Issue - meetings

Regeneration Pipeline Programme: South Derbyshire Growth Zone: Legal Processes for Land Assembly and Delivery

Meeting: 27/07/2023 - Cabinet (Item 117)

117 South Derby Growth Zone Regeneration Pipeline Programme pdf icon PDF 2 MB

Additional documents:

Decision:

RESOLVED to approve to:

 

1)    Proceed to deliver enabling infrastructure within the South Derby Growth Zone (“the Scheme”);

 

2)    Enter int Delegation Agreements with Derby City Council and National Highways;

 

3)    The making of the Side Roads Order (“the SRO”) followed by the Compulsory Purchase Order (“the CPO”);

 

4)    The publication and notice of the CPO and SRO being given to landowners and members of the public in accordance with statutory procedures;

 

5)    The submission of the CPO and SRO to the Secretary of State for Transport for confirmation and the taking of such steps as may be required to achieve confirmation;

 

6)    Authorise the Executive Director – Place, in consultation with the Director of Legal and Democratic Services and Portfolio Holder for Infrastructure and Environment, to make any necessary changes to the draft CPO, SRO and/or Statement of Reasons arising from further legal advice, design work, negotiation with landowners or affected parties or for any connected reasons in order to enable delivery of the Scheme;

 

7)    Authorise the Director of Legal and Democratic Services in consultation with the Executive Director – Place, to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings, in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber);

 

8)    Authorise the Director of Legal and Democratic Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the SRO and CPO;

 

9)    Authorise the Executive Director – Place to negotiate with objectors to the CPO and SRO and other landholders impacted by the Scheme to resolve objections to the Scheme, including without limitation, agreeing accommodation works and the acquisition of interests in land to enable the Scheme to proceed and for the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to withdraw any objections raised;

 

10)                  Take ownership of land pursuant to the CPO to deliver the Scheme and authorise the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to the completion of such acquisitions;

 

11)                  Authorise the Executive Director – Place to negotiate the compensation and payment of the same to affected landowners in accordance with the Compensation Code; and

 

12)                  Authorise the Executive Director – Place to approve payment of relevant and reasonable professional fees incurred by landowners and others with compensatable interests in taking professional advice in connection with the acquisitions of their interests required for the Scheme and related compensation claims and related claims in advancing the development or implementation of the Scheme.

Minutes:

Councillor C Renwick introduced a report, which had been circulated in advance of the meeting, that outlined next steps in relation to ensuring the timely delivery of the South Derbyshire Growth Zone project and sought Cabinet approval to implement the associated actions.

 

RESOLVED to approve to:

 

1)   Proceed to deliver enabling infrastructure within the South Derby Growth Zone (“the Scheme”);

 

2)   Enter into Delegation Agreements with Derby City Council and National Highways;

 

3)   The making of the Side Roads Order (“the SRO”) followed by the Compulsory Purchase Order (“the CPO”);

 

4)   The publication and notice of the CPO and SRO being given to landowners and members of the public in accordance with statutory procedures;

 

5)   The submission of the CPO and SRO to the Secretary of State for Transport for confirmation and the taking of such steps as may be required to achieve confirmation;

 

6)   Authorise the Executive Director – Place, in consultation with the Director of Legal and Democratic Services and Portfolio Holder for Infrastructure and Environment, to make any necessary changes to the draft CPO, SRO and/or Statement of Reasons arising from further legal advice, design work, negotiation with landowners or affected parties or for any connected reasons in order to enable delivery of the Scheme;

 

7)   Authorise the Director of Legal and Democratic Services in consultation with the Executive Director – Place, to take all necessary steps in connection with the conduct and, if appropriate, settlement of such proceedings, in the event that any question of compensation is referred to the Upper Tribunal (Lands Chamber);

 

8)   Authorise the Director of Legal and Democratic Services to appoint suitable counsel to advise and represent the Council at any Public Inquiry held in respect of the SRO and CPO;

 

9)   Authorise the Executive Director – Place to negotiate with objectors to the CPO and SRO and other landholders impacted by the Scheme to resolve objections to the Scheme, including without limitation, agreeing accommodation works and the acquisition of interests in land to enable the Scheme to proceed and for the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to withdraw any objections raised;

 

10)                Take ownership of land pursuant to the CPO to deliver the Scheme and authorise the Director of Legal and Democratic Services to draw up and execute any such documents as are necessary to the completion of such acquisitions;

 

11)                Authorise the Executive Director – Place to negotiate the compensation and payment of the same to affected landowners in accordance with the Compensation Code; and

 

12)                Authorise the Executive Director – Place to approve payment of relevant and reasonable professional fees incurred by landowners and others with compensatable interests in taking professional advice in connection with the acquisitions of their interests required for the Scheme and related compensation claims and related claims in advancing the development or implementation of the Scheme.