John Smales, Development Team Manager, to report.
- to consider Compulsory Purchase.
Minutes:
Consideration was given to a report, jointly presented by the Development Surveyor and the Solicitor, relating to the progress of the comprehensive redevelopment of the Bellows Road Shopping Centre in Rawmarsh.
The report set out justification for the use of Compulsory Purchase Powers (CPO) to facilitate the redevelopment of this site in the public interest. The exact boundary of the site/property under consideration was illustrated in red on the plan attached at Appendix 1 to the report.
Appendix 2 to the report detailed the history of proposed schemes for this site since 1996. The current impass position, following the most recent negotiations, was also reported.
Reference was made to the Council’s valuation (verified by both the District Valuer and DTZ) and the case for the making of a Compulsory Purchase Order was made.
Details of the cost of the CPO and site acquisition were set out in the submitted report, together with information about support for the scheme from Housing Market Renewal Pathfinder up to March 2011 and allocation from the Council’s Capital Programme.
Reference was made to the risks and uncertainties, and to the complexity and length of the CPO process.
Resolved:- (1) That approval is given to the making of a Compulsory Purchase Order pursuant to the provisions of Section 226(1)(a) of the Town & Country Planning Act 1990 ("TCPA") (as amended by the Planning and Compulsory Purchase Act 2004), the Acquisition of Land Act 1981 and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (if necessary) and Section 20 of the Compulsory Purchase Act 1965 and having regard to the Human Rights Act 1998. Such Order to be entitled “Rotherham Metropolitan Borough Council (Bellows Road Shopping Centre Redevelopment) Compulsory Purchase Order 2009” and to authorise the acquisition of land and interests affecting the land shown edged and shaded red on the plan now submitted as Appendix 1 (the “Order Land”), in order to achieve delivery of this key regeneration scheme for the Rawmarsh area and the wider regeneration objectives of economic, social and environmental benefits which it will deliver to the Borough.
(2) That the Head of Legal and
Democratic Services be authorised to advertise the making of the
Order and to take all relevant action to facilitate the promotion
and confirmation of the Order including all necessary evidence in
support of the Council’s case at any resulting public
inquiry.
(3) That the Head of Legal and Democratic Services be authorised, upon the Order having been confirmed and become operative, to execute General Vesting Declarations or, at his discretion, to serve Notices to Treat under Section 5 of the Compulsory Purchase Act 1965 and where necessary to serve Notices of Entry under Section 11 of the same Act or Section 20 Notices in respect of the Order Land.
(4) That the Strategic Director of
Environment & Development Services be authorised to negotiate
with interested parties with a view to agreeing terms for the
purchase by agreement or payment of compensation for any of the
interests or rights included in the Order and where appropriate to
agree relocations and that he be further authorised to complete
terms for relocation, acquisition of such property interest and
rights.
(5) That if the question of compensation be referred to the Lands Tribunal, that the Strategic Director of Environment & Development Services be authorised to take all necessary steps in relation thereto including advising on the appropriate uses and compensation payable.