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).
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 exclusion of land or new rights from the CPO or giving undertakings as to the enforcement of the terms of the CPO;
(d) make any minor additions, deletions or amendments to the draft CPO map at Appendix A and/or the related draft ownership schedules of the CPO should the need arise, so as to include all interests in land and rights required to facilitate the construction, maintenance and use of the Scheme;
(e) dispose of the land acquired from third parties pursuant to the CPO and/or through private negotiations in accordance with the terms of the CPO indemnity agreement;
(f) take all necessary actions in relation to any legal proceedings relating to the CPO, including defending or settling (as appropriate) any compensation claims referred to the Lands Chamber of the Upper Tribunal due to the making or implementation of the CPO, and to take all necessary steps in respect of any other legal proceedings that relate to the making, confirmation or implementation of the CPO;
(g) appoint and/or retain such external professional advisors and consultants as are necessary to assist the Council in facilitating the Scheme, including in the promotion of the CPO and the settlement of any compensation claims.