Issue - decisions

That Cabinet:

1.         Authorised  the Executive Director Growth and Regeneration, in consultation with the Deputy Mayor for Finance Governance & Performance, to progress Compulsory Purchase Order(s) for the comprehensive regeneration and development of the land shown edged red on the attached draft Order Map with a Plan Number of PROP-ARC-0067c,  as itemised below:

a)         unregistered land within the highway and

b)         the Grosvenor Hotel should negotiations  fail to deliver an acceptable resolution;

including all relevant and necessary actions and activities pursuant to the progression of the Compulsory Purchase Order(s):

1.1  for Officers to make  Compulsory Purchase Order(s) for the acquisition of the land shown edged red on the attached draft Order Map with a Plan Number of PROP-ARC-0067c ("Order Land") pursuant to powers under section 226(1)(a) and section 226(3) of the Town and Country Planning Act 1990 ("the 1990 Act"), together, if so advised, with new rights over that land under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and the Acquisition of Land Act 1981 to enable the comprehensive redevelopment and improvement of that land;

1.2       for the Executive Director Growth and Regeneration, in consultation with the Deputy Mayor for Finance Governance & Performance,  to draft the Order and undertake all relevant and necessary steps to secure confirmation and delivery of the Order, including but not limited to:

1.2.1    undertake diligent inquiry, including title due diligence, service of requisitions for information on owners, occupiers and other holders of interests in the Order land, posting site notices and making all other reasonable inquiry to ascertain the nature of interests in land and identity of the persons holding those interests;

1.2.2    take all steps to seek to acquire the necessary interests in land by agreement including negotiation of headline terms, agreements, undertakings, transfers and any new rights required, with interested parties or by utilising compulsory acquisition powers;

1.2.3    make subsequent technical amendments to the boundary of the Order Map prior to the Order being made;

1.2.4    agree with relevant landowners if appropriate the removal of land from the Order once made;

1.2.5    publish and advertise the Order(s), serve all appropriate notices in relation to the making of the Order and submission of the Order and all relevant accompanying documents to the Secretary of State for confirmation.

1.2.6    under Section 6(4) of the Acquisition of Land Act 1981 to dispense with individual service of notices in respect of areas of land where the Council is satisfied that it has not been possible following proper enquiry to establish the ownership of the land in question and for the service of notices in the manner set out in Section 6(4) of the Acquisition of Land Act 1981;

1.2.7    if the Secretary of State authorises the Council to do so, confirm any Compulsory Purchase Order made if there are no remaining objections;

1.2.8    instruct counsel, experts, and the Council's own officers to prepare evidence for, and to present the Council's case for compulsory acquisition at any inquiry or hearing or in any written representations processes required to inform the Secretary of State whether or not to confirm the Order;

1.2.9    following confirmation of the Order, the publication and service of all appropriate notices in relation to the confirmation of the Order;

1.2.10  utilise, where appropriate, the General Vesting Declaration procedure under the Compulsory Purchase (Vesting Declarations) Act 1981 or the notice to treat procedure under Section 5 of the Compulsory Purchase Act 1965 or section 20 of the Compulsory Purchase Act 1965 in respect of the Order Land;

1.2.11  remove all occupants from the Order land subsequent to the Order if required;

1.2.12  appoint (in conjunction with the Monitoring Officer and S151 Officer) relevant external professional advisors and consultants to assist in facilitating confirmation of the Order and addressing any wider claims/ disputes related to the process and make appropriate arrangements for presenting Council's case at inquiry and in the determination of the appropriate compensation due to affected parties; and

1.2.13  take all steps in relation to any legal proceedings relating to the Order, including defending or settling claims referred to the Upper Tribunal (Lands Chamber) and/or applications made to the Courts and any appeals.

1.3       for the Executive Director Growth and Regeneration to acquire additional interests in the Order Land which may arise if so advised and if satisfied it is necessary to do so and that the human rights and equalities duties for the Council are not infringed;

1.4       for the acquisition by agreement of all existing 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;

1.5       for the use by the Council of its powers under sections 203-205 of the Housing and Planning Act 2016 to override third party rights and covenants within the Order Land on the basis that the land is required for the Council's planning purposes and, where land is already held by the Council, it is no longer required for its existing purpose.

1.6       having noted that the equalities and human rights implications have been assessed arising from the potential impacts of the proposed Order and that the Council is content to proceed with making of the Order(s).

2.         Approval for a budget of up to £4m on the Capital register for the Engine Shed 2 project, subject to confirmation of grant funding from the West of England Joint Committee.

3.         Approval for a £6.86m budget on the Capital register for the purposes of achieving the comprehensive regeneration and development of the Temple Square land and adjacent public realm.

4.         Approval for the allocation of £2.1m of strategic Community Infrastructure Levy towards the cost of utilities diversion infrastructure required to bring forward the regeneration and development of the Temple Square land.

5.         Authorised the Executive Director Growth and Regeneration, in consultation with the Deputy Mayor for Finance Governance & Performance, the Chief Financial Officer and the Monitoring Officer, to exercise the Option under the proposed Joint Development and Land Agreement with Skanska UK Ltd for the purchase of the Station Approach site based on an externally validated market valuation, for the purposes of the comprehensive regeneration of Temple Meads.