To consider a report on the above. 

(Note: This report contains exempt appendices which will be circulated separately.)

The Council considered a proposal to progress the acquisition/compulsory purchase of land at Crossways, Paignton, to facilitate regeneration of the site for mixed use with retail units and extra-care residential accommodation, as set out in the submitted report.

Councillor Long proposed and Councillor Chris Lewis seconded a motion, which was agreed (unanimously) by the Council as set out below:

(i)         that delegated authority be given to the Chief Executive to continue negotiations with Gaeilic Investment and their tenants, to acquire by agreement the land at Crossways identified red and blue on the plans attached at exempt Appendix 2 to the submitted report, and any other land, interests or rights subsequently required in consultation with the Cabinet Member for Economic Development, Tourism and Housing and Section 151 Officer on any Heads of Terms;

(ii)        that, having taken into account the options to acquire the Crossways Shopping Centre, Paignton, the making of the Compulsory Purchase Order for the site be approved under section 226(1)(a) of the Town and Country Planning Act 1990, as outlined below, for land (as shown edged in red and blue on the plans attached at exempt Appendix 2 to the submitted report) and any other land, interests or rights subsequently required to deliver the redevelopment. The Chief Executive be given delegated authority to give effect to this decision, including:

(a)       the taking of all necessary steps required to secure the making of the CPO and for the subsequent confirmation and implementation of the CPO including the publication and service of all notices, statement of reasons and presentation of the Council's case at public inquiry, if necessary, to secure confirmation of the Compulsory Purchase Order by the Secretary of State;

(b)       to carry out any surveys on the Order Land and enter as may be required in order to deliver the proposed development by Compulsory Purchase Order(s) which the Council is authorised to carry out either by consent of the relevant landowner or under section 172 to 179 of the Housing and Planning Act 2016;

(c)       to enter into agreement(s) with any person or body to secure the withdrawal of objections to the Compulsory Purchase Order(s) and/or to negotiate and agree terms for the acquisition by agreement of any land, interests or rights as may be required for the scheme; and

(d)       to pay all necessary compensation either as agreed or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land and other interests or for the overriding or acquisition of rights.

(iii)       that Council delegate to the Chief Finance Officer the approval of the expenditure of monies (including by prudential borrowing if necessary) required to cover the acquisition of the land at Crossways identified red and blue on the plan attached at exempt Appendix 2 to the submitted report, and any land, interests or rights as may be required for the scheme, either by agreement or by CPO, on the basis that there continues to be a clear business case for the provision of mixed use with retail units and extra-care residential accommodation, which demonstrates how the monies are to be used, and how any prudential borrowing (if necessary) is to be repaid;

(iv)      that, once the land identified red and blue on the plan attached at exempt Appendix 2 to the submitted report has been acquired either by negotiation or via a CPO, Council approve the disposal of this land to the Council’s Housing Company at Nil Value in return for nomination rights under the Local Government Act 1972: General Disposal Consent 2003;  and

(v)       that Council approve Prudential borrowing of up to £11million in order deliver the Project, and authorise a loan for a capital purpose to the Housing Company, with the terms of the loan to be delegated to the Chief Finance Officer in consultation with the Cabinet Member for Finance, on the basis that there continues to be a viable business case for the redevelopment of Crossways, Paignton. 

(Note 1:  Prior to consideration of Minute 65:  Councillor O’Dwyer declared his pecuniary interest and left the meeting;  and Councillor Loxton declared his non-pecuniary interest as detailed in Minute 58 above, took part in debate and voted on the item.)

(Note 2:  During consideration of Minute 65, Councillor Sykes left the meeting.)