RESOLVED:

A             That Cabinet resolved to make three Compulsory Purchase Orders (the 2022 CPOs) for the acquisition of land, interests and rights (other than those already in the ownership of Clarion Housing Group) over the Order Land shown shaded pink and blue on the Plans attached as Appendix 1 and described more fully in section 3 of each of the draft Statements of Reasons attached as Appendix  2.

B             That Cabinet agreed that the 2022 CPOs shall be, entitled:

                                          I.                “The London Borough of Merton (High Path No1) Compulsory Purchase Order 2022";

                                         II.                "The London Borough of Merton (Eastfields No1) Compulsory Purchase Order 2022"; and

                                       III.                "The London Borough of Merton (Ravensbury No1) Compulsory Purchase Order 2022".

C             That Cabinet agreed that there is a compelling case in the public interest to justify the making of the 2022 CPOs to include specific interests that must be acquired to facilitate the redevelopment of the High Path Estate, the Eastfields Estate and Ravensbury Estate (the Estates) as part of the Merton Estates Regeneration Programme, for the reasons detailed in this Report and the draft Statements of Reasons.

D             That Cabinet delegated to the Director of Environment and Regeneration the power to effect the making, confirming and implementation of the 2022 CPOs and to take all necessary steps to give effect to the 2022 CPOs in respect of the Order Land, but not limited to, the following procedural steps:

                                          I.                making such amendments and additions to the draft Statements of Reasons as deemed necessary to properly reflect the Council's position regarding the proposed 2022 CPOs so as to properly present the Council's case;

                                         II.                making such amendments and additions to the Plans attached at Appendix 1 as deemed necessary to properly enable construction of phases 2 and 3 of High Path, phase 1 of Eastfields and phases 2 to 4 of Ravensbury;

                                       III.                making the 2022 CPOs, the publication and service of any press, site and individual notices and other correspondence for such making;

                                       IV.                monitoring of negotiated agreements with landowners or statutory undertakers as applicable, setting out the terms for withdrawal of any objections to the 2022 CPOs, including where appropriate seeking exclusion of land or new rights from the 2022 CPOs;

                                        V.                seeking confirmation of the 2022 CPOs by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981), including the preparation and presentation of the Council’s case at any Public Inquiry which may be necessary;

                                       VI.                publication and service of notices of confirmation of the 2022 CPOs and thereafter to execute and serve any General Vesting Declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area;

                                     VII.                acquiring title to and / or taking possession of the Order Land;

                                    VIII.                transferring the title of the acquired land to Clarion Housing Group;

                                       IX.                paying all costs associated with making the 2022 CPO, including the compensation payable to owners , noting that those costs will be reimbursed to the Council by Clarion;

                                        X.                referral and conduct of disputes, relating to compulsory purchase compensation, at the Upper Tribunal (Lands Chamber); and

                                       XI.                dealing  with any matter relating to the implementation of the CPO Indemnity Agreement dated 7 February 2019 (and any subsequent amendments) including all financial checks with Clarion Housing Group and approval of the budget in relation thereto, and to agree amendments as necessary with Clarion Housing Group.

E             That Cabinet agreed that the public interest in enabling the development of the Eastfields, High Path and Ravensbury Estates to proceed outweighs the interference with relevant rights under the European Convention on Human Rights as discussed at section 22 of this report.

Cabinet also noted:

F        It has been considered that compulsory acquisition would be necessary so that Merton Estates Regeneration Programme, can be delivered and achieve the following:

·                              Comprehensive regeneration of two housing estates (Eastfield and High Path) and partial regeneration of another (Ravensbury) (together the Estates);

·                              a significant contribution towards the Council's target for new homes over the coming years;

·                              the replacement of poor quality and outdated housing stock with modern, high quality accommodation;

·                              creation of new and distinct character neighbourhoods with public spaces, amenities and commercial and retail opportunities; and

·                              economic and employment benefits for the Council.