To consider the recommendations of the Response and Recovery Committee held on 25 March 2021 namely relating to the exercise, in the last resort, of Compulsory Purchase powers to facilitate the delivery of the Cambridge Road Estate regeneration programme, as set out in Appendix C.
Members considered a report at Appendix C of the agenda, which set out recommendations in relation to the use of Compulsory Purchase powers (CPO), as a last resort, to acquire land within the boundary of the proposed CPO1 area of the Cambridge Road Estate regeneration scheme, following consideration at the Response and Recovery Committee held on 25 March 2021.
It was noted that the majority of the Cambridge Road Estate was already in the ownership of the Council. However there were a number of third party interests that needed to be acquired in order to enable the regeneration to be delivered. The majority of these were dwellings that had been acquired through use of the right to buy with some limited commercial interests.
The Council had the power to make a Compulsory Purchase Order under Section 226 (1) (a) of the Town and Country Planning Act 1990 (as amended by the Planning and Compulsory Purchase Act 2004). This provided that the Council may exercise its statutory powers to compulsorily acquire land where it believed that such acquisition would facilitate the carrying out of development, redevelopment or improvement on or in relation to the land. In order to exercise that power, the Council would also be satisfied:
“that the development, redevelopment or improvement is likely to contribute to the achievement of one or more of the following objectives: (a) the promotion or improvement of the economic wellbeing of their area; (b) the promotion or improvement of the social wellbeing of their area: (c) the promotion or improvement of the environmental wellbeing of their area (Section 226 (1A).”
Having considered the project requirements, programme duration and phasing it was not considered appropriate to make a single CPO covering the whole Estate. Instead there would be a series of CPOs, the first of which will be CPO1 which will focus on the earlier phases.
It was noted that the CPO would need to be confirmed by the Secretary of State for the Ministry for Housing, Communities and Government (MHCLG), who would consider any objections to the making of the Order before reaching a decision.
RESOLVED that –
1. Subject to the Executive Director of Place being satisfied in relation to the progress of the planning application for the development, authorise the making of a CPO (“the Order”) under Section 226(1)(a) of the Town and Country Planning Act 1990 ("the 1990 Act") to acquire the outstanding interests in the land shown edged red on the plan attached at Appendix 1 (“the Order Land”) and the submission of the Order to the Secretary of State for confirmation, and authorise the confirmation of the Order if the Council is given the power to do so by the Secretary of State under Section 14A of the Acquisition of Land Act 1981.
2. Authorise the Executive Director of Place, after consultation with the Leader of the Council and the Portfolio Holder for Housing and Public Health, to make any minor changes considered necessary to the Order Land and to finalise the Statement of Reasons to support the Order.
3. Authorise the Executive Director of Place, after consultation with the Leader of the Council and the Portfolio Holder for Housing and Public Health, to issue notices and carry out actions under Section 172 of the Housing and Planning Act 2016 and where necessary, to enter on to land and carry out a survey of any land which the Council proposes to acquire compulsorily.
4. Authorise the Executive Director of Place, after consultation with the Leader of the Council and the Portfolio Holder for Housing and Public Health and following confirmation of the Order, to publish and serve notice of confirmation of the Order, together with notice of the Council’s intention to make a General Vesting Declaration (“GVD”), and to make one or more GVDs (and to serve all appropriate notices in connection therewith) or to serve notices to treat and notices of entry (as appropriate) in respect of the Order Land.
5. Authorise the use of powers under the Town and Country Planning Act 1990 to secure the removal of any apparatus of statutory undertakers or communication code operators from the land shown coloured pink on the Map.
6. Authorise the acquisition by agreement of all third party interests in and over the Order Land under Section 227 of the 1990 Act before or after confirmation of the Order and in respect of any new rights required for the development or use of the Order Land.
7. Authorise the Executive Director of Place, after consultation with the Leader of the Council and the Portfolio Holder for Housing and Public Health, to enter into agreements and to make undertakings, contracts and transfers on behalf of the Council with third parties with interests in the Order Land.
8. Authorise Executive Director of Place, after consultation with the Leader of the Council and the Portfolio Holder for Housing and Public Health, to reach agreement with parties otherwise affected by the Order in order to secure the withdrawal of objections to the confirmation of the Order, including but not limited to the creation of new rights, or the removal of any land from the Order, and to defend any proceedings challenging the making or confirmation of the Order.
For: Councillors Abbas, Abraham, Archer, Arora, Bailey, Bass, Beynon, Fiona Boult, Olivia Boult, Cobbett, Cunningham, Davey, Davis, Durrant, Foulder-Hughes, Fram, Gander, George, Goodship, Green, Ha, Heap, Holt, Hughes, Kerr, Kirsch, Lidbetter, Moll, Netley, Ravalia, Ryder-Mills, Schaper, Self, Sheppard, Sweeney, Thayalan, Thompson, Tolley, Wehring, White, Wookey, Yoganathan and Young. (43)
Against: None (0).
Abstain: Councillor Falchikov-Sumner (1).
Councillor Christine Stuart left the meeting at the beginning of this item and therefore did not participate in the debate of vote.
Councillors Lorraine Dunstone and Simon Edwards did not participate in the debate or vote on the item for the reasons outlined in their declaration of interest.