MD1572 London City Airport Compulsory Purchase
This Mayoral Decision asks for the approval of expenditure to allow the Mayor to contest an attempt by London City Airport (LCA) to acquire land, by way of a compulsory purchase order (CPO), owned by GLAP at the Royal Docks, Newham.
That the Executive Director approves expenditure of up to £500,000 in respect of technical and legal support to object to and contest the compulsory purchase order in relation to the London City Airport.
Part 1: Non-confidential facts and advice
1. Introduction and background
LCA has made a CPO and has served papers on GLAP to acquire land owned by GLAP at the Royal Docks, Newham. GLAP have until 2 December to lodge an objection. Officers need to appoint the necessary legal team and technical experts in order to prepare the objection and contest the CPO.
2. Objectives and expected outcomes
To enable preparation for and presentation of a robust case at the forthcoming CPO inquiry.
3. Equality comments
Under section 149 of the Equality Act 2010, in making these decisions “due regard” must be had to the need to eliminate unlawful discrimination, harassment and victimisation as well as to advance equality of opportunity and foster good relations between people who have a protected characteristic and those who do not. This duty has been taken into account, but no additional equality impact assessments are required for the Mayor to make this decision.
4. Financial comments
Approval is being sought for expenditure of up to £500,000 from the corporate contingency budget for TfL CPO team support and legal costs as follows;
• £350,000 to appoint a legal team to object to and contest the CPO expand and present the Mayor’s case at the CPO Inquiry
• £150,000 for TfL CPO team support to manage the CPO process.
As this work involves contracts with consultants, officers will ensure that the requirements of the Authority’s Contracts & Funding Code are adhered to.
Any changes to the proposal, including budgetary implications will be subject to further approval via the Authority’s decision making process. All appropriate budget adjustments will be made.
The TfL CPO team, acting as the GLA’s agent, will be responsible for managing the contracts with consultants in relation to the CPO.
5. Legal comments
As the owner of land within the proposed CPO boundary, GLA/GLAP has the power to contest the CPO pursuant to CPO legislation.
LCA, as promoter of the CPO, must seek to negotiate privately with landowners to acquire their land. Accordingly, there will be opportunities for GLA/GLAP review its position as these negotiations take place.
6. Investment & Performance Board
This matter was considered by IPB in October 2015 using the Urgency Procedure and was approved in principle.
|Procurement of legal support||Oct 2015|
|Preparation of objection||Oct 2015|
|Preparation of case||Nov 2015|
|LCA - CPO Inquiry||March 2016 - Oct 2016|