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)