Issue - meetings

Elephant and Castle Centre Compulsory Purchase Order

Meeting: 07/04/2020 - Cabinet (Item 24)

24 Elephant and Castle Centre Compulsory Purchase Order

To approve a compulsory purchase order ("CPO") under section 226(1)(a) of the Town and Country Planning Act 1990 and section 13 Local Government (Miscellaneous Provisions) Act 1976 (and in accordance with the procedures in the Acquisition of Land Act 1981).

Supporting documents:

Minutes:

RESOLVED:

 

That the following be agreed:

 

1.  That subject to the prior completion of an indemnity agreement with Elephant & Castle Properties Co. Limited ("EC"), the Council makes and (subject to any necessary confirmation from the Secretary of State) implements a Compulsory Purchase Order ("CPO") under section 226(1)(a) of the Town and Country Planning Act 1990 and section 13 Local Government (Miscellaneous Provisions) Act 1976 (and in accordance with the procedures in the Acquisition of Land Act 1981) in respect of the area edged red on the plan at Appendix A for the acquisition of the land shown coloured pink on the same plan and the creation and acquisition of new rights over the land shown coloured blue on the same plan for the purposes of facilitating the redevelopment, development and improvement of the land edged red on the plan at Appendix A of the report and the adjacent London College of Communication site edged green on the plan at Appendix B of the report("the LCC Site") to provide a mixed use town centre scheme including residential, retail, offices, education, assembly and leisure, a new station entrance and station box for use as a London Underground operational railway station, access and highway works, public realm and landscaping, car and cycle parking, plant and servicing and associated and ancillary works and structures ("the Scheme").

2.  The director of regeneration be authorised on behalf of the council to:

  (i)  finalise the terms of and enter into the CPO indemnity agreement with EC to underwrite in full the Council's costs and liabilities associated with the proposed CPO, including suitable financial security for the Council's liabilities, such agreement to contain as a pre-condition to the making of a CPO that the Director of Regeneration has received evidence that the LCC Site is the subject of a contract for sale between its owner the University of Arts, London ("UAL") and Elephant Three Properties Limited ("E3") and that there is a contract in place between EC and UAL for the relocation of the LCC as part of the Scheme, and

  (ii)  subject to completion of the CPO indemnity agreement referred to in recommendation 2.1:

(a)  take all necessary steps to secure the making, confirmation and implementation of the CPO, including the publication and service of all notices and the presentation of the Council's case at public inquiry should one be called;

(b)  acquire for planning purposes all interests in land and new rights within the CPO area 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;

(c)  approve agreements with land owners setting out the terms for the withdrawal of objections to the CPO, including where appropriate seeking the  ...  view the full minutes text for item 24