COUNCIL to use Special Urgency Procedure for acquisition of land and property and for funding of up to £750,000 to support the acquisition

COUNCIL to use Special Urgency Procedure for acquisition of land and property and for funding of up to £750,000 to support the acquisition from the Housing Revenue Account (HRA) Capital Programme for 2015/16

void homes cost money 2013

A updated version of the agenda. This includes a further report added – Item 11. The inclusion of the report had been agreed by the Chair of Overview and Scrutiny under ‘Special Urgency’ for reasons stated in the letter contained at the link below:

Cabinet
Wednesday, 4 March 2015 6:00 pm

 

 

Dear Councillor Lane,

 

Use of the Special Urgency Procedure

 

I am writing to notify you that Cabinet intends to consider a Key Decision at its meeting on 4th March that will not have been publicised for 28 clear days in advance of it being made, in accordance with the requirements of Regulation 9 of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

 

The Key Decision in question is to:

 

seek the authority of Cabinet to the principle of the acquisition of land and property in Northampton to bring forward additional housing

 

for Cabinet to delegate to the Director of Regeneration, Enterprise and Planning the power to approve the terms of the acquisition in consultation with the Cabinet Member for Regeneration, Enterprsie and Panning; and for Cabinet to approve the inclusion in the Council’s Housing Revenue Account (HRA) Capital Programme for 2015/16 of funding of up to £750,000 to support the acquisition.

 

 

Regulation 11 states that where the date by which a Key Decision must be made, makes compliance with Regulation 10 (general exception process) impracticable, the decision may only be made where the decision maker has obtained agreement from the Chair of the Overview and Scrutiny Committee that the making of the decision is urgent and cannot reasonably be deferred.

 

(The general exception process requires that where the publication of the intention to make a Key Decision under Regulation 9 is impracticable, that decision may only be made where the proper officer has informed the Chairman of the Overview and Scrutiny Committee by notice in writing, of the matter about which the decision is to be made. The Key Decision may then only be made after 5 clear days have elapsed following the publication of the notice given to the Chair of Overview and Scrutiny).

 

It would be impracticable to follow the general exception process in relation to this Key Decision.   The making of this decision is urgent and cannot reasonably be deferred because the negotiations have accelerated to the point that a provisional offer to purchase the property has been accepted by the owner and if the matter is not progressed imminently, an opportunity to make the strategic purchase is likely to be lost.

 

If you are in agreement that the making of this Key Decision is urgent and cannot reasonably be deferred, I would be grateful if you could sign and date one copy of this letter and return it to me as soon as possible. I will then refer your agreement to the Cabinet.

 

If you have any queries about this anticipated decision or you need further explanation about how the procedure outlined above works, please contact me and I shall be happy to help.

 

Yours sincerely,

 

FRANCIS FERNANDES

Borough Secretary and

Monitoring Officer

 

 

Link of Agenda Item:

 

http://www.northamptonboroughcouncil.com/councillors/documents/s46294/Strategic%20Acquisition%20ofLand%20Buildings%204th%20March%202015%20Public%20docx.pdf

 

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2 Responses to COUNCIL to use Special Urgency Procedure for acquisition of land and property and for funding of up to £750,000 to support the acquisition

  1. PLEASE NOTE: Post cabinet meeting the decisions taken are:-
    Decision:
    2.1 Cabinet approved the principle of the acquisition by this Council of the freehold interest in the property in Northampton to bring forward additional housing.

    2.2 Cabinet delegated to the Director of Regeneration Enterprise and Planning the power to approve suitable terms of the acquisition in consultation with the Cabinet Member for Regeneration Enterprise and Planning subject to full due diligence

    2.3 Cabinet approved the inclusion in the Council’s Housing Revenue Account (HRA) Capital Programme for 2015/16 of funding up to £750,000 to support the acquisition subject to further investigation, due diligence and production of the business case.

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