RESOLVED:

To resolve, subject to consideration of the matters set out in this report and the prior completion of the proposed CPO Indemnity Agreement (CPOIA) to make a compulsory purchase order pursuant to powers under sections 226(1)(a) of the Town and Country Planning Act 1990 as amended) and section 13 of the Local Government (Miscellaneous    Provisions) Act 1976 for the acquisition of the land and new rights for the purposes of creating a car parking area with improved accessibility areas to the site because it is considered that the acquisition will facilitate the carrying out of the development or redevelopment or improvement on or in relation to the land, and the development, redevelopment or improvement is likely to contribute to the promotion or improvement of the economic, social and environmental well-being of Shrewsbury and the surrounding district.

Cabinet to authorise the Director of Legal and Democratic Services to carry out the functions set out in (a), (b) (c), (d), (e), (f), (g) and (h) below and to authorise the Executive Director of Place to carry out the functions set out in (b), (c), (d), (e) and (h) below:

(a)  To negotiate and enter into the CPOIA;

(b)  Subject to the completion of the CPOIA and subject to the requirements of the CPOIA, to take all steps to secure the making, confirmation and implementation of the Compulsory Purchase Order (“Order”) including the publication and service of all notices and the promotion of the council’s case at any public inquiry;

(c)   To make any amendments, deletions or additions to the land identified in this report to be subject to the Order (“Order Land”) as to include and describe all interests in land and rights required to facilitate the carrying out of the development;

(d)  To identify and acquire interests and new rights required to facilitate delivery of the development at the Flax Mill either by agreement or compulsorily pursuant to the Order (including pursuant to any blight notices as appropriate) including conduct of negotiations, making provision for the payment of compensation;

(e)  To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the Order and/or undertakings not to enforce the Order on specified terms, including where appropriate removing land or rights from the Order, making provisions for the payment of compensation;

(f)    In the event the Order is confirmed, to advertise and give notice of confirmation and thereafter to take all steps to implement the Order including, as applicable in accordance with the CPOIA to execute General Vesting Declarations and/or to serve Notices to treat and Notices of Entry in respect of the acquisition of interests and rights over the Order Land;    

(g)  To take all steps in relation to any legal proceedings relating to the Order including defending or settling claims referred to the Lands Tribunal and/or applications to the courts and any appeals; and

(h)  To retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the Order, the settlement of compensation and any other claims or disputes.