Issue - meetings

To consider the report of the Director of City Development.

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;  ...  view the full decision text for item 74

The Executive received the report on the residential led redevelopment of the Water Lane area as one of the Liveable Exeter aspirations. Exeter City Council had been approached by the Water Lane Development Management Company as one of the major land promoters in the area to consider using a Compulsory Purchase Order Indemnity Agreement (CPOIA) to assemble two strategic land parcels needed for accessing the Water Lane site to enable redevelopment for a residential led mixed use waterside development which aligned with Liveable Exeter principles.

The report requested CPO powers to acquire and simultaneously dispose of land and properties to the land promoter on regeneration grounds, whilst also agreeing the principle of dedicating to Highways or disposing the northern tip of the Council’s Exton Road Depot Material Recycling Facility.

Particular reference was made to:-

·         the report was seeking approval to potentially use CPO powers to dedicate a small piece of land with limited operational value to assist in the regeneration of Water Lane;

·         the Council was working with the Water Lane Development Management Company to deliver new infrastructure to create a new access solution to the area centred around a reduced car neighbourhood;

·         the disposal of the land, would create a new access route into the regeneration area, including improvements to the Willeys Avenue/ Water Lane junction, re-alignment of Tan Lane and the creation of a new service road. This would also enable Water Lane being converted into a pedestrian boulevard; and

·         Water Lane was a complex site and was one of the Councils tools to work with the developer to open the site, which required a strategic approach, with limited financial or legal risk to the Council.

The Leader referred to the Equality Impact Assessment in relation to use of the CPO for Casting House, and what assurance could be provided, that discussions with tenants would take place and that there would be no forced removal.

The Director of City Development advised that the use of the CPO would be a last resort and due care would be taken throughout the process to ensure that Water Lane Development Management were doing everything possible to protect tenants, ensuring they were well informed and dealt with in a considered way.

Councillor Jobson, as an opposition group leader, had submitted questions, which were tabled at the meeting and appended to the minutes.

During the discussion the following points were made:-

·         It was important to have due diligence in regards to the tenants and Housing and Lettings Officers could provide support to the tenants in finding new accommodation; and

·         the report showed that the Council was not buying the whole site and were only facilitating a section of the land for the regeneration work.

In response to a Members question, the Director of City Development explained that the land would be dedicated to Devon County Council (DCC) to become a highway. Consultation work with DCC Highways had been taken throughout the process and they were fully supportive of the proposed plans for the  ...  view the full minutes text for item 74