Purpose

To consider the making of a compulsory
purchase order (CPO) for the acquisition of interests in land that
need to be within the Council’s control to enable the
remodelling of Buxton House in accordance with planning consent
number 2024/48/90109/W.
 
Resident engagement took place in a vacant
flat at Buxton House on 23 April 2024. 
The purpose of the engagement was to showcase the planning
application, to explain the changes to the design that had taken
place since the previous consultation and to understand any queries
or concerns that residents had about the proposals.  Around one third of the remaining residents
attended the event with 8 providing feedback to say they liked the
proposals.  One resident identified a
number of concerns around the layout of the 1-bedroom
flats.  These were discussed with the
architects who explained that the constraints and structure of the
building meant that it would not be possible to accommodate the
suggested amendments to the flat layouts.  Colleagues from housing management accepted the
reasoning and provided feedback to the resident.

Content

RESOLVED –
 
1)   
That authority be given to the making of a CPO of the land shown
coloured pink and edged red (“the Order Land”) on the
plan considered at Appendix 3 under section 226(1)(a) of the Town
and Country Planning Act 1990 for the reasons set out in the
Statement of Reasons (Appendix 1) and because: -
 
(i)            
the acquisition would facilitate the development, redevelopment, or
improvement (including regeneration) on or in relation to the Order
Land; and
(ii)           
the development, redevelopment or improvement was likely to
contribute to the achievement of the economic, social or
environmental well-being of the Council’s area.

 
2)   
That the purchase of the ALB Group headlease will engage section
203 of the Housing and Planning Act 2016 and allow the Council to
override rights to facilitate the temporary closure of the Albion
Street Car Park to provide a site compound and safe working space
be noted.
3)   
That it be noted compensation may be payable under section 204 of
the Housing and Planning Act 2016 to those whose rights are
interfered with from the project budget.
4)   
That authority be delegated to the Executive Director for Place in
consultation with the Service Director Legal, Governance and
Commissioning to: -
 
(i)            
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 the publication and
service of all relevant notices and the presentation of the
Council’s case at any future local public inquiry;
(ii)           
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);
(iii)         
negotiate agreements to temporarily amend rights over the Albion
Street Car Park: and
(iv)         
make payment of any compensation due under section 204 of the
Housing and Planning Act 2016.

 
5)   
That authority be delegated to the Service Director Legal
Governance and Commissioning to finalise and enter into all
appropriate contracts, deeds and documents required.