Decision

Union Square Land
Assembly:
 

1.    that delegated authority
be given to the Chief Executive to continue negotiations with the
owners of the various properties fronting Union Street and Market
Street, Torquay, and their tenants, as edged red in Appendix 1 to
the submitted report, and any other land, interests or rights
subsequently required, in consultation with the Cabinet Member for
Place Development and Economic Growth and Section 151 Officer on
any Heads of Terms to enable the redevelopment and regeneration of
Union Square shopping centre;
 

2.    that, having taken into
account the options to acquire the various properties fronting
Union Street and Market Street, Torquay, in the event that the land
is not secured by negotiations the making of the Compulsory
Purchase Order (CPO) for the site be approved under section
226(1)(a) of the Town and Country Planning Act 1990 and section 13
of the Local Government (Miscellaneous Provisions) Act 1976, as
outlined below, for land (as shown edged in red at Appendix 1 to
the submitted report) and any other land, interests or rights
subsequently required to deliver the redevelopment, the Chief
Executive be given delegated authority to give effect to this
decision, including:
 

(a)  
the taking of all necessary steps required to secure the making of
the CPO and for the subsequent confirmation and implementation of
the CPO, including the publication and service of all notices,
statement of reasons and presentation of the Council's case at
public inquiry, if necessary, to secure confirmation of the CPO by
the Secretary of State;
 

(b)   to carry out any surveys on
the Order Land and enter as may be required to deliver the proposed
development by CPO(s) which the Council is authorised to carry out
either by consent of the relevant landowner or under section 172 to
179 of the Housing and Planning Act 2016;

 

(c)   to enter into agreement(s)
with any person or body to secure the withdrawal of objections to
the CPO(s) and/or to negotiate and agree terms for the acquisition
by agreement of any land, interests or rights as may be required
for the scheme; and

 

(d)   to pay all necessary
compensation either as agreed or as determined by the Lands Chamber
of the Upper Tribunal in relation to the acquisition of land and
other interests or for the overriding or acquisition of rights.

 
Strand Redevelopment
– Land Assembly:
 

3.    that delegated authority
be given to the Director of Regeneration to continue negotiations
with the owners of the various properties previously noted fronting
The Strand and The Terrace, Torquay and their tenants as edged red
in Appendix 2 to the submitted report, and any other land,
interests or rights subsequently required in consultation with the
Cabinet Member for Place Development and Economic Growth and
Section 151 Officer on any Heads of Terms to enable the
redevelopment and regeneration of The Strand and The Terrace;
 

4.    that, having taken into
account the options to acquire the various properties fronting The
Strand and The Terrace, Torquay, in the event that the land is not
secured by negotiations the making of the Compulsory Purchase Order
(CPO) for the site be approved under section 226(1)(a) of the Town
and Country Planning Act 1990 and section 13 of the Local
Government (Miscellaneous Provisions) Act 1976 , as outlined below,
for land (as shown edged in red at Appendix 2 to the submitted
report) and any other land, interests or rights subsequently
required to deliver the redevelopment. The Director of
Regeneration, in consultation with the Cabinet Member for Place
Development and Economic Growth, be given delegated authority to
give effect to this decision, including:

 

(a)   the taking of all necessary
steps required to secure the making of the CPO and for the
subsequent confirmation and implementation of the CPO including the
publication and service of all notices, statement of reasons and
presentation of the Council's case at public inquiry, if necessary,
to secure confirmation of the CPO by the Secretary of State;

 

(b)   to carry out any surveys on
the Order Land and enter as may be required to deliver the proposed
development by CPO(s) which the Council is authorised to carry out
either by consent of the relevant landowner or under section 172 to
179 of the Housing and Planning Act 2016;

 

(c)   to enter into agreement(s)
with any person or body to secure the withdrawal of objections to
the CPO(s) and/or to negotiate and agree terms for the acquisition
by agreement of any land, interests or rights as may be required
for the scheme; and

 

(d)   to pay all necessary
compensation either as agreed or as determined by the Lands Chamber
of the Upper Tribunal in relation to the acquisition of land and
other interests or for the overriding or acquisition of rights.

Reasons for the decision

To mitigate risk of
the Council’s decision to proceed with CPOs for land at Union
Square and The Strand, should the land fail to be secured through
negotiations.

Alternative options considered

The options were:
 
Option 1 – to
confirm agreement of the CPOs for land at Union Square and The
Strand – this was the preferred option as it mitigates the
risk of a potential challenge to the decision to CPO the land.
 
Option 2 – not
to confirm agreement of the CPOs for land at Union Square and The
Strand – this was not recommended as this could present a
potential risk to the Council of challenge to the decision to CPO
the land.