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Issue - meetings

New Barnsbury Estate; disposal of freehold land and release of restrictive covenant to support redevelopment

Meeting: 20/04/2023 - Executive (Item 97)

97 New Barnsbury Estate; disposal of freehold land and release of restrictive covenant to support redevelopment pdf icon PDF 204 KB

Additional documents:

Decision:

AGREED RECOMMENDATIONS

 

Reasons for the decision – as detailed in the report

Other options considered – none

Conflicts of interest / dispensations granted – none

Minutes:

RESOLVED:

(a) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive Member for Finance, Planning and Performance, to authorise the transfers of land and leasehold interests at the New Barnsbury Estate, as identified edged yellow on the plan attached at Appendix 1 to the report of the Executive Member for Finance, Planning and Performance, to Newlon as appropriate to enable development delivery.

(b) To note, subject to certain conditions, that the Council will enter into the Deeds of Release to remove the restrictive covenant in respect of development.

(c) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive Member for Finance, Planning and Performance, to authorise entering into the transactions and other documentation in respect of acquisition and/or appropriation for planning purposes, related to rights of light and all and any other rights, to support the development including any required acquisition and disposal of land interests and other related matters. A plan of the properties with rights potentially impacted by development and appropriation were detailed in Appendix 2. In order to appropriate, the Council needed to have an interest in land to satisfy the legal requirements set down in the relevant sections of law and as such would need to acquire a relevant interest from Newlon accordingly, disposing of that interest back to Newlon shortly thereafter, enabling the implementation of appropriation.

(d) To authorise the Corporate Director for Community Wealth Building, following consultation with the Executive member for Housing and Development, and subject to the prior completion of a compulsory purchase indemnity agreement with Newlon Housing Trust, to approve the making of one or more Compulsory Purchase Orders (CPO) under sections 226(1)(a) and 226(3)(a) of the Town and Country Planning Act 1990, section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and any other power as relevant to ensure that all necessary interests in (and rights over, including new rights) the Order Land, (being that land edged red on the Plan at Appendix 3 and that land shown for the acquisition of new rights on the Plan at Appendix 4, or such other version of the Order Map as the Director of Law and Governance may approve provided that such version does not include any additional land to that currently shown), can be compulsorily acquired.

(e) That, where the Corporate Director of Community Wealth Building approves the making of a CPO, to authorise the Director of Law and Governance to take all necessary steps to secure the making, confirmation, and implementation of that CPO, including (but not limited to):

i) The preparation, submission and exchange of all necessary documents required before and during the CPO process, including if necessary any applications for certificates required pursuant to section 19 or Schedule 3 to the Acquisition of Land Act 1981.

ii) Compliance with all procedural requirements.

iii) The entering into of agreements or giving undertakings to with any objectors or those with an interest in the land to facilitate the  ...  view the full minutes text for item 97