Purpose

The Cabinet will be
asked to consider approving the promotion of a compulsory purchase
order to facilitate the assembly of land and property interests to
enable the delivery of attractive public spaces and new public
routes through and between the Stockport 8 regeneration scheme.

Content

The
Cabinet has considered a report detailing a proposed Compulsory
Purchase Order to enable the delivery of attractive public spaces
and new public routes through and between the Stockport 8
regeneration’ scheme and key destinations and facilities
including the town centre, Stockport Transport Interchange, Viaduct
Park and Stockport train station and has:-
 
(1)
Given approval the preparation and making of a Compulsory Purchase
Order (Order) under section 226(1)(a) of the Town and Country
Planning Act 1990 to facilitate the acquisition of the property
interests in the Arches to facilitate the delivery of attractive
public spaces and key public routes through and between the
Stockport 8 regeneration scheme and key destinations and facilities
including the town centre, Stockport Transport Interchange, Viaduct
Park and Stockport train station;
 
(2)
Delegated authority to the Deputy Chief Executive and the Finance
Director – s151 Officer in consultation with the Cabinet
Member for Economy, Regeneration & Skills authority
to:
 

·        
continue to engage in negotiations and, where
possible, to agree terms for the Council to acquire by voluntary
means all interests in the Arches;

·        
decide if and when to make the Order;
 
(3)
Delegated authority to the Assistant Director for Governance
authority to:
 

·        
take all necessary steps to prepare and make the
Order and supporting documents, including undertaking surveys, and
carrying out a land referencing exercise to check that there are no
property interests in the Arches save for those described
below;

·        
submit the Order to the Secretary of State for
Housing, Communities and Local Government for
confirmation;

·        
if authorised by the Secretary of State, to confirm
the Order;

·        
in the event that objections are made to the Order,
take all necessary steps to address and, where possible, resolve
those objections and, if necessary, to prepare for and participate
in any public inquiry convened by the Secretary of State to
consider the Order;

·        
provided the Order is confirmed by the Secretary of
State (or by the Council as the case may be), take all necessary
steps to exercise powers pursuant to the Order to achieve vacant
possession of the Arches (including the making and service of one
or more General Vesting Declarations and/or the preparation and
service of Notices to Treat and Notices of Entry);

·        
approve agreements with the relevant parties setting
out the terms of the acquisition of the required property interests
and the withdrawals of objections to the Order, together with any
associated or consequential provisions including proposing
modifications to the Order;

·        
participate in any third party proceedings
challenging the confirmation of the Order by the Secretary of State
and/or the exercise of the powers by the Council;

·        
commence or defend proceedings in the Upper Tribunal
(Lands Chamber) concerning the determination of the compensation to
which affected parties whose land and/or interests are acquired
pursuant to the Order may be entitled, and to take all necessary
steps to deal with, settle and/or dispose of those proceedings (as
the case may be).

·        
do all things necessary or incidental to the
implementation of the above-mentioned resolutions.
 
(NOTE:
An appendix to the report contained information ‘Not for
Publication’ that had been circulated to members of the
Cabinet only).

Alternative options considered

Not to proceed with
making the compulsory purchase order. If the Order is not made, the
Council may be unable to acquire the property interests needed to
deliver important public routes through and between the Stockport 8
regeneration scheme and key destinations and facilities around
Stockport town centre.