Decision details

Decision Made: (Unanimously)

That:

1.    The Interim Assistant Director of Property and Housing continue negotiations and seek to conclude terms to acquire the property by agreement, to avoid the need for a Compulsory Purchase Order (CPO).

2.    Subject to the outcome of negotiations, the use of powers of compulsory purchase and the making of an Order under Section 17 of the Housing Act 1985 and all other powers as appropriate for the compulsory purchase of land be approved.

3.    The Legal Services Manager be granted authority 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 any Public Inquiry and the subsequent service of Notices to Treat and Notices of Entry or the execution of General Vesting Declarations.

4.    The Legal Services Manager be granted authority to negotiate and enter into agreements and undertakings, prior to or following the making of the Order, with any owners of any interest in the land affected by the Order and any objectors to the confirmation of the Order setting out the terms for the withdrawal of objections to the Order and to authorise the Interim Assistant Director of Property & Housing and Legal Services Manager to draft, agree and execute all necessary legal documents to record any such agreements and/or undertakings.

5.    The Legal Services Manager be granted authority to appoint suitable Counsel to advise and represent the Council at any Public Inquiry held in respect of the Order and to provide legal support to the project team through the process.

6.    Following the confirmation of the CPO or acquisition by agreement, the Interim Assistant Director of Property and Housing be granted authority to enter into negotiations with a purchaser, identified following a marketing exercise to be agreed in consultation with the Cabinet Member for Assets and Transformation, for the disposal and renovation of the property with minimal financial impact to the Council, to bring it back to a habitable condition for occupation.

7.    The Legal Services Manager be granted approval to execute all legal documentation that is considered necessary to give effect to the above.