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)