Issue - meetings

Councillor Barnard

To consider a report seeking confirmation of the Council’s willingness, in principle, to use compulsory purchase and / or appropriation powers in order to enable development of 15 London Road and an unregistered site next to it, Staines-upon-Thames.

It may be necessary to exclude the press and public during consideration of this item due to the fact that Appendix 2 to the reportcontains exempt information within the meaning of Part 1 of Schedule 12A to the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and by the Local Government (Access to information) (Variation) Order 2006:

Category 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information).

And in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information because revealing information on property values at an early stage would prejudice the ability of the Council to negotiate a voluntary agreement with the landowners(s) at the appropriate value.  

Cabinet considered a report seeking confirmation of the Council’s willingness, in principle, to use compulsory purchase and / or appropriation powers in order to enable development of 15 London Road, and an unregistered site next to it, Staines-upon-Thames.

Alternative options considered and rejected:

To do nothing and allow market forces to determine whether the land is finally developed in accordance with the Council’s aspirations.

Resolved:

1.    To approve the principle of the Council’s willingness to use compulsory powers to acquire or appropriate third party land and buildings for planning purposes, shown edged red on the plan in Appendix 1 to the report and such other incidental and adjoining interests in land which would facilitate and enable viable and deliverable development in connection with the creation of a housing development at 17-51 London Road in order to improve the Borough’s economic, environmental and social wellbeing;

2.    That the Head of Regeneration Growth in consultation with the Cabinet Members for Finance and Planning and Economic Development be authorised to undertake preparatory work up to an initial budget of £150,000 for the making of a compulsory purchase order; and

3.    To note that the use of compulsory powers are subject to:

•      The Council using reasonable endeavours to assemble the development site by agreement or private treaty.

•      Approval by the Planning Committee of a suitable scheme for the comprehensive development of this site and 17-51 London Road

•      The Council being satisfied that there is a viable business plan and funding strategy, together with a preliminary property cost estimate detailing the costs of making and confirming any Compulsory Purchase Order and/or appropriation; and

•      In the event the Council and its development partners are unable to assemble the development land by agreement or private treaty, that a further report is presented to the Cabinet seeking authority to make a full and unconditional Compulsory Purchase Order for the site and to acquire or appropriate the site for Planning purposes.

Reasons for decision:

Knowing the Council is prepared to use compulsory purchase powers may be sufficient to bring parties to the negotiating table. However, the report also seeks specific authority to commence preparatory compulsory purchase procedures in respect of the site so that the Council will be in a position to proceed quickly to make a Compulsory Purchase Order so that it can acquire all necessary interests in the land to enable development.

Officers would be required to obtain further Cabinet Authority prior to the making of a Compulsory Purchase Order or appropriating land or rights over land. 

Government guidance in Circular 10/2015 ‘Compulsory purchase and the Crichel Down Rules’ make it clear that compulsory powers should only be exercised where there is a compelling case in the public interest.