A report from Sarah Cary, Executive Director – Place is attached. (Agenda part two also refers). (Key decision – reference number 4832)
(Report No: 169)
Councillor Nesil Caliskan (Leader of the Council) introduced the report of the Executive Director – Place (No.169) recommending that Cabinet resolve to make the London Borough of Enfield (Meridian Water Strategic Infrastructure Works) Compulsory Purchase Order (CPO) to assemble the necessary land to enable the delivery infrastructure for the Meridian Water regeneration programme.
1. The detailed proposals set out within the report. The Council had a proven record or acquisition without the use of a CPO but it would be valuable in negotiations and would be applied if necessary.
2. The financial information was provided within a part two report, Report No.170, Minute No.17 below referred.
3. In response to questions raised by Members, the reasons for not being able to CPO all required interests at the same time was explained in detail. The financial constraints of the Council were noted. Meridian Water represented a development over a period of 25 years. The Council also needed to balance its financial commitments with other estate developments outside of Meridian Water for the benefit of the Borough as a whole.
4. The Council would continue to work closely with the private sector and its partners in progressing the development.
Alternative Options Considered: NOTED, the detailed alternative options that had been considered as set out in full in section 4 of the report including: do not pursue a compulsory purchase order (CPO); wait until there is certainty over funding and planning before making the CPO; or, undertake a CPO for the whole area.
DECISION: The Cabinet agreed to
1. Authorise a Compulsory Purchase Order pursuant to sections 226(1)(a) and 226(3) of the Town and Country Planning Act 1990 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land, interests and new rights within the area identified and shown edged red (the Order Land) in the Order map at Appendix 1 of the report (the Order Map) for the delivery of infrastructure at Meridian Water.
2. 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.
3. Note (i) funding is in place for the land assembly and CPO costs (see Section 6.1 of the report), and (ii) funding for the SIW is contingent on release of HIF funding as set out in the body of the report.
4. Delegate to the Programme Director of Meridian Water in consultation with the Acting Executive Director of Resources and Director of Law and Governance, the authority to make the CPO.
5. Delegate to the Executive Director – Place, in consultation with the Director of Law and Governance, the power to effect all subsequent steps for the CPO including: confirming and implementation of the Order and to take all necessary steps to give effect to the Order in respect of the land shown on the plan at Appendix 1 of the report including, but not limited to, the following procedural steps:
a. make any amendments and additions to the draft Statement of Reasons as deemed necessary to ensure that it is up to date prior to the making of the Order;
b. take all necessary steps to ensure the making, confirmation and implementation of the Order including the publication and service of any press, site and individual notices and other correspondence for such making;
c. make minor amendments to the Order Map, if required, to reduce the boundary of the Order area to align with works and land requirement and (once the boundary is finalised) update the Order Map to reflect on a plot by plot basis the extent of acquisition and rights required;
d. continue to negotiate with all landowners and occupiers within the Order boundary with the aim of acquiring interests by agreement, or relocation;
e. negotiate with any landowners or occupiers who object to the Order to secure terms for the withdrawal of objections;
f. seek confirmation of the Order by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Local Inquiry as may be necessary including instruction of professionals to support the process;
g. publish and serve notices of confirmation of the Order and thereafter 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 Order Land and to obtain and issue a warrant in the event of possession being refused or hindered;
h. refer and conduct disputes relating to compulsory purchase compensation, to the Upper Tribunal (Lands Chamber) if necessary;
6. approve the acquisition of any interests in land within the Order Land by agreement in conjunction with the proposed compulsory purchase, including any statutory payments and disturbance compensation; and
7. delegate authority to the Programme Director of Meridian Water in consultation with the Director of Finance to agree final terms and approve the acquisition of any interests within the Order Land and also to settle any rights needed to facilitate the delivery of the scheme (such as crane oversailing licences), with any legal documents to be approved by Legal Services on behalf of the Director of Law and Governance.
Reason: NOTED, the detailed reasons for the above recommendations as set out in section 5 of the report.
(Key decision – reference number 4832)