Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations:

That Cabinet:

1.    Authorise the Council in the making of a CPO for the land shown coloured pink and edged red (“the Order Land”) on the plan contained at Appendix 1 under section 226(1)(a) of the Town and Country Planning Act 1990 because it thinks that:

a.    The acquisition will facilitate the carrying out of the development, redevelopment, or improvement (including regeneration) on or in relation to the Order Land; and

b.    The development, redevelopment or improvement is likely to contribute to the achievement of the economic, social or environmental well-being of the Council’s area.

2.    Authorise the Council in acquiring new rights under section 13 Local Government (Miscellaneous Provisions) Act 1976 in respect of the land shown shaded in blue on the plan contained at Appendix 1 to facilitate the development, redevelopment, or improvement on or in relation to the Site.

3.    Authorise in principle and subject to the confirmation of the CPO the appropriation of the land within the scheme to a planning purpose (to the extent that it is not so held already) to allow the redevelopment of the Order Land, pursuant to section 122 Local Government Act 1972;

4.    Authorise the Council’s Property Officer (Delegated to Assistant Director, Properties & Facilities), in consultation with the Cabinet Member for Jobs and the Local Economy and the Assistant Director of Legal Services, to:

a.    Approve terms for the acquisition of legal interests (including new rights) to the extent not already acquired by agreement including for the purposes of resolving any objections to the CPO;

b.    Take all necessary steps to secure the making, confirmation and implementation of the CPO, including, making further amendments by way of finalising the draft Statement of Reason (exempt Appendix 4) the publication and service of all relevant notices and the presentation of the Council’s case at any future local public inquiry;

c.     Consider the outcome of the Equalities Impact Assessment and ensure appropriate steps are taken to meet the Council’s Public sector Equalities Duty.

d.    Take all necessary steps to resolve any compulsory purchase compensation claims, including, if necessary, by way of making (or responding to) a reference to the Upper Tribunal (Lands Chamber);

e.    Subject to 3 above authorise, the Council’s Property Officer and Facilities (following the confirmation of the CPO) to appropriate the land referred to a planning purpose.

Consideration was given to the report which sought Cabinet authority to make and then seek confirmation of a Compulsory Purchase Order (“CPO”) for the acquisition of land and property interests identified on the plan and in the schedule in Appendix 1 and 2 of the report (the Order Land). This was intended to assist in facilitating the redevelopment of the Laughton Road shopping area as per previous Cabinet decisions in August 2023 and July 2024.
 
Since the Cabinet meeting in August 2023, considerable progress had been made in assembling the land and property required to deliver the scheme. However, the Council had yet to reach agreement on the acquisition of 9 remaining plots of land needed for the Scheme. Details of these acquisitions and negotiations relating to the remaining plots were set out in exempt Appendix 2 and 6. In light of the timescales involved in the CPO process, and in accordance with Government guidance, it was now prudent to commence the CPO process in parallel with those negotiations.

The draft Statement of Reasons attached to the report at exempt Appendix 4  set out the full reasons supporting the Council’s use of its CPO powers. In particular, paragraph 6 specifically set out the reasons and paragraph 10, the specific justification for the use of the powers. A full land registry search had been completed and a Land Referencing Schedule compiled at exempt Appendix 3. Negotiations with landowners and other interested parties were on-going and the position with respect to those negotiations was set out in exempt Appendix 2.

Resolved:

          That Cabinet:

1.    Authorise the Council in the making of a CPO for the land shown coloured pink and edged red (“the Order Land”) on the plan contained at Appendix 1 under section 226(1)(a) of the Town and Country Planning Act 1990 because it thinks that:

a.    The acquisition will facilitate the carrying out of the development, redevelopment, or improvement (including regeneration) on or in relation to the Order Land; and

b.    The development, redevelopment or improvement is likely to contribute to the achievement of the economic, social or  environmental well-being of the Council’s area.

2.    Authorise the Council in acquiring new rights under section 13 Local Government (Miscellaneous Provisions) Act 1976 in respect of the land shown shaded in blue on the plan contained at Appendix 1 to facilitate the development, redevelopment, or improvement on or in relation to the Site.

3.    Authorise in principle and subject to the confirmation of the CPO the appropriation of the land within the scheme to a planning purpose (to the extent that it is not so held already) to allow the redevelopment of the Order Land, pursuant to section 122 Local Government Act 1972;

4.    Authorise the Council’s Property Officer (Delegated to Assistant Director, Properties & Facilities), in consultation with the Cabinet Member for Jobs and the Local Economy and the Assistant Director of Legal Services, to:

a.    Approve terms for the acquisition of legal interests (including new rights) to the extent not already acquired by agreement including for the purposes of resolving any objections to the CPO;

b.    Take all necessary steps to secure the making, confirmation and implementation of the CPO, including, making further amendments by way of finalising the draft Statement of Reason (exempt Appendix 4) the publication and service of all relevant notices and the presentation of the Council’s case at any future local public inquiry;

c.     Consider the outcome of the Equalities Impact Assessment and ensure appropriate steps are taken to meet the Council’s Public sector Equalities Duty.

d.    Take all necessary steps to resolve any compulsory purchase compensation claims, including, if necessary, by way of making (or responding to) a reference to the Upper Tribunal (Lands Chamber);

e.    Subject to 3 above authorise, the Council’s Property Officer and Facilities (following the confirmation of the CPO) to appropriate the land referred to a planning purpose.