Agenda item

The Cabinet is requested to consider the agenda report and its appendices and make the following resolutions and recommendations to Council as set out below:

That the Cabinet recommends to Council that following consideration of this report:

1.    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.    the Director of Planning and the Environment be authorised to 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;

3.    the Director of Planning and the Environment be authorised to 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;

4.    the Director of Planning and the Environment be authorised to implement the Order powers following confirmation of the Order, and so acquire title to and/or take possession of the Order Land; and

5.    Cabinet notes and approves the revised timetable identified in section 6 of the Report.

*RECOMMENDATIONS TO COUNCIL

That following consideration of the report:

1.    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.    The Director of Planning and the Environment be authorised to 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.

3.    The Director of Planning and the Environment be authorised to 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.

4.    The Director of Planning and the Environment be authorised to 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 revised timetable identified in section 6 of the report be approved.

Mrs Taylor introduced the report. She explained that the current Local Plan makes provision for the delivery of 7,388 homes over the period 2012-2029. Of the 7,388 homes, 3,250 are to be provided at the Strategic Development Locations, the second largest of which at 1,000 dwellings at the Tangmere Strategic Development Location (TSDL). It represents approximately 14% of the total housing need for the Local Plan Area and 31% of the total housing need to be provided by the Strategic Development Locations. In addition the emerging Local Plan makes provision for 1,300.00 dwellings. Therefore delivery of the Tangmere TSDL is critical to delivery of the Council’s housing target. The land comprises approximately 76 hectares and is shown coloured pink in Appendix 2. The site has been identified for residential development since 2010 and was formerly allocated for residential development since 2015 after adoption of the current Local Plan.

Mrs Taylor further explained that the land has a number of land owners and promoters. Despite the council being assured by the landowners and site promoters over the past ten years that there was a progress in terms of commitment to jointly deliver the residential development and associated infrastructure there has been no material progress in terms of comprehensive delivery of the site. It is essential that development comes forward comprehensively in order to provide certainty over delivery of the infrastructure requirements for the planned residential development and to guarantee that such infrastructure be delivered in a cohesive and co-ordinated manner. Comprehensive development is also necessary if best and most efficient use is to be made of the TSDL. A piecemeal approach could render some parcels unviable, resulting in the risk that the TSDL fails to come forward in its entirety and fails to provide the necessary infrastructure required. By taking a piecemeal approach it is highly unlikely the TSDL would deliver the 1000 homes or the 1,300 homes in the emerging Local Plan. Paragraph 6.8 of the report sets out in greater detail the reasons why a piecemeal approach is inappropriate.

Mrs Taylor confirmed that as a result of the lack of progress the council has no alternative but to make use of the Compulsory Purchase Order (CPO) powers available to it and after a tender exercise appointed a development partner in 2018 and subsequently entered into a Development Agreement with Countryside Properties (UK) Limited on 5 February 2019. A Masterplan of the proposed development was presented to and endorsed by the Planning Committee on 8 January 2020. Countryside are planning to submit a planning application for 1,300 dwellings in April 2020. Table 1 on page 48 sets out the current timetable for progress of the CPO.

Mrs Taylor added that although work is progressing on the CPO there will continue to be engagement with the landowners to provide for the possibility of voluntary agreements to enable comprehensive development of the site. However, due to the lack of progress with the owners and promoters of the site despite engagement over a ten year period the council considers that it has no alternative but to progress with the CPO as the TSDL is a major contributor to the delivery objectives of both the Local Plan and the emerging LP and to the contribution of the achievement of social, environmental and economic development and wellbeing of the community.

Miss Chivers referred members to section 4.35 of the report. She explained that it refers to the agreement which was part of the original 2018 order plan which has since been amended as a result of land referencing and masterplan processes. The development agreement will be amended to include an addendum to refer directly to the 2020 order plan.

Mr Bennett responded to members questions. With regard to the purpose of the CPO he referred members to section 6 of the report. He confirmed that the council had sought specialist legal advice. With regard to the timescale he explained that it had been unavoidable as the council is required to demonstrate a full level of engagement and evidence as part of the process. Once agreed the CPO will have a further 22 week window.

Decision

The Cabinet then voted to make the recommendations and resolution below:

RECOMMENDATIONS TO COUNCIL

That following consideration of the report:

1.    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.    The Director of Planning and the Environment be authorised to 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.

3.    The Director of Planning and the Environment be authorised to 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.

4.    The Director of Planning and the Environment be authorised to 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 revised timetable identified in section 6 of the report be approved.