Hounslow Council


Agenda item

REG 361 Proposed Compulsory Purchase Order for Land South of Brentford High Street

Decision:

That the Cabinet Member for Corporate Strategy, Planning and Regeneration agreed the recommendations in the report as follows:

 

·       That the in principle decision of the Cabinet on 15th December 2015 be noted and that it be recommended that the Borough Council:

 

 

         I.        Subject to the completion of an indemnity agreement and the Director Regeneration Economic Development and Environment being satisfied (as agreed in consultation with the Leader) as to the likely or proposed contractual or other arrangements between Geronimo Limited (GL) and its funder (to ensure the deliverability of the Scheme), to authorise the making of the London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2016 under section 226(1)(a) of the Town and Country Planning Act 1990 (‘The 1990 Act’) and section 13 Local Government (Miscellaneous Provisions) Act 1976.

 

london borough of HOUNSLOW (Land South of Brentford High Street)

Compulsory Purchase Order 2016

 

THE TOWN AND COUNTRY PLANNING ACT 1990

 THE ACQUISITION OF LAND ACT 1981

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976.

 

 

The London Borough of Hounslow (in this order called “the Acquiring Authority”) makes the following order:

 

1                 Subject to the provisions of this order, the Acquiring Authority is under Section 226(1)(a) of the Town and Country Planning Act 1990 hereby authorised to purchase compulsorily the land and under Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 hereby authorised to purchase compulsorily the new rights over land both described in paragraph 2 and both for the purposes of facilitating the carrying out of development, redevelopment and improvement on or in relation to such land consisting of a mixed-use regeneration scheme to the south of Brentford High Street including the delivery of new residential, retail, leisure and commercial uses, and provision of new infrastructure and public realm improvements, which will contribute to the promotion and improvement of the economic, social and environmental well-being of the Acquiring Authority's area.

 

2                 (i) The land authorised to be purchased compulsorily under this order is the land described in the Schedule and delineated and shown edged red and coloured pink on a map prepared in duplicate, sealed with the common seal of the Acquiring Authority and marked “Map referred to in the London Borough of Hounslow (Land South of Brentford High Street) Compulsory Purchase Order 2016”.

(ii) The new rights authorised to be purchased compulsorily over land under this order are described in the Schedule and shown edged red and coloured blue on the said map.

 

 

       II.        Authorises the Head of Governance to make changes to the draft Order, the Map (within the red line boundary as shown on the Map) and Statements of Reasons as considered necessary and agreed with the Leader.

 

     III.        Authorises the use of powers in the 1990 Act to secure the removal of any apparatus of statutory undertakers or communication code operators from the Order Land shown in Appendix 2.

 

     IV.        Authorises the acquisition by agreement of all third party interests in and over the Order Land under Section 227 of the 1990 Act before and after confirmation of the Order and in respect of any new rights required for the development or use of the Order Land.

 

       V.        Authorises the Head of Governance to take all necessary steps to secure confirmation of the Order and the acquisition of all third party interests in the Order Land and any new rights and the removal of all occupants from the Order Land.  This authorisation includes the publication and advertisement of the Order, serving appropriate notices, seeking confirmation of the Order, taking all steps to acquire relevant interests and such other steps as deemed appropriate by the Head of Governance to facilitate the development, redevelopment or improvement of the Order Land.

 

     VI.        Authorises the Head of Governance to enter into agreements and make undertakings, contracts and transfers on behalf of the Council with third party interests in the Order Land or for the creation of new rights in favour of or over the Order Land or with parties otherwise affected by the Order (including oversailing rights), including for the withdrawal of objections to the confirmation of the Order and also including the offering back of any part of the Order Land or rights over it, or acquisition of additional land or interests in or over any such land and the removal of any land from the Order.

 

   VII.        Authorises defending any proceedings challenging these decisions, and the making, confirmation or implementation of the Order or any notice, general vesting declaration or anything else made pursuant to the Order.

 

 VIII.        Authorises the Head of Governance following confirmation of the Order to publish and serve all appropriate notices of confirmation of the Order and to make one or more general vesting declarations or serve notices to treat and notices of entry (as appropriate) in respect of the Order Land.

 

     IX.        Authorises the Head of Governance to initiate or take part in any arbitration or proceedings before the Upper Tribunal (Lands Chamber) or the Courts in order to resolve any disputes as to compensation or other payments payable for any interests in the Order Land or arising from the making or confirmation of the Order or securing possession of any part of the Order Land or title to any part of the Order Land or the removal of any occupants or apparatus of statutory undertakers or communication code operators.

 

       X.        Notes that officers are currently negotiating the terms of an indemnity agreement with GL with appropriate security covering all of the Council’s costs in and incidental to the making of the Order or acquiring the Land by agreement, costs of process, legal / valuation costs, and officer time ("Indemnity Agreement"); for the development of the Order Land by GL pursuant to planning permission and listed building references 00607/BA/P2, 00607/BA/L1, 00607/AJ/P10, 00607/AJ/L9, and 00607/80/L2 ('Planning Permission') (or in substantially that form) and authorises the Director Regeneration Economic Development and Environment ("the Director") to enter into the Indemnity Agreement once its terms are agreed.

 

     XI.        Notes that GL, in liaison with and on behalf of the Council, will continue to use reasonable endeavours to assemble the land by agreement / private treaty.

 

   XII.        Notes that the Equalities Impact Assessment has been undertaken which has assessed the potential impacts of the proposed Order and notes the conclusions of that assessment set out in the Report.

 

Supporting documents: