Agenda item

Report No: COU/SE/15/015

Portfolio Holder: John Griffiths           Lead Officer: Steven Wood

The Council considered Report No: COU/SE/15/015 (previously circulated) which sought approval for the making of a Compulsory Purchase Order (CPO) and associated issues.

Councillor Griffiths, Leader of the Council, drew relevant issues to the attention of Members.  He reminded Members that Cabinet had approved in principle the making of a CPO at their meeting on 10 February 2015 as negotiations between the Council, Churchmanor Estates Company PLC and Taylor Wimpey UK Ltd had stalled.  Since then, negotiations and discussions had taken place but a satisfactory resolution had not yet been found.

Cabinet had considered that if it did not seek to use its compulsory purchase powers, this would result in the Eastern Relief Road (ERR)  not progressing and therefore at their meeting on 24 February 2015 had recommended that Council should approve the making of the CPO. Negotiations would continue between all parties with a view to finding a solution without the need for a CPO, but if necessary, a paper would be taken to Council before any CPO action was taken.

Some concern was raised by councillors who felt that negotiations should continue without using a CPO as this could be seen to be depriving rightful owners of their land. The response given was that negotiations had been continuing for some time and although it was still hoped that an agreement would be reached in due course without the need for a CPO, the Council needed to provide some certainty to the timetable to avoid losing funding from other sources.

Joy Bowes, Service Manager (Legal) referred Members to sections 4.2 and 4.6 of Report No: COU/SE/15/015, which clarified the process for a CPO.

On the motion of Councillor Griffiths, seconded by Councillor Farthing and duly carried, it was

RESOLVED: That

(1) the St Edmundsbury Borough Council (Suffolk Business Park Infrastructure) Compulsory Purchase Order 2015 (“the Order”) under section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) and the Acquisition of Land Act 1981 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and all other enabling

powers, for the acquisition of all legal estates and interests in the land and the acquisition of rights within the areas shown hatched on the draft Order mapproduced as Appendix 1 to Report No: COU/SE/15/015 with such amendment to the final land take and plot boundaries and to substitute the taking of new rights as an alternative to the acquisition of title as may be considered necessary and approved by the Head of Planning and Growth, the Section 151 Officer and the Monitoring Officer, in consultation with the Leader of the Council, for the purposes of securing mixed use development including the provision of the Eastern Relief Road linking Moreton Hall/Suffolk Business Park at Lady Miriam Way to Junction 45 of the A14

Trunk Road, is made; and

(2) the draft Order map that shows areas hatched where the intention is for the acquisition of all interests in the land other than those of the acquiring authority, is noted; and

(3) following confirmation of the Order by the Secretary of State, the use of

the General Vesting Declaration procedure and notice to treat, notice of entry and conveyance where necessary in accordance with the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 to implement the St Edmundsbury Borough Council (Suffolk

Business Park Infrastructure) Compulsory Purchase Order 2015, is authorised; and

(4) the acquisition and appropriation of the land required for the scheme for

planning purposes under the provisions of section 122 of the Local Government Act 1972 and section 237 of the Town and Country Planning Act 1990 in conjunction with (3) above to enable the Council to over-ride private rights, easements and interests (including restrictive covenants

etc) affecting the land required for the scheme, is approved; and

(5) delegated authority be given to the Head of Planning and Growth and Section 151 Officer in consultation with the Leader of the Council to:

(i) take all necessary steps as soon as is reasonably practical to secure the making, submission, confirmation and implementation of the Order (and, where appropriate, amendments to the Order by way of exclusion of interests in land or the addition of interests in land including the investigation of ownership interests) including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry; and subsequent services of Notices to Treat and Notices of Entry or, at their discretion, the execution of General Vesting Declarations as the case may be if the Order be confirmed

(ii) negotiate to acquire all interests in the land and new rights within the Order and rights and interests affected by the Order either by agreement or compulsorily, including prior to the making of the Order; and, whereappropriate, to agree terms for relocation; and

(iii) approve agreements and undertakings with the owners of any interest in the Order and any objectors to the confirmation of the Order setting out the

terms for the withdrawal of objections to the Order including, where appropriate, seeking inclusion in and/or exclusion from the Order of land or new rights; and

(iv) in the event that the question of compensation be referred to the Upper

Tribunal (Lands Chamber), to take all necessary steps in relation thereto

including advising on the appropriate compensation payable and to appoint

appropriate consultants if necessary to assist and advise in this regard.