URL: https://sandwell.moderngov.co.uk/ieDecisionDetails.aspx?ID=1093

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To update Cabinet on changes to the previously authority to undertake Compulsory Purchase of a site at Cranford Street, Smethwick and request authority to proceed with a revised scheme.

Content: Resolved:-   (1)  that the updates to the Cranford Street Scheme since the the Cabinet decision of 16 November 2022 (minute 215/22 (1) (a)), including the amendment to the figure of land to be acquired as part of the Cranford Street, Smethwick Compulsory Purchase Order from 1.67 ha to 1.96 ha and shown on the revised plan marked "Map referred to in Borough Council of Sandwell (Cranford Street, Smethwick) Compulsory Purchase Order" as demonstrated in appendix 1 to this report is noted;   (2)  that approval is given to pursue the making of the Compulsory Purchase Order based upon the revised outcomes to the changes to housing numbers arising from the detailed design work;   (3)  that delegated authority is given to the Assistant Director for Legal and Assurance:   (a)  to make a Compulsory Purchase Order under Section 226 (1) of the Town and Country Planning Act 1990 as amended by Section 99 of the Planning and Compulsory Purchase Act 2004, Acquisition of Land Act 1981, and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to be known as The Borough Council of Sandwell (Cranford Street, Smethwick) Compulsory Purchase Order, in respect of approximately 1.96 hectares of land bounded by land to the south of Cranford Street or such lesser land as may be deemed necessary and also including the air space above an area lying to the north and south of the development during the construction as demonstrated in appendix 1;   (b)  to use the Council’s Compulsory Purchase powers to acquire land and property required for the Grove Lane Towns Fund project at Cranford Street, Smethwick;   (c)   to take all necessary action to secure the making, confirmation and implementation of the Compulsory Purchase Order; and, if objections are received to the Compulsory Purchase Order, to make arrangements for public inquiries, including instructing external Counsel and Consultants to assist in the preparing of evidence and the presentation of the Council’s case at any public Inquiry;   (d)  in the event of the Compulsory Purchase Order being unopposed, and the Council thereby being granted powers to do so by the Secretary of State for Housing Communities and Local Government, to confirm the above order and serve all necessary notices to implement the Compulsory Purchase Order, including the issuing of sheriff warrants’   (e)  to prepare and seal the necessary documents in connection with the Compulsory Purchase Order and submit the Compulsory Purchase Order to the Secretary of State for Housing Communities and Local Government to confirm;   (f)    to enter into any licences, undertakings or other agreements to facilitate the Compulsory Purchase Order, on terms to be agreed by the Executive Director Place;   (g)  in the event of the Compulsory Purchase Order being confirmed by the Secretary of State for Housing Communities and Local Government, to serve all necessary notices to implement the powers of compulsory acquisition, including the making of General Vesting Declarations; notices to treat; notices of entry; and to take all other requisite steps to obtain possession of the properties; and, where possession has not been given, to obtain a Sheriff’s Warrant for possession of any lands;   (h)  to acquire the necessary interests in the land and property included in the confirmed Compulsory Purchase Order, on terms to be agreed by the Director Executive Director Place, or as ordered by the Lands Tribunal;   (i)     to enter into, or execute under seal, any documentation in relation to award of the contract and/or development/partnership agreement, licence, undertaking, framework joining agreement and any other agreements with the procured contractor/s as may be deemed necessary to facilitate development of the site, on terms and conditions to be agreed by the Executive Director Place.   (4)  that delegated authority is given to the Executive Director Place to make minor amendments to the (Cranford Street, Smethwick) Compulsory Purchase Order and, more particularly, marked "Map referred to in Borough Council of Sandwell (Cranford Street, Smethwick) Compulsory Purchase Order" prior to it being made and submitted for confirmation;   (5)  that delegated authority is given to the Executive Director Place to continue negotiations and to acquire land and property within the proposed Order lands, on terms to be agreed, in advance of confirmation of the Compulsory Purchase Order by the Secretary of State, and subject to the availability of finances.

Date of Decision: June 25, 2025