Resolved – That the following be approved:

(1)  the making of a Compulsory Purchase Order(s)  (“the Order”) under the Town and Country Planning Act 1990, Section 226(1)(a), and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land and new rights in respect of the area identified in the plan and table in an appendix attached to this report to enable the regeneration of New Ferry to be undertaken and the process for the Order shall be subject to following the procedures laid down by the Acquisition of Land Act 1981;

(2)  the draft skeleton Statement of Reasons attached as an appendix to the report, which (in addition to the information in the report) sets out the justification for making the Order;

(3)  the Director of Regeneration and Place in consultation with the Director of Law and Governance be granted delegated authority to:

(a)  finalise the Statement of Reasons; 

(b)  draft the Order Map and Schedule before the making of the Order (if required);

(c)  negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and / or the withdrawal of objections to the Order and / or undertakings not to enforce the Order on specified terms, including (but not limited to) where appropriate seeking the exclusion of land or rights from the Order, making provision for the payment of compensation and / or relocation;

(4)  the Director of Law and Governance be granted delegated authority to:

(a)  take all steps to secure the making, confirmation and implementation of the Order including the publication and service of all notices and the promotion of the Council’s case at any public inquiry;

(b)  in the event the Order is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the Order;

(c)  take all steps in relation to any legal proceedings relating to the Order including defending or settling claims referred to the Upper Tribunal and / or applications to the courts and any appeals;

(5)  that where required to assist in the delivery of the New Ferry Preferred development option and may be appropriated for planning purposes pursuant to the Local Government Act 1972 to enable Section 203 of the Housing and Planning Act 2016 to be utilised to override any third-party rights of land or part thereof; and

(6)  that the Economy, Regeneration and Development Committee be authorised to make all necessary further decisions that are not otherwise delegated to officers,  in relation to the Compulsory Purchase Order and consequential on the Compulsory Purchase Order, including the selection process for and approval of a development partner, the structure of that partnership arrangement whether through a land transaction or otherwise and any related land transactions and settlement of compensation and the engagement of appropriate advisors to advise on compensation for any business interests.