Purpose

Approval to carry out preparatory works to
establish whether there is a case to exercise compulsory purchase
powers

Content

The Council had for several years been keen to secure the
development of the Aylesbury Woodlands Site for a mixed-use scheme
comprising primarily of commercial and residential uses together
with the construction of a new spine road. Following a Cabinet
decision made on 4 January 2024 a successful marketing campaign
resulted in a potential preferred bidder being
identified.
 
This report had regard to yet unresolved Land assembly
issues, which sought:
(a) to provide the Council with an alternative route to
development should negotiations stall; and
(b) approval to carry out preparatory works to reduce the
overall project time should it have to exercise its compulsory
purchase powers in the future. 
 
Compulsory purchase was intended as a last resort to secure
the assembly of all the land needed for the implementation of
projects. However, if an acquiring authority waited for
negotiations to break down before starting the compulsory purchase
process, valuable time would be lost and key trigger points
including funding and potentially planning, might be put at risk.
The Council had secured £25m of HIF funding but there were
conditions attached to the funding which might be at risk if the
project was not advanced in a timely manner.
 
Therefore, it was sensible, given the amount of time
required to complete the compulsory purchase process, for the
acquiring authority to plan a compulsory purchase timetable as a
contingency measure; and initiate formal procedures. This would
also help to make the seriousness of the authority’s
intentions clear from the outset, which in turn might encourage
those whose land was affected to enter more readily into meaningful
negotiations. A Compulsory Purchase Order would not be successful
unless the scheme was deliverable and therefore its viability would
be a major factor when considering its implementation. 
 
RESOLVED –
 

(A) 
That it be agreed for preparatory work to be
undertaken to determine, should the situation require, if
there is a case for the Council to use its Compulsory Purchase
Powers (“CPO)” to acquire either:
(i)                
The Woodlands Site, being the land shown for
indicative purposes only edged red on the plan at Appendix 1,
or
(ii)              
Or The land required for the construction of the
Eastern Link Road South (ELSR) shown for indicative purposes as the
area shown hatched on the plan at confidential appendix (A5),
or
(iii)             
A combination of (i) and/or (ii)
above. 
 

(B)  
That authority be delegated to the Service
Director – Commercial Property and Regeneration, in
consultation with the Section 151 Officer, the Service Director
(Legal and Democratic) and the Cabinet Member for Accessible
Housing and Resources, to undertake all necessary steps to enable
the Council to fully consider the options for making a Compulsory
Purchase Order and/or a Side Roads Order, as outlined in A above,
including: 
(i)                
the exercise of powers under section 16 Local
Government (Miscellaneous Provisions) Act 1976 and/or section 5A
Acquisition of Land Act 1981 to require owners and occupiers to
provide information about their ownership or
occupation.
(ii)              
the exercise of powers under section 172-179 of,
and Schedule 14 to, the Housing and Planning Act 2016 to obtain the
right to enter and survey or value the land and if necessary,
appoint consultants and/or contractors for these
purposes.
(iii)             
The appointment of external consultants to assist
and undertake land referencing, surveys, valuations, and any
ancillary activities.
(iv)             
The appointment of external consultants to advise
in connection with and to prepare such evidence as required, Maps
and Plans, the draft Statement of Reasons, and to advise on the
legal matters referred to in the body of this
report.