(i) To approve the principle of the sale of Cumbrian Way Parade to Radian Group.
(ii) To delegate authority to the Executive Director for Neighbourhoods, in consultation with the Solicitor to the Council, Head of Finance and Head of Property and Procurement, to agree the terms of the land sale conditional on planning permission being obtained for the proposed scheme and to make any consequential amendments to the terms of the Council’s Funding Agreement with the Homes and Community Agency (HCA) and specifically to ensure that:
· The intentions of the purchaser with regard to the subsequent redevelopment of the site are consistent with the terms of the Funding Agreement with the HCA such that, as long as the purchaser delivers on those non-binding intentions there would be no repayment to the HCA but if they were not delivered , the financial exposure is limited to the sums received from the HCA in relation to Cumbrian Way.
· The disposal represents best consideration and
· The Council secures vacant possession of the site
(iii) Delegate authority to the Solicitor to the Council to amend, finalise and sign the land disposal documents
(iv) Delegate authority to the Head of Property and Procurement to negotiate and agree the purchase of the parcel of land shown edged red on Appendix 1 (being Cumbrian Way Shopping Parade)
(v) (a) That subject to reasonable attempts to negotiate the acquisition of the parcel of land referred to in paragraph (iv) above having failed, that the Solicitor to the Council be authorised to make a Compulsory Purchase Order to acquire the parcel of land and any necessary rights for the parcel of land at Cumbrian Way Shopping Parade as shown edged red on the map in Appendix 1, being within the Council’s Phase 2 Estate Regeneration Programme, under Section 226(1) (a) Town and Country Planning Act 1990 for the purpose of facilitating the carrying out of redevelopment and improvement of the land.
(b) The Solicitor to the Council be authorised to approve the basis of each Statement of Reasons for making the Compulsory Purchase Order as set out in Appendix 2.
(vi) The Solicitor to the Council be authorised:
a. To make, advertise and secure confirmation and implementation of the Compulsory Purchase Order referred to in paragraph (iv) above.
b. To acquire interests in or rights over the land shown edged red on Appendix 1 either by agreement or compulsorily.
c. To amend the Statements of Reasons referred to in Appendix 2 above as required.
d. To approve agreements with land owners setting out the terms for withdrawal of any objections to any of the Compulsory Purchase Order (to include payment of compensation), including where appropriate seeking exclusion of land from any Order.
e. To represent the Council in any Inquiry into the confirmation of the Compulsory Purchase Order.
f. To approve (once vacant possession and planning permission has been obtained) the service of a Final Demolition Notice and the demolition of the buildings and structures on the land edged red in Appendix 1.