Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
4.2 The indemnity agreement (see Appendix B for the full text) would besecured through a Corporate Guarantee to be put in place byDevelopment Securities PLC, underwriting OSBL’s obligation to meetall compensation costs including underwriting CPO liabilities arisingfrom the serving of any valid Blight Notices following the Order beingmade.4.3 Development Securities PLC, the provider of the Corporate Guaranteeis listed on the London stock exchange. The group balance sheetincluded within the audited financial statements for the 14 months to29 th February 2012 shows net assets of £313m. Although the groupreported a loss before income tax of £10.2m for the period this wasmainly due to finance costs, retained earnings as at 29 th February 2012were £106m.4.4 Vacant possession of the part of the site owned by Peabody will beachieved through the relocation of residents and services to the LimeGrove Hostel, which will, should agreement be reached, be refurbishedby NHHT with circa £1.2m of funding from OSBL and a budgeted£228k from the Council. The £228k contribution from the Council willbe funded from the supporting people programme and is in additionand separate from the costs indemnified. Should the timing of theworks at Lime Grove slip it will be possible to carry forward this budget.As noted in the main report it is expected that Broadway will managethis facility under its Supporting People contract (currently extended by3 years to November 2015).4.5 Further comments are in the exempt report.5. COMMENTS OF THE DIRECTOR OF LAW5.1 The legal powers to be used by the Council for the compulsoryacquisition of land are contained within section 226 (1) Town andCountry Planning Act 1990 and section 13, Local Government(Miscellaneous Provisions) Act 1976 and the Acquisition of Land 1981for the making of the compulsory purchase order. Compensationpayments made for the acquisition of interests in land and for theacquisition of new rights in land within the compulsory purchase orderor acquired outside the compulsory purchase order area to give effectto and/or implement the order are made in accordance with thecompulsory purchase compensation code pursuant to the LandCompensation Acts 1961 and 1973, the Compulsory Purchase Act1965 and case law.5.2 Section 226(1), Town and Country Planning Act 1990 (as amended)enables the Council (on being authorised by the Secretary of State) toacquire by compulsory purchase any land needed to facilitate thecarrying out of the development, redevelopment or improvement on orin relation to land. The Council must also consider that the specifiedPage 5514
development, redevelopment or improvement is likely to contribute tothe achievement of the promotion or improvement of the economic,social or environmental well being of the area. In deciding whether tomake a CPO using planning powers, the Council would be required todemonstrate that there is sufficient justification for acquiring the landcompulsorily and that there is a completing case for CPO. Theprocedural requirements of the Acquisition of Land Act 1981 will thenapply to the compulsory acquisition.5.3 In addition, the relevant government guidance (Circular 06/2004) statesthat any programme of land assembly must be set within a clearstrategic framework. The framework will need to be founded on anappropriate evidence base. Furthermore, Cabinet when making theCPO will be required to have regard in particular to whether thepurpose for which the land is being acquired fits within the adoptedplanning framework for the area.5.4 Whenever a compulsory purchase order is made, it is necessary tocarry out a “balancing exercise” to judge whether there is a compellingcase in the public interest to make a CPO in view of the interference tothe Human Rights of the individual. The Secretary of State will need tobe satisfied that there is comprehensive justification in the benefit tothe well being of the community gained by the scheme. The impact ofany harm is lessened by the rights of objection and a statutorycompensation regime which includes payments to compensate for theinvoluntary nature of the process.5.5 The acquisition of land designed to facilitate a development that willpromote the economic, social or environmental; well-being of an area isan acceptable use of compulsory purchase powers under the planninglegislationHuman Rights Act 1998 implications5.6 The Act effectively incorporates the European Convention of HumanRights into UK law and requires all public authorities to have regard tothe rights contained within the Convention. When making the decision,Members must therefore have regard to the Convention. The rights thatare of particular significance are those contained in Article 8 (right tohome life) and Article 1 of Protocol 1 (peaceful enjoyment ofpossessions)5.7 Article 8 provides that there should be no interference with theexistence of the right except in accordance with the law and, asnecessary in a democratic society, in the interest of the economic wellbeing of the country, protection of health and protection of the rightsand freedoms of others. Article 1 of the 1 st Protocol provides that nooneshall be deprived of their possessions except in the public interestand subject to the conditions provided for by law although it is qualifiedto the effect that it should not in any way impair the right of a state toPage 5615
- Page 10 and 11: transfer would be premature. The Co
- Page 12 and 13: Barrett informed the Cabinet that d
- Page 14 and 15: 2. That the Cabinet note and consid
- Page 16 and 17: Note of dispensation in respect of
- Page 18 and 19: Alternative options considered and
- Page 20 and 21: Agenda Item 4London Borough of Hamm
- Page 22 and 23: APPENDIX 1 - VIREMENT REQUEST FORMB
- Page 24 and 25: 1. EXECUTIVE SUMMARY1.1 This report
- Page 26 and 27: APPENDIX 1General Fund - Summary Ca
- Page 28 and 29: Finance and Corporate ServicesBudge
- Page 30 and 31: 1. ECONOMIC DEVELOPMENT UPDATE1.1.
- Page 32 and 33: Table 1: Proposed use of Section 10
- Page 34 and 35: 5. RISK MANAGEMENT5.1 The expenditu
- Page 36 and 37: Appendix 19.2 Where Local Authoriti
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- Page 40 and 41: Page 35
- Page 42 and 43: Agenda Item 7London Borough of Hamm
- Page 44 and 45: 3. COSTS3.1 Cabinet approved fundin
- Page 46 and 47: 7. COMMENTS OF THE DIRECTOR OF LAW7
- Page 48 and 49: proposed scheme of development andr
- Page 50 and 51: units and sets out a fully committe
- Page 52 and 53: structure for OSBL to acquire a con
- Page 54 and 55: egeneration site. These interests a
- Page 56 and 57: such indemnity agreement to be back
- Page 58 and 59: all interests. Many of the premises
- Page 62 and 63: enforce such laws as it deems neces
- Page 64 and 65: ead and taken into account in reach
- Page 66 and 67: Appendix ALONDON BOROUGH OF HAMMERS
- Page 68 and 69: interests by agreement but it is cl
- Page 70 and 71: • Former Spring Grove Laundry sit
- Page 72 and 73: 4.9 There is an identified need in
- Page 74 and 75: 5.7 The Mayor of London has support
- Page 76 and 77: development of small shops, market
- Page 78 and 79: Council.9-20 Shepherds Bush Market.
- Page 80 and 81: Traders’ Association, individual
- Page 82 and 83: 8. Human Rights8.1 The Human Rights
- Page 84 and 85: acceptable relocation arrangements
- Page 86 and 87: AnnexDraft form of Undertaking to b
- Page 88 and 89: Appendix BDated:Between:(1) The May
- Page 90 and 91: This Agreement is made this • day
- Page 92 and 93: 4.2 Nothing in this Agreement or im
- Page 94 and 95: Schedule 1Definitions and Interpret
- Page 96 and 97: or land adjoining the CPO Lands, or
- Page 98 and 99: (d) a receiver or manager is appoin
- Page 100 and 101: “Outgoings”“the Parties”“
- Page 102 and 103: Shepherds Bush (no.3) Limited and (
- Page 104 and 105: (h) preparing the map or maps to ac
- Page 106 and 107: 2.16.1 provide to the Party being c
- Page 108 and 109: espect of all or any part of the CP
4.2 The indemnity agreement (see Appendix B for the full text) would besecured through a Corporate Guarantee to be put in place byDevelopment Securities PLC, underwriting OSBL’s obligation to meetall compensation costs including underwriting CPO liabilities arisingfrom the serving of any valid Blight Notices following the Order beingmade.4.3 Development Securities PLC, the provider of the Corporate Guaranteeis listed on the London stock exchange. The group balance sheetincluded within the audited financial statements for the 14 months to29 th February <strong>2012</strong> shows net assets of £313m. Although the groupreported a loss before income tax of £<strong>10</strong>.2m for the period this wasmainly due to finance costs, retained earnings as at 29 th February <strong>2012</strong>were £<strong>10</strong>6m.4.4 Vacant possession of the part of the site owned by Peabody will beachieved through the relocation of residents and services to the LimeGrove Hostel, which will, should agreement be reached, be refurbishedby NHHT with circa £1.2m of funding from OSBL and a budgeted£228k from the Council. The £228k contribution from the Council willbe funded from the supporting people programme and is in additionand separate from the costs indemnified. Should the timing of theworks at Lime Grove slip it will be possible to carry forward this budget.As noted in the main report it is expected that Broadway will managethis facility under its Supporting People contract (currently extended by3 years to November 20<strong>15</strong>).4.5 Further comments are in the exempt report.5. COMMENTS OF THE DIRECTOR OF LAW5.1 The legal powers to be used by the Council for the compulsoryacquisition of land are contained within section 226 (1) Town andCountry Planning Act 1990 and section 13, Local Government(Miscellaneous Provisions) Act 1976 and the Acquisition of Land 1981for the making of the compulsory purchase order. Compensationpayments made for the acquisition of interests in land and for theacquisition of new rights in land within the compulsory purchase orderor acquired outside the compulsory purchase order area to give effectto and/or implement the order are made in accordance with thecompulsory purchase compensation code pursuant to the LandCompensation Acts 1961 and 1973, the Compulsory Purchase Act1965 and case law.5.2 Section 226(1), Town and Country Planning Act 1990 (as amended)enables the Council (on being authorised by the Secretary of State) toacquire by compulsory purchase any land needed to facilitate thecarrying out of the development, redevelopment or improvement on orin relation to land. The Council must also consider that the specifiedPage 5514
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