Purpose

BANES has undertaken a procurement exercise to
secure strategic and implementation advice on the statutory
mechanisms available to the Council to enable delivery of the
commercial outcomes at Somer Valley Enterprise Zone (SVEZ) through
the acquisition of land parcels.

An in-principle statutory mechanisms resolution was adopted in
February 2024. In accordance with the adopted resolution, approval
is sought to bring forward a report to Cabinet to determine the use
of compulsory purchase powers to acquire the land and rights in
land required for the SVEZ scheme.

The Council is looking to deliver a mixed used regeneration project
in the Somer Valley, predominantly on the land forming part of the
SVEZ which is held in multiple ownerships. The SVEZ has been
allocated for mixed use development in the Council’s local
plan since 2007 but has not been bought forward by the private
sector. In addition to the development of the SVEZ, there are a
number of highways works that will be necessary in order to deliver
the project, including a new access from the A362 and network
junction interventions.

The Local Planning Authority (LPA) is promoting a Local Development
Order (LDO) across the SVEZ, and highway enabling works to assist
in bringing the site forward.

In order to secure delivery of the outcomes at SVEZ the Council
needs to acquire the majority if not all of the land within the
SVEZ as well as several small parcels of land outside of the
highway boundary.

It is therefore necessary to consider the statutory mechanisms
available to the Council, via a Compulsory Purchase Order, to
enable the acquisition of the land parcels should ongoing
negotiations not lead to private treaty acquisitions.

Decision

(1) 
To approve the area to be the subject of a compulsory purchase
order (CPO) or supplemental CPO shown edged red on the plan at
Appendix 1 (the CPO Map), which identifies the outline area of the
land, interests, and new rights to be acquired for the SVEZ Scheme
(the CPO Land) by voluntary acquisition or compulsory purchase.
 
(2) 
To authorise the making of a CPO or supplemental CPO pursuant to
s226(1)(a) and 226(3) of the Town and Country Planning Act 1990 and
s13 of the Local Government (Miscellaneous Provisions) Act 1976 for
the acquisition of land, interests, and new rights within all or
part of the area identified as the CPO Land, for the purposes of
facilitating the development of the SVEZ Scheme.
 
(3) 
To authorise all necessary steps to be taken to secure the making,
confirmation and implementation of a CPO(s) including the
publication and service of all notices, requisitions for
information, statement of reasons and the preparation and
presentation of the Council’s case at any public inquiry
required to secure confirmation of the CPO(s) by the Secretary of
State.
 
(4) 
To note, and give due regard in
determining whether or not to authorise the promotion of the
CPO(s), the public sector equality duty contained in section 149 of
the Equality Act 2010 (PSED) and the requirements of the Human
Rights Act 1998, as detailed further in section 11 and Appendix 2
of the report.
 
(5) 
Subject to confirmation of the CPO(s), to delegate authority to the
Executive Director of Sustainable Communities to acquire all the
land and rights over the CPO Land, including service of a general
vesting declaration, notice to treat and/or notice of entry,
subject to any compensation to be paid being within the SVEZ Scheme
budget as set out in section 8 of the report.
 
(6) 
To delegate authority to the Executive Director of Sustainable
Communities to make any necessary amendments to the CPO(s)
including, if required, to reduce the extent of the CPO Land to
align with works and land requirements and (once the boundary is
finalised) update the CPO Map to reflect on a plot-by-plot basis
the extent of acquisition and rights required.
 
(7) 
To delegate to the Executive Director of Sustainable Communities
for payments of over £500,000), in consultation with the S151
Officer authority to:
 
(i) 
Authorise agreements to be entered into with landowners to secure
the withdrawal of objections to the COP(s) and to authorise the
Executive Director of Sustainable Communities to take all necessary
steps to acquire by agreement land and/or rights forming part of
the CPO Land, subject to any consideration payable being within the
SVEZ Scheme budget as set out in section 8 of the report;
 
(ii) 
to negotiate and settle all necessary compensation and professional
fees (including interim payments) either as agreed with landowners
or as determined by the Lands Chamber of the Upper Tribunal in
relation to the acquisition of land and/or rights forming part of
the CPO Land in accordance with the Land Compensation Act 1961, the
Compulsory Purchase Act 1965 and the Land Compensation Act 1973
provisions in force at the relevant time and the body of case law
relevant to the assessment of compensation, where any compensation
to be paid is within the SVEZ Scheme budget as set out in section 8
of the report
 
(8) 
To authorise the instruction of the SVEZ Scheme Project
Team’s legal advisers, Burges Salmon LLP, to prepare and
serve such documentation as may be required for the CPO(s).
 
(9) 
To note the ongoing progress which has been made towards the
acquisition of land required to develop the SVEZ Scheme and the
previous decisions outlined in the report.