Decision Maker: Cabinet
Decision status: Information Only
Is Key decision?: Yes
Is subject to call in?: Yes
To provide an update and approve the use of CPO powers for Phase One of the programme.
Tustin Community Association provided comments in respect of this item which were read out to the meeting.
1. That the current position in relation to the delivery of new homes at Phase 1 of the Tustin Estate investment programme be noted:
· Cabinet approved the funding package for the delivery of the Tustin Estate Low Rise Redevelopment Programme in July 2021
· A design team led by DRMM have been appointed
· A pre-construction services agreement with BY Group has been agreed
· The council has successfully rehoused 6 households in Hillbeck Close on secure tenancies
· Only one household remains in Ullswater
· The council is continuing to negotiate with all 5 remaining leaseholders within Hillbeck Close with the intention to acquire these remaining interests by agreement.
2. That it be resolved to make a Compulsory Purchase Order (CPO) under Section 226 (1)(a) of the Town & Country Planning Act 1990 (“the 1990 Act”) for all land and rights within the Phase 1 area of land identified within the plan at Appendix 1 of the report for the purposes of facilitating the redevelopment, development and improvement of the land and securing the delivery of new homes on the site in line with the proposed planning consent (“the Scheme”) and thereby securing the regeneration of the Tustin Estate.
3. That the director of planning and growth, in consultation with the director of housing, be authorised on behalf of the council to :
· 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
· 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 the 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
· 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
· Make any minor additions, deletions or amendments to the extent of the land to be included in the CPO as shown in Appendix 1 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
· 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
· 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.
Report author: Michael Scorer
Publication date: 08/12/2021
Date of decision: 07/12/2021
Decided at meeting: 07/12/2021 - Cabinet
Effective from: 16/12/2021