9 Aylesbury Estate Phase 2B Compulsory Purchase Order (CPO)
To note the position in relation to the delivery of new homes at Phase 2B of the Aylesbury Estate regeneration programme and related recommendations.
Supporting documents:
Minutes:
RESOLVED:
1. That the current position in relation to the delivery of new homes at Phase 2B of the Aylesbury Estate regeneration programme be noted:
· A planning application for the redevelopment of the site to provide 614 homes has been submitted by Notting Hill Genesis
· Vacant possession of 297 properties has been achieved
· The council has successfully acquired 46 leasehold properties by agreement and successfully rehoused 293 households on a secure tenancy.
2. That it be noted that officers are continuing to negotiate with all 11 remaining leaseholders at Phase 2B with the intention to acquire these remaining interests by agreement.
3. That it be noted that there is a compelling case for a Compulsory Purchase Order (CPO) and it be resolved to make a Compulsory Purchase Order under Section 226 (1)(a) of the Town & Country Planning Act 1990 (“the 1990 Act”) for all land and rights within the area of land identified within the plan at Appendix 2 of the report for the purposes of securing the delivery of new homes on the site in line with the proposed planning consent (“the Scheme) and thereby securing the continuation of the regeneration of the Aylesbury Estate in line with the adopted Aylesbury Area Action Plan.
4. That the director of planning and growth, in consultation with the strategic director of housing and modernisation, 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 ... view the full minutes text for item 9