Agenda item

A report was presented which outlined steps required to make a Compulsory Purchase Order to acquire land and property interests at the ‘Klondyke’ allotments site in Groby. Members welcomed the report and recommended action. It was moved by Councillor Bray, seconded by Councillor Bill, and unanimously

RESOLVED –

(i)         the making of the Hinckley Bosworth Borough Council (Klondyke Allotments) Compulsory Purchase Order 2013 (once the final form has been settled in accordance with the delegated authority set out below) be approved and submitted to the Secretary of State for confirmation;

(ii)        authority be delegated to the Chief Executive as follows:

(a)        pursuant to the provisions  of Sections 226(1)(b) of the Town and Country Planning Act 1990 (as amended), section 13 of the Local Government (Miscellaneous Provisions) Act 1976, the Acquisition of Land Act 1981 and all other relevant powers and provisions the Chief Executive, in consultation with the Chief Officer Corporate Governance and Customer Engagement and any other appropriate officer, be authorised to make, seal and submit to the Secretary of State for confirmation, an order entitled “The Borough of Hinckley and Bosworth (Klondyke Allotments) Compulsory Purchase Order 2013” (“the Order”) to acquire land and other interests in respect of the land shown coloured pink on the plan at Appendix 1 to this report (“the Land”) referred to as “Map referred to in the Hinckley & Bosworth Borough Council (Klondyke Allotments) Compulsory Purchase Order 2013" or in respect of such lesser areas of that land should he consider it appropriate;

(b)        to agree and adopt a Statement of Reasons (a draft of which is attached at Appendix 2 to the report) which may be subject to minor amendment(s) as required until the time the Order is made for the making of the Order in order to promote the proper planning purpose of the site;

(c)        to publish and serve upon all persons entitled thereto the Notice of the making of the Order and to authorise publication of the Order and to take all other necessary steps to enable the Order to be confirmed by the Secretary of State;

(d)        that in the event the Order is confirmed by the Secretary of State, to serve Notices to Treat under Section 5 of the Compulsory Purchase Act 1965 and, where necessary, to serve Notices of Entry under Section 11 of the Compulsory Purchase Act 1965 in respect of the Land, or at his discretion to execute a General Vesting Declaration and in any event to take all steps considered necessary to obtain possession of the land included in the Order;

(e)        (i)         to continue to negotiate and attempt to negotiate with a view to agreeing terms for purchase by agreement or payment of compensation for any interests in or rights over the Land;

(ii)        where considered appropriate, to agree terms for relocation;

(iii)       if considered appropriate, to appoint specialist external consultants to perform or assist in the performance of these tasks; and

(iv)       in the event that such terms are not agreed and following confirmation of the Order, to refer those matters where no agreement has been reached to the Lands Tribunal for determination.

(f)         To delegate authority to the Chief Executive to enter negotiations with Midland Quarry Products Ltd in order to agree the terms of a Compulsory Purchase Order Indemnity Agreement to contribute to the cost of the compulsory purchase and remediation of the Land.

Councillors Bessant and Ladkin were absent during this item and the vote thereon.