Issue - items at meetings - KD 4136 New Avenue Compulsory Purchase Order

Issue - meetings

KD 4136 New Avenue Compulsory Purchase Order

Meeting: 16/09/2015 - Cabinet (Item 11)

11 New Avenue Estate Regeneration Compulsory Purchase Order pdf icon PDF 197 KB

A report from the Director of Regeneration and Environment and Director of Finance, Resources and Customer Services is attached. This recommends the making of a compulsory purchase order. (Key decision – reference number 4136)

(Report No.59)

(8.45 – 8.50 pm)

Additional documents:

Minutes:

Councillor Ahmet Oykener (Cabinet Member for Housing and Housing Regeneration) introduced the report of the Director of Regeneration and Environment and the Director of Finance, Resources and Customer Services (No.59) seeking approval to the making of a Compulsory Purchase Order.

 

NOTED

 

1.      The progress made in the design and development of the New Avenue Estate Regeneration scheme.

 

2.      Whilst approval was being sought to use of Compulsory Purchase Order powers in relation to obtaining vacant possession of the development site, as identified within Appendix 1 of the report, the intention was that these should only be used as a measure of last resort should it not be possible to reach a negotiated settlement with all parties who had property interests in the development site.

 

Alternative Options Considered: No alternative option had been considered. Without compulsory purchase order powers the delivery of the whole New Avenue Regeneration Programme would at best be delayed or even put at risk. Depending entirely on successful negotiations between the Council and lessees would make the Council/scheme very vulnerable to a small minority of lessees who might otherwise decide either not to sell or seek to hold the Council/scheme to ransom.  

 

DECISION: The Cabinet agreed to:

 

1.            Resolve to make a Compulsory Purchase Order under section 226 1 (a) of the Town and Country Planning Act 1990 (as amended). The London Borough of Enfield (New Avenue Estate Regeneration) Compulsory Purchase Order 2015, to effect acquisition of land and new rights in respect of the land detailed in the report and outlined on the plan in Appendix 1 of the report.

 

2.            Note the generic draft Statement of Reasons (Appendix 2 to the report) which set out the justification for making the Compulsory Purchase Order in relation to the Order Land referred to in Appendix 1 of the report.

 

3.            Delegate authority to the Director of Regeneration and Environment, acting in consultation with the Director of Finance, Resources and Customer Services, to take all necessary steps consequent to the making of a Compulsory Purchase Order, on the basis that there was a compelling case in the public interest to make the Order, including:

 

(a)  To publish the draft Compulsory Purchase Order, referred to within this report, to seek confirmation of the Secretary of State and if confirmed, implement the Order.

(b)  To modify the statement of Reasons and the Order Plan and effect any other procedural requirements including (but not limited to) the publication and service of all notices and the presentation of the Council’s case at any public inquiry.

(c)  To acquire any interests in land within the Order Land by agreement and the making of payments equivalent to the market value of the property interest being acquired plus any statutory payments and disturbance compensation or the provision of property services in lieu of the market value of the property interest being acquired and any statutory payments and disturbance compensation, in contemplation of the Order being made.

(d)  If and when the Order is confirmed then  ...  view the full minutes text for item 11