchase Order would only be requested following a further detailed report and a Statement of Reasons being brought back to the Executive, and that a future report would request authority to make a CPO only where voluntary acquisition has not been achievable and where the statutory tests are met.

iv.   Noted, for the avoidance of doubt, the in-principle approval of the use of compulsory purchase powers relates only to the land, interests and rights required for the Willow House development and does not include the acquisition of any residential properties shown within the wider boundary plan.

v.    Delegated authority to the Director of City Development, in consultation with the Director of Finance and the Director of Governance, to prepare draft documentation for any potential Compulsory Purchase Order referred to above without authorising the making of the order at this stage. This includes appointing land referencing agents, preparing the Statement of Reasons, preparing an Equalities Impact Assessment and securing any statutory consents, licences or orders required to support timely project delivery. These activities form part of the preparatory stage of a CPO process.

vi.   Delegated authority to the Director of City Development, in consultation with the Director of Finance and the Director of Governance, to use all reasonable endeavours to assemble the land, interests and rights required for the scheme by agreement prior to making any CPO. This includes settling compensation and related terms where appropriate and in accordance with statutory requirements where appropriate, removing land no longer required from any proposed CPO, and making arrangements for the relocation of leaseholder possessions and vesting of land acquired in the ownership of the Council where required.

Reasons:

i.      To ensure the Council is able to secure the land, interests and rights required to deliver the Willow House development, where voluntary acquisition may not be achievable.

ii.    To maintain progress on a scheme that has planning permission, secured funding and a clear delivery route, and which will provide new affordable homes and improved amenity space on a long-vacant site.

iii.   To allow preparatory work for a potential CPO to continue in parallel with ongoing negotiations, reducing the risk of delay to the programme and ensuring the Council is ready to act promptly if required.

iv.   To ensure that any future Executive decision to make a CPO is supported by a full Statement of Reasons, an Equalities Impact Assessment and a complete land referencing schedule, in line with statutory guidance.

v.    To provide clarity that this report does not authorise the making of a CPO, nor does it predetermine any planning matters, which remain the responsibility of the Local Planning Authority.