Decision details

(Cabinet Member with Special Responsibility Councillor Abbott Bryning)

Mark Cullinan, Chief Executive, declared an interest in this matter. 

The Head of Planning Services submitted a report advising Cabinet that subsequent to the City Council’s compulsory purchase of land certain compensation claims from third parties would now likely be settled at the Lands Tribunal and this report sought decisions from Cabinet on how Officers were authorised and resourced to proceed. 

The options, options analysis, including risk assessment were set out in the report as follows:

The Council has no real options. It has a duty to make its strongest possible cases at Lands Tribunal. To not do so increases financial risks to the Council.  It is considered that this can be achieved via officers taking a project team approach resourced from both in-house capacities and with specialist external legal and other support as deemed necessary.  Officers consider this option will require the Council to make an additional budget provision of £200,000 available for the regeneration project. 

It was moved by Councillor Abbott Bryning and seconded by Councillor John Gilbert:-

“That the recommendations, as set out in the report, be approved.” 

Members then voted as follows.

Resolved Unanimously:

(1)   That the Head of Planning Services be authorised to assemble a project team to prepare and make the Council’s cases at Lands Tribunal in respect of compensation claims made. 

(2)   That the provisional transfer of any additional Local Authority Business Growth Incentive grant into the Capital Support Reserve be approved, to fund external professional support costs for Luneside up to a maximum of £200K and any ‘Calderbank’ offer in connection with recommendation (3) below, subject to the transfer being considered in more detail as part of the 2007/08 outturn, to be reported to Cabinet at the end of July. 

(3)   That the Corporate Director (Regeneration) be authorised, in consultation with the Head of Financial Services and Legal Services Manager, to make any “Calderbank” offer if this is considered to be a prudent action in seeking to mitigate risks to the Council and its costs. 

(4)   That the proposed arrangements for the procurement of any external professional support required, on the grounds of urgency be noted. 

(5)   That, in view of the fact that the decision is required urgently in order that the Council can begin to prepare for the Lands Tribunal, the Chief Executive be requested to waive the call in procedure in accordance with overview and Scrutiny Procedure Rule 17 (a) to enable immediate implementation. 

Officers responsible for effecting the decision:

Chief Executive. 

Corporate Director (Regeneration). 

Head of Financial Services.

Head of Planning Services. 

Reason for making the decision:

The City Council must ensure that it defends robustly its valuations as sustained throughout the CPO process and it is essential that an appropriate professional team is established to represent the Council at the lands Tribunal.  To not do so increases financial risks to the City Council.  It is considered that this can be achieved via Officers taking a project team approach resourced from both in-house capacities and with specialist external legal and other support as deemed necessary.  This decision will require the Council to make an additional budget provision of £200,000 available for the regeneration project.

MINUTES PUBLISHED ON: FRIDAY, 6^TH JUNE, 2008. 

EFFECTIVE DATE FOR IMPLEMENTING THE DECISIONS CONTAINED IN THESE MINUTES: MONDAY, 16^TH JUNE, 2008.