Issue - decisions
Acquisition of land at Millbay
10/08/2021 - Compulsory Purchase Order Resolution for the Regeneration of Colin Campbell Court, Plymouth
Having considered all of the information Cabinet agreed to -
· Subject to sufficient funding being identified, make a Compulsory Purchase Order pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 in respect of the Order Land as shown outlined in red on the plan at Appendix 1.
· Delegate to the Service Director for Economic Development and the Assistant Head of Legal Services the power to effect the making, confirmation and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the Order Land including, but not limited to, the following procedural steps:
1. finalise a Statement of Reasons to properly reflect the Council's position regarding the proposed CPO so as to properly present the Council's case;
2. making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making;
3. acquire for planning purposes all interests in land and new rights within the Order Land as may be necessary to facilitate the Scheme, either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of their land interests and/or for new rights over their land (as appropriate), the payment of compensation and dealing with any blight notices served in connection with the CPO;
4. approve agreements with land owners or statutory undertakers as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land or new rights from the CPO;
5. make any additions, deletions or amendments to the plan at Appendix 1 and to seek any requisite modifications to the CPO Order and any CPO maps;
6. seek confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981) (the 1981 Act), including the preparation and presentation of the Council's case at any public inquiry which may be necessary;
7. publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area;
8. referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber).
· Delegate authority to the Strategic Director for Place and the Service Director for Finance to approve the financial terms of the compensation arising as a result of the CPO.
· Authorise in accordance with section 122 of the Local Government Act 1972, the appropriation of land owned by the Council within the Order Land, to planning purposes pursuant to section 203 of the Housing and Planning Act 2016, so development may proceed without obstruction in respect of any claimed third-party rights.