Issue - meetings

The material relevant to this item can be found on pages 53-74 of the Cabinet agenda pack for 8 September 2020 and in the supplementary pack containing the appendices.

The following recommendations were made to Council:

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

Cllr Taylor was invited to introduce the report.

Cllr Taylor then moved the recommendation which was seconded by Cllr Plant.

With regard to concerns raised about delivery in excess of 1300 homes Mr Frost sought to reassure members that officers will continue to work with Countryside Properties on the quantum, form and details of the scheme. 

With regard to a suggestion as to whether more needs to be done in the future at an early stage, Mr Bennett accepted that early stage conversations are helpful. He then referred members to Robin De Wreede, the council’s specialist legal advisor who provided an overview of the process. Mr De Wreede took the opportunity to clarify that the 1300 new homes figure is linked to the Compulsory Purchase Order, however any planning application for those homes should be considered at the time on its planning merits.

Members voted by roll call on the officer recommendation which was carried.

RESOLVED

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

The Cabinet is requested to consider the report and note and approve the revised timetable identified in section 6 of the Report.

The Cabinet is also requested to recommend to Council:

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

RESOLVED

That the report be revised timetable identified in section 6 of the report be noted and approved.

*RECOMMENDATIONS TO FULL COUNCIL

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.

Cllr Taylor introduced the item and explained that two supplements had been sent to members the day before. The first an addendum to the report and the second an amended restricted appendix 3. The council’s legal advisor Mr Robin De Wreede was invited to speak. He provided further clarity on the addendum that had been circulated and confirmed that there remained no agreed timetable put forward by the landowners to date.

Miss Chivers responded to a request to clarify whether the cost could vary prior to April 2021. She explained that the current figure represents officers best estimate.

The Chair then invited Cllr Oakley to ask a question. Cllr Oakley requested confirmation that ward members would be included in the consultation referenced in recommendation 3.2. Cllr Taylor confirmed that would be the case.

In a vote the following resolution and recommendations were agreed:

RESOLVED

That the revised timetable identified in section 6 of the report be noted and approved.

*RECOMMENDATIONS TO FULL COUNCIL

1.    That the Council authorises the use of Compulsory Purchase powers as set out in Section 226(1)(a) of the Town and Country Planning Act 1990 to compulsorily acquire the Order Land identified within Appendix B, and in particular that the Council makes the Order;

2.    that the Director of Planning and the Environment be authorised, following consultation with the Cabinet Member for Planning Services and local ward Members, to:

a.    settle the final form and content of the Order and all associated documentation and take all action needed to pursue the Order and secure its confirmation;

b.    negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of objections or undertakings not to enforce the Order on specific terms including where appropriate removing land or rights from the Order or to request the modification of the Order by the Secretary of State;

c.    implement the Order powers following confirmation of the Order and so acquire title to and/or take possession of the Order Land.