Issue - decisions

(R&E) Compulsory Purchase of 3-7 Corporation Street

13/02/2023 - Compulsory Purchase of 3-7 Corporation Street

RECORD OF OFFICER EXECUTIVE DECISION

 

 

Date of Decision:

 

30th March, 2023

Decision Maker:

(Including Job Title)

 

Simon Moss, Assistant Director of Planning, Regeneration and Transport

Specific Delegation:

(If any)

 

Cabinet authorised the Assistant Director of Regeneration, Planning and Transport in consultation with the Cabinet Member for Jobs and the Local Economy and the Head of Legal Services to affect the making, confirmation, and implementation of the CPO in respect of 3-7 Corporation Street.

 

Brief Description of Decision:

 

 

Make and serve the Order on the landowners and other interested parties, publish a legal Notice in the local press and on site, and provide details of the CPO on the Council website and in Riverside House library.

 

Reasons for the Decision:

 

 

This decision relates to the Compulsory Purchase Order (CPO) for the acquisition of 3-7 Corporation Street, Rotherham (the Order Land), comprising two derelict, fire damaged buildings, formerly a nightclub/bar and a restaurant. The present owners have proven to be unwilling or unable to bring forward the Order Land’s redevelopment.

 

Negotiations with the landowner’s agent are currently stalled. The owner has recently passed and his Estate (including 3-7 Corporation Street) is now going through probate.  As a result, the Council now needs to make the Compulsory Purchase Order in order to secure this property and its redevelopment.   

 

Details of alternative options considered and rejected:

 

Four options were outlined in the 23 January 2023 Cabinet report and the commentary on each of these options remains valid.

         Option1 – Do nothing

         Option 2 – Support the landowner through grant funding to bring forward a scheme

         Option 3 – Acquire by negotiation, demolish and redevelop

         Option 4 – Acquire by CPO, demolish and redevelop Options 1-3 were rejected in favour of Option 4 – Acquire by CPO, demolish and redevelop. This option provides greatest certainty that the site will be redeveloped and achieve regeneration objectives for the town centre, supporting the economy, environment, and the well-being of Rotherham communities. Dialogue and negotiations with the landowner and their representatives will continue as the CPO progresses.

Regarding making the order, the Council could wait for the grant of probate and continue negotiations. This has been rejected due to the unknown timescales associated with probate and uncertainty whether acquisition by negotiation can be agreed.

 

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

 

Exemption of Appendix An exemption is sought for Appendix 5 under Paragraph 3 (Information relating to the financial or business affairs of any particular person (including the authority holding that information)) of Part I of Schedule 12A of the Local Government Act 1972 is requested, as this report contains financial information relating to the acquisition.

 

It is considered that the public interest in maintaining the exemption would outweigh the public interest in disclosing the information because all such negotiations and financial information should remain confidential between the parties.

 

Reports or parts of reports considered

3-7 Corporation Street Officer Delegated Decision Report, March 2023

Cabinet Meeting 23rd January 2023 (Minute 105)

Land Order Plan & Schedule

Statement of Reasons

Draft Notice for Advertiser publication

 

 

I certify that this is a true record of the executive decision in relation to the Compulsory Purchase Order (CPO) for the acquisition of 3-7 Corporation Street, Rotherham

 

Signed by the Decision Maker           


                         

Dated: 30th March, 2023

Name: Simon Moss

Job Title: Assistant Director of Planning, Regeneration and Transport