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Executive (I)
Friday, 20th December, 2013

REPORT TO:10
DECISION NUMBER:PH/132/2013
EARLIEST DATE FOR DECISION:20th December 2013

FINAL PAYMENT UNDER COMPULSORY PURCHASE - TALBOT GATEWAY - J C DECAUX
Matter for Consideration:
To consider a request for full payment under Section 52 of the Land Compensation Act 1973.
Information:
The Blackpool Borough Council (Talbot Gateway) Compulsory Purchase Order 2011 provides for any of the affected owner / occupier who is in receipt of a General Vesting Declaration to make a claim for compensation as a result of losing their property.

As a result of a General Vesting Declaration being made and Notice to Treat being served on JC Decaux UK Ltd, a claim for compensation was received on the 24th February 2012.

Under Cabinet Member Decision PH67/2012 it was reported that the Council's appointed agents, Keppie Massie, had reached a provisional agreement with JC Decaux's agent.

The agent upon reporting to JC Decaux found the basis of the claim as presented did not match JC Decaux's record and promptly withdrawn the claim and substituted a new claim.

A full and final settlement has now been agreed amounting to £22,817.77. The agent's claim for professional fees and legal costs in included in the agreed settlement sum.

Under Cabinet Member Decision PH 53/2012, approval was given for an Advance Payment in the sum of £9,477.23 being 90% of the estimated figure of £10,530.26. This claim is therefore for the additional £13,340.54.

Does the information submitted include any exempt information?NO
Legal Considerations:
The claims are in accordance with the Land Compensation Act 1973.
Personnel Considerations:
None
Financial Considerations:
The Supplementary Development Agreement with Muse provides for the Council to fund the new offices and the acquisition of this interest is within the identified Compulsory Purchase Order costs, as part of the Central Business District - New Office Development Budget.
Performance Management Considerations:
None
Risk Management Considerations:
None
Relevant Officer:
Steve Thompson, Assistant Chief Executive- Treasurer Services
Relevant Cabinet Member:
Councillor S. Blackburn
Consultation Undertaken:
None
Background Papers:
None
Is this a key decision?NO
Is the decision required in less than 5 days?NO
Recommendations:
To make a Full and Final Settlement under section 52 of the Land Compensation Act 1973 with J C Decaux UK Ltd in the sum of £22,817.77 having deducted any Advance Payment already authorised and paid. The amount therefore to be paid on this occasion being £13,340.54.
Reasons for Recommendations:
A valid claim under section 52 of the Land Compensation Act 1973 has been made, and the advice from external professionals has been received.
Is the recommendation contrary to a plan or strategy adopted or approved by the Council?NO
Is the recommendation in accordance with the Council’s approved Budget?YES
Other alternative options to be considered:
None
Policy, Overview, and Scrutiny Committee Chairman (where appropriate)
Date Informed: N/A
Date Approved: N/A
DECLARATION(S) OF INTEREST (if applicable)
None
Decision:
The Leader of the Council agreed the recommendation as outlined above namely: To make a Full and Final Settlement under section 52 of the Land Compensation Act 1973 with J C Decaux UK Ltd in the sum of £22,817.77 having deducted any Advance Payment already authorised and paid. The amount therefore to be paid on this occasion being £13,340.54.
Date:20th December 2013
Reason for Decision:
A valid claim under section 52 of the Land Compensation Act 1973 has been made, and the advice from external professionals has been received.

Date of Publication:		20th December 2013


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