Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

2.1.3 not to accept or admit any Blight Notice unless the Developer agrees2.2 In relation to Blight Notices the policy agreed between the Parties is:2.2.1 to acquire the CPO Lands on reasonable terms without having to haverecourse to the implementation of the CPO at an appropriate time to enable theregeneration objectives to be achieved;2.2.2 to the extent that a Blight Notice can be properly be objected to it will beobjected to unless the Parties agree otherwise or in the event of a disagreementLeading Counsel advises prior to five (5) Working Days before the expiry of thetimescale to serve a counter-notice required by the relevant Act that to do so wouldmaterially prejudice the obtaining of confirmation of the CPO;2.2.3 the Council shall refer the claimant to the Developer who shall seek tonegotiate the purchase of the CPO Interest under the Compensation Code;2.2.4 if a Blight Notice is accepted but the Developer is not able to negotiate thepurchase of the relevant CPO Interest the Council shall include that interest in anysubsequent General Vesting Declaration; and2.2.5 if a Blight Notice is to be objected to then the Council shall serve a counternoticeand take all steps as are necessary from time-to-time to maintain a validobjection2.3 The Parties shall seek to agree the course of action to be adopted in relation to eachBlight Notice and once agreed the Developer and Council shall pursue it and anydisagreement (except in relation to the level of compensation payable (if any)) shallbe referred to Leading Counsel for their recommendation, which shall be followedunless it conflicts or is inconsistent with the Parties obligations under the Agreementor imposes additional liabilities on a Party which they are not obliged to accept orthey decline to accept2.4 The Council shall:2.4.1 if it is not reasonably satisfied that the Developer is actively pursuingnegotiations for the purchase of a CPO Interest at a reasonable cost serve notice onthe Developer of its concerns before the Council itself enters into negotiations withthe owner of the CPO Interest2.4.2 in addition to any other obligation under this Agreement, consult with theDeveloper whenever required to do so by the Developer and to take into account allrepresentations made by the Developer as to how to progress and conduct the courseof action and in relation to all submission and any evidence to be submitted to theUpper Tribunal (Lands Chamber);2.4.3 supply to the Developer all relevant advice, opinions, documentation,correspondence and reports received or issued by the Council in respect any actual orproposed course of action;L1.040-CPO-CPOIA.v2.229Page 112