That Cabinet recommend
to Council the following:
(i) that delegated authority
be given to the Chief Executive to continue
negotiations with the owners of the various properties
fronting Union Street and Market Street, Torquay and their tenants as edged red in
Appendix 1, and any other land, interests or
rights subsequently required in consultation with
the Cabinet Member for Place Development and Economic
Growth and
Section 151 Officer on any Heads of Terms to enable the
redevelopment and regeneration of Union Square shopping
centre;
(ii) that, having
taken into account the options to acquire the various properties
fronting Union Street and Market Street, Torquay, the making of the
Compulsory Purchase Order for the site be approved in principle
under section 226(1)(a) of the Town and Country Planning Act 1990
and section 13 of the Local Government (Miscellaneous Provisions)
Act 1976, as outlined below, for land (as shown edged in red at
Appendix 1 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 required to cover the acquisition of the land
at various properties fronting Union Street and Market
Street identified red
on the plan attached at Appendix 1 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 redevelopment of the area.