Councillor Adrian Jones introduced a report by the Head of Universal and Infrastructure Services that informed that the Wirral Borough Council (Grange Road, Birkenhead) Compulsory Purchase Order 2008 (CPO) had been confirmed with modifications by the Secretary of State on 28 July 2008 and all outstanding legal interests had been vested in the Council on 8 December 2009.

The Council had invoked its compulsory purchase powers in support of a private sector redevelopment to facilitate the new Asda supermarket fronting Grange Road, Birkenhead. 

The Cabinet was informed that there was an outstanding claim following the making of the CPO, which related to the relocation of B & M Retail Limited from 238 Grange Road to 117-127 Claughton Road.  This was a disturbance claim relating to relocation costs and alleged permanent loss of profits as a consequence of the move.  This claim was due to be considered by the Upper Tribunal (formerly the Lands Tribunal) following B & M’s application to the Tribunal for the matter to be determined at Tribunal. 

RESOLVED: That:

(1)  the Cabinet authorises the Director of Universal and Infrastructure Services to appoint appropriate Counsel and an expert witness (or expert witnesses) and a mediator if necessary to represent the Council at the Upper Tribunal as an exception to the Council’s Contract Procedure Rules;

(2)  the Director of Universal and Infrastructure Services, or his representative, be authorised to negotiate and settle any compensation payment arising from B&M’s application to the Upper Tribunal; and

(3)  it be noted that any costs associated with the application to the Upper Tribunal on this matter, including any compensation payments payable to the B & M, will be met by Pochin.