Decision details

Agreed:

RECOMMENDED that Council approve:-

(1)  that the City Surveyor, in consultation with the Leader, Director of City Development and the Director Finance (Section 151 Officer) be granted delegated authority to dedicate part of the Exton Road Depot Material Recycling Facility, as shown on the site boundary plan in Appendix 2 of the report, to Devon County Council for Highways use. Or, if necessary, and subject to the provisions of the subsidy Control Act 2022, dispose of the land (conditional on the underpass improvements works being commenced to adoptable standards) to the Water Lane Development Management Company (or the relevant corporate vehicle), at less than best consideration but at a cost that covers the relocation of stored materials on the disposal site and the construction of an appropriate boundary treatment on the revised boundary line.

(2)  that in the event of a proposed less than best disposal, that the City Surveyor, in consultation with the Leader, (Section 151 Officer) and Director of City Development, be granted delegated authority to assess and, subject to compliance with relevant statutory provisions, agree an undervalue.

RESOLVED that:-

(3)  subject to the S151 Officer, in consultation with the Leader of the Council, being satisfied as to the financial standing of the party/parties providing the indemnity, that the Director of City Development be granted delegated authority to enter into a Compulsory Purchase Order Indemnity Agreement (CPOIA) and if necessary, a development agreement with the land promoter (and any other relevant third party) prior to undertaking any preparatory works in respect of a Compulsory Purchase Order to acquire the third-party proprietary interests identified in Appendix 1 of the report;

(4)  subject to resolution (3), that the Director of City Development be granted authorisation to take all necessary steps to secure the making, submission, confirmation and implementation of a Compulsory Purchase Order to acquire the third-party proprietary interests identified in Appendix 1 of the report;

(5)  the Director of City Development be granted authorisation to issue all relevant notices and certificates in connection with the making, confirmation and implementation of any Compulsory Purchase Order;

(6)  the City Surveyor be granted authorisation to acquire third party proprietary interests by private treaty negotiation;

(7)  the City Surveyor be granted authorisation to dispose of any third party propriety interest acquired pursuant to the Compulsory Purchase Order to WLDMC (or the relevant corporate vehicle) in accordance with terms to be agreed and subject to compliance with relevant statutory provisions;

(8)  the Director of City Development be granted authorisation to make General Vesting Declarations (GVDs) under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or serve notices to treat and notices of entry (if required) following confirmation of a Compulsory Purchase Order by the Secretary of State;

(9)  the Director of City Development be granted authorisation to issue and serve any warrants to obtain possession of property acquired by the Council following the execution of a General Vesting Declarations or service of a notice of entry if it was considered appropriate to do so; and

(10)      the City Surveyor be granted delegated authority to agree the final terms for the disposal of the strip of land at Exton Depot and the final terms of the Compulsory Purchase Order Indemnity Agreement, subject to compliance with relevant statutory provisions.

Reason for Decision: As set out in the report and amended at the meeting.