Chichester District Council
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Enabling the Delivery of Affordable Housing on the Crooked Lane, Birdham Exception Site

Meeting: 06/07/2021 - Cabinet (Item 36)

36 Enabling the Delivery of Affordable Housing in the Crooked Lane, Birdham Exception Site pdf icon PDF 191 KB

The Cabinet is requested to consider the report and its appendices andmake the following resolutions:

 

That the Cabinet notes the progress made to date at section 4 of this report and approves:

 

1)     That officers be authorised to carry out all necessary preparatory work for the making of a Compulsory Purchase Order (CPO) along with all supporting documentation for submission, on the basis that a decision to make the CPO be deferred to a later cabinet.

 

2)     That officers are authorised to have the draft CPO documentation reviewed by an independent legal advisor prior to submitting for a preliminary review by the Secretary of State ready for final submission, on the basis that this will be reimbursed by Hyde pursuant to an indemnity agreement.

 

3)     That officers are authorised to enter into such legal agreements with affected third parties and other relevant stakeholders as deemed appropriate, in preparing for a CPO, and prior to the actual making of a CPO.

 

4)     That officers are authorised to extend the indemnity agreement with Hyde to cover all costs incurred by CDC in relation to the preparatory work and making of the CPO including, for the avoidance of doubt, the appointment of a CPO surveyor. 

Additional documents:

Decision:

RESOLVED

 

That the Cabinet notes the progress made to date at section 4 of this report and approves:

 

1)    That officers be authorised to carry out all necessary preparatory work for the making of a Compulsory Purchase Order (CPO) along with all supporting documentation for submission, on the basis that a decision to make the CPO be deferred to a later cabinet. 

 

2)    That officers are authorised to have the draft CPO documentation reviewed by an independent legal advisor prior to submitting for a preliminary review by the Secretary of State ready for final submission, on the basis that this will be reimbursed by Hyde pursuant to an indemnity agreement.

 

3)    That officers are authorised to enter into such legal agreements with affected third parties and other relevant stakeholders as deemed appropriate, in preparing for a CPO, and prior to the actual making of a CPO.

 

4)    That officers are authorised to extend the indemnity agreement with Hyde to cover all costs incurred by CDC in relation to the preparatory work and making of the CPO including, for the avoidance of doubt, the appointment of a CPO surveyor.

 

Minutes:

Cllr Sutton introduced the item.

 

Cllr Taylor reminded the Cabinet that although a lot of correspondence had been recently received from residents many of the issues raised related to planning and the recommendations in the report relate to the powers of the Cabinet not those of the Planning Committee.

 

Cllr Taylor requested clarification on the nomination right percentage of re-lets. Mr Jones confirmed 100% on nomination agreements for first lets and 75% on re-lets.

 

Cllr Dignum explained he was not happy with the proposal as he wanted the reservations of residents to be reconsidered. He confirmed that he would be abstaining from the vote.

 

Mr Bennett clarified that the final decision on a Compulsory Purchase Order would have to be made at Full Council. The Cabinet report relates to the internal process required to gather evidence to take a full report to Full Council.

 

Cllr Wilding requested a timeline of the earliest the item could return to Full Council.  Mr Bennett explained the earliest was likely to be November. He added that if the matter requires Secretary of State approval and is fully contested it may in total take two to three years to resolve.

 

Cllr Briscoe highlighted the public interest outlined at bullet point two of section 6.3 of the report.

 

Cllr Plant highlighted the previous Cabinet had made a decision highlighted at section 4.1 of the report. She then confirmed that she would therefore abstain from the vote.

 

Cllr Lintill requested clarification of what happens if ownership of the land cannot be confirmed. Mr Bennett explained that the council can use a Compulsory Purchase Order to obtain land not in the ownership of the council. A Compulsory Purchase Order removes title to the land.

 

Cllr Briscoe requested information on the cost. Mr Bennett explained that those who have rights over the land would enter into compensation talks.

 

In a vote the following resolutions were agreed:

 

RESOLVED

 

That the Cabinet notes the progress made to date at section 4 of this report and approves:

 

1)    That officers be authorised to carry out all necessary preparatory work for the making of a Compulsory Purchase Order (CPO) along with all supporting documentation for submission, on the basis that a decision to make the CPO be deferred to a later Cabinet.

 

2)    That officers are authorised to have the draft CPO documentation reviewed by an independent legal advisor prior to submitting for a preliminary review by the Secretary of State ready for final submission, on the basis that this will be reimbursed by Hyde pursuant to an indemnity agreement.

 

3)    That officers are authorised to enter into such legal agreements with affected third parties and other relevant stakeholders as deemed appropriate, in preparing for a CPO, and prior to the actual making of a CPO.

 

4)    That officers are authorised to extend the indemnity agreement with Hyde to cover all costs incurred by CDC in relation to the preparatory work and making of the CPO including, for the avoidance of doubt, the  ...  view the full minutes text for item 36


 

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