Decision Maker: Executive

Outcome: For Determination

Is Key Decision?: Yes

Is Callable In?: No

Date of Decision: April 2, 2025

Purpose: Bradford City Village Project - (The Kirkgate Shopping Centre, The Oastler Site and The Chain Street Site, Bradford) (Redevelopment Scheme) Compulsory Purchase Order 2025 - City Village Regeneration Scheme – Use of Compulsory Purchase Powers

Content: Resolved –   The Executive approved the following recommendations -   (1)     Noted the action being taken to achieve the aims and objectives of the BCV vision.   (2)     Agreed to the Council in principle making Compulsory Purchase Order(s) pursuant to Section 226(1)(a) and (3) of the Town and Country Planning Act 1990 (as amended), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers (including any rights which need to be created pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to facilitate the Scheme) to secure the compulsory acquisition of the land shown edged red on the plan(s) appended to this Report at Appendix 2 .   (3)     Agreed to delegate to the Strategic Director of Place, authority after consultation with the Portfolio Holder: Regeneration, Planning and Transport to instruct the Director of Legal and Governance to make and promote a CPO for the BCV Scheme, if satisfied:   (a)   that the Council has exercised due diligence and probity and has been open and transparent in formulating its Scheme proposals and in trying to contact and undertake open and reasonable negotiations with interested parties to acquire the land and rights needed for the BCV Scheme.   (b)   that it is apparent from negotiations already undertaken, that there is little, or no prospect of the Order Land needed being acquired by voluntary means.   (c)   that any necessary planning approvals have been obtained or are likely to be obtained and there are no known planning obstacles if any planning conditions need to be discharged.    (d)   that there are sufficient financial resources available to implement and complete the Scheme within a reasonable timeframe.   (e)   that due regard has and is being given during the compulsory purchase process to the rights of the individual under human rights and equality impact legislation; and   (f)     that there is a compelling case for the Scheme in the public interest.   For avoidance of doubt if satisfied as to the points above, then such delegation to include to:   (g)   Prepare and settle the final form and content of the CPO(s) and all associated documentation.   (h)   Prepare and settle the final form and content of all other relevant documentation to support the case for CPO, including but not limited to the production of an equalities impact assessment.   (i)     Take all necessary steps to secure the making, confirmation and implementation of the CPO(s) including publication and service of notices and presentation of the Council`s case at any Public Inquiry, or Court should such representation be necessary.   (j)     Take such actions so as to facilitate the acquisition properties and proprietary interests within the CPO by agreement, such actions to include; the relocation of businesses, residents and statutory undertakers and any other interests and setting out the terms for the withdrawal of objections to the CPO(s).   (4)       Agreed to delegate to the Strategic Director of Place authority after consultation with the Portfolio Holder: Regeneration, Planning and Transport following the confirmation of the CPO(s) by the Secretary of State to take all necessary steps to secure vacant possession of all properties and proprietary interests located within the confirmed CPO to include:   (i)     Taking all necessary actions to secure the making and confirmation of a General Vesting Declaration (GVD) or multiple GVD’s under the Compulsory Purchase (Vesting Declarations) Act 1981 and/or if required to serve notices to treat and notices to enter.   (ii)   to appropriate to planning/or housing purposes any parcel of land within the CPO;   (iii)  remove any relevant blight notices.   (iv)  to transfer all properties and proprietary interests acquired pursuant to the CPO(s) to the relevant development partner in accordance with the development Agreement.   (v)   to decide in consultation with the Portfolio Holder: Regeneration, Planning and Transport for the time being, as to whether a CPO that has been made should be withdrawn, having regard to the substance of any objections and the likelihood of the objection succeeding.    (vi)  to confirm the CPO, 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 CPO.   (5)       Agreed to authorise the Strategic Director of Place to 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 CPO  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 CPO  powers is in contemplation or pursuant to the exercise of CPO  powers and to approve the purchase price, advance payments and all other compensation payments, and to 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 Council possessing CPO powers.   (6)       To 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.   (7)       Authorised 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.   (8)       Authorised 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.   (9)       Proposed that all land acquired for the Scheme be held for residential led mixed use commercial and other development purposes.   (10)      To refer a decision as to whether to make a CPO back to the Executive, if for example unforeseen circumstances arise which render the use of delegated powers outside the scope of the Council`s Constitution.   To be actioned by: Strategic Director, Place     Overview and Scrutiny Area: Regeneration and Environment   (Simon Woodhurst – 01274 433789)