Decision Maker: Executive

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Date of Decision: November 5, 2024

Purpose: The Council has established Canal Road Urban Village Ltd., (CRUVL) a joint venture partnership company with Urbo Regeneration Ltd., to create New Bolton Woods, a new sustainable 1,000 home neighbourhood. With c200 homes delivered to date CRUVL continues work to deliver new phases of development, including a small plot of land off Wealdheare Street that is unregistered and remained unused for over 20 years. As unsuccessful efforts have been made to trace ownership of the site the intention now is to exercise the Council's statutory CPO powers to acquire the plot for residential development purposes.

Content: Resolved –   That the Executive:   (1)           Noted the action being taken to achieve the aims and objectives of the Canal Road Urban Village Regeneration Scheme vision.   (2)           Was satisfied that the proposed Canal Road Urban Village Regeneration Scheme is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the Scheme is outweighed by the public benefits which the Scheme is intended to generate and that due regard has also been given at this stage of the statutory obligations under the human rights and public sector equality legislation in relation to the differential impact a compulsory purchase order might have on various groups of persons with protected different characteristics in the area of the proposed site development.   (3)           Authorised a Compulsory Purchase Order to be made in principle at this stage, pursuant to Section 17(1) of the Housing Act 1985, Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers, to secure the compulsory acquisition of the land shown edged red on the plan appended to this Report, including the use of powers under Section 13 of the Local Government (Miscellaneous Provisions) Act 1976, should any new rights need to be created to help facilitate the Scheme.   (4)           Authorised the service by the Council of Notices pursuant to Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and any other necessary action seeking information to ensure as far as possible that all those having a purported interest in the land and rights needed for the Scheme are identified and included in any Company Purchase Order to be made.   (5)           Delegated to the Strategic Director of Place authority –   (5.1)      to decide in consultation with the appropriate Portfolio Holder for the time being on whether to instruct the Director of Legal and Governance to make and promote a Compulsory Purchase Order for the Canal Road Urban Village Regeneration Scheme, if satisfied –   (5.1.1)that there is sufficient evidence to justify the making of a Compulsory Purchase Order to facilitate the proposed Scheme; and   (5.1.2)that an “Equality Impact Assessment Form” is presented to the Strategic Director and Portfolio Holder to demonstrate that all relevant human rights and public sector equality legislation has been fully and properly complied with.   (5.2)      to make, if necessary, minor or technical amendments to the Compulsory Purchase Order, including any necessary change to the enabling statutory power to make a Compulsory Purchase Order and whether to evoke the power in Section13 of the Local Government (Miscellaneous Provisions) Act 1976, should any new rights need to be created to help facilitate the Scheme.   (5.3)      to decide in consultation with the appropriate Portfolio Hoder for the time being as to whether a Compulsory Purchase Order that has been made and submitted for confirmation should be withdrawn, having regard to the substance of any objections and the likelihood of the objection being withdrawn and the costs involved of continuing to promote the CPO in light of objections and the prospect of the holding of a local Public Inquiry or Hearing or if it is not possible to withdraw the CPO to decide on whether or not CPO powers should be exercised.   (5.4)      to determine the exact CPO boundary of the land and rights to be acquired.   (5.5)      to determine whether any rights need to be created pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to facilitate the Scheme.   (5.6)      in deciding on the extent of the land to be placed in the Compulsory Purchase Order to authorise the service of Notices pursuant to S.172 of the Housing and Planning Act 2016 and pursuant to Section 289 of the Housing and Planning Act 2016 as the case may be, should it not prove possible to enter by voluntary means to enable intrusive ground investigations and surveys of habitats etc to be undertaken.   (5.7)      to decide on whether there is sufficient justification to include in the Compulsory Purchase Order a “direction” for compensation claims flowing from the exercise of compulsory purchase powers to be assessed under Section 14A of the Land Compensation Act 1961 (cases where the prospect of planning permission is to be ignored), if the compensation claim is seeking to increase the compensation payable through any prospect of planning permission being granted (i:e “hope value”) and if such a “direction” is to be made, to authorise the submission of a “statement” to accompany the Compulsory Purchase Order explaining why the assessment of compensation should exclude “hope value”.   (5.8)      to modify and settle the draft “Statement of Reasons” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Map and Schedule and all other legal documentation necessary to support and accompany the submission of the Compulsory Purchase Order to the appropriate Secretary of State for confirmation.   (5.9)      to approve agreements with landowners setting out the terms for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order.   (5.10)   to confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so in the event that the Secretary of State notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order.   (5.11)   make modifications to the Compulsory Purchase Order, if expedient to do so.   (5.12)   take all and any necessary action as the case may be to continue or open negotiations with persons for the acquisition of land and the creation and exercise of any rights and any other interests included in the Compulsory Purchase Order and any other land needed for the Scheme and to authorise the acquisition of land and rights either by agreement or by granting “Options” to acquire land and rights or through compulsion where the use of compulsory purchase powers is in contemplation or pursuant to the exercise of compulsory purchase powers and to approve the purchase price, advance payments and all other compensation payments;   (5.13)   take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the Compulsory Purchase Order.    (5.14)   authorise the acquisition of land under the Council’s statutory discretionary powers to acquire land on hardship grounds.   (5.15)   take all necessary action to settle compensation claims and to refer any disputes as to the quantum of compensation flowing from the threat or use of compulsory purchase powers to the Upper Tribunal (Lands Chamber) or other form of arbitration or mediation.   (5.16)   to authorise all necessary action to be taken in connection with any written representations in lieu of a local Public Inquiry or Hearing being held to determine a Compulsory Purchase Order or if a local Public Inquiry or Hearing is convened to consider any objections to the Compulsory Purchase Order, including but not limited to instructing Counsel to represent the Council at a Public Inquiry or Hearing or the preparation of written representations.   (5.17)   to authorise all necessary action to be taken to bring the Compulsory Purchase Order into operation should the Compulsory Purchase Order be confirmed.   (5.18)   subject to a confirmed Compulsory Purchase Order having the capacity to enable the Scheme to be implemented, to authorise the service of all statutory Notices and other instruments to acquire and obtain possession of all the land and rights needed.   (5.19)   to authorise any necessary direction to be issued pursuant to Section 236 of the Town and Country Planning Act 1990 (as amended) to prevent extinguishment and/or re-grant of statutory undertakers rights to keep apparatus belonging to statutory undertakers in situ.   (5.20)   to authorise as applicable the appropriation of land needed for the Scheme to “planning purposes” pursuant to Section 122(1) of the Local Government Act 1972, if deemed necessary to enable easements and rights, including “rights to light” to be overridden by virtue of Section 203 of the Housing and Planning Act 2016.   (5.21)   to take and do all things necessary or incidental to the implementation of the above resolutions and the promotion of the Compulsory Purchase Order.   (6)           That all land acquired for the Scheme be held for residential use development proposals.   To be actioned by: Strategic Director, Place   Overview and Scrutiny Area: Regeneration and Environment   (Simon Woodhurst - 01274 433789)