Issue - decisions

Councillor Helen Dennis confirmed the receipt of a late representation from Latin Elephant and noted the points made in this submission and advised that conversations will continue on the points raised, as part of the statutory consultation process.

RESOLVED:

1.  That it be agreed to authorise the withdrawal of the London Borough of Southwark (Elephant and Castle Town Centre) Compulsory Purchase Order 2023 dated 2 February 2023.

2.  That it be agreed that the director of planning and growth be authorised on behalf of the council to notify the Secretary of State and affected parties of the withdrawal referred to in recommendation 1 and to take any steps necessary to deal with all ancillary or incidental issues arising from such withdrawal.

3.  That it be agreed subject to the prior completion of a deed of variation to the existing CPO indemnity agreement between the council, Elephant & Castle Properties Co. Limited ("EC") and Get Living plc dated 1 February 2023, the council makes and (subject to any necessary confirmation by the Secretary of State) implements a new CPO (“the new 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 of the report ("the Order Land") 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[1] for the purpose of facilitating the redevelopment, development and improvement on or in relation to that land, namely a mixed use town centre redevelopment 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, nightclub incorporating sound mitigation lobby, commercial, business and services, access and highway works, public realm and landscaping, car and cycle parking, plant and servicing and associated and ancillary works and structures ("the Scheme") on and adjacent to the Order Land, with the land comprised within the Scheme ("the Scheme Land") being shown edged red on the plan at Appendix B of the report of the report.

4.  That it be agreed that the director of planning and growth be authorised on behalf of the council to finalise the terms of and enter into the deed of variation to the CPO indemnity agreement dated 1 February 2023, and

5.  Subject to completion of the deed of variation to the CPO indemnity agreement referred to in recommendation 4, it be agreed that the director of planning and growth be authorised on behalf of the council to:

(a)  take all necessary steps to secure the making, confirmation and implementation of the new 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 Order Land 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 new CPO

(c)  approve agreements with land owners setting out the terms for the withdrawal of objections to the new CPO, including where appropriate seeking the exclusion of land or new rights from the new CPO or giving undertakings as to the enforcement of the terms of the new CPO;

(d)  make any deletions or amendments to the draft CPO map at Appendix A and/or the related draft ownership schedules of the new CPO (including any minor additions) 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 new CPO and/or through private negotiations, pursuant to section 233 of the Town and Country Planning Act 1990, in accordance with the terms of the CPO indemnity agreement (as varied);

(f)  take all necessary actions in relation to any legal proceedings relating to the new 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 new CPO, and to take all necessary steps in respect of other legal proceedings that relate to the making, confirmation or implementation of the new CPO;

(g)  authorise entry onto land to undertake surveys under section 172 Housing and Planning Act 2016 and/or other relevant powers;

(h)  where necessary in the absence of agreement, to exercise powers under section 271 and/or 272 Town and Country Planning Act 1990 in respect of the extinguishment of rights of statutory undertakers and electronic communications code network operators;

(i)  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 new CPO and the settlement of any compensation claims;

(j)  take all necessary, ancillary or incidental steps to give effect to the recommendations in the report.