Issue - meetings

Regeneration of Peach Place Compulsory Purchase Order

Meeting: 30/07/2015 - Executive (Item 40)

40 Regeneration of Peach Place Compulsory Purchase pdf icon PDF 243 KB

Additional documents:

Decision:

That:

1)         the Council should make a compulsory purchase order ("CPO") to include the land required to deliver the proposed regeneration of land known as Peach Place, Peach Street, Wokingham as shown indicatively edged red on the draft plan at Appendix 1 of the report ("the Site") pursuant to section  226(1)(a) of the Town and Country Planning Act 1990 (as amended) because it considers that:

 

(a)          the acquisition of the land will facilitate the carrying out of the development, redevelopment or improvement of the Site; and

 

(b)          the development, redevelopment or improvement of the Site is likely to contribute to the achievement of any one or more of the promotion or improvement of the economic, social and environmental well-being of the borough of Wokingham;

 

2)        the Council should include within the CPO the acquisition of new rights within the Site as necessary under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to facilitate the development, redevelopment or improvement on or in relation to the Site;

 

3)        the Chief Executive, in conjunction with the Leader and Executive Member for Regeneration, be authorised to:

 

(a)          take all necessary steps in relation to the Site to secure the making, the confirmation and, in accordance with a programme approved by the Executive, the implementation of the CPO including publication and service of all relative notices and the presentation of the Council's case at any Public Inquiry; and

 

(b)          approve terms for the acquisition of legal interests (including rights) by agreement including for the purposes of resolving any objections  to the CPO;

 

4)        if the CPO is confirmed, to the extent that it is not already held for such purposes, that that part of the Site already within the Council's ownership as shown shaded green on the plan at Appendix 2 of the report be appropriated for planning purposes as described in section 226 of the Town and Country Planning Act 1990 (as amended) on the date immediately before the Council implements the confirmed CPO by the making of a vesting declaration or service of notice to treat/notice of entry, such land being then no longer required for the purpose for which it is currently held.

 

Minutes:

The Executive considered a report relating to the regeneration of Peach Place compulsory purchase order (CPO) which would enable the compulsory acquisition of all necessary land interests to deliver the regeneration of Peach Place.

 

Members were advised by the Deputy Executive Member for Regeneration and Communities that a CPO was a legal function available to local authorities to obtain land, property or associated rights and was often used in regeneration projects where land ownership and rights were complex.  Final approval of any CPO would be made by the Secretary of State and the process consisted of a series of stages that could potentially last up to a year.  Ahead of the process it would be necessary for the acquiring authority to demonstrate that they had attempted to acquire all property and rights by private treaty.  It was noted that the Council had been successful in acquiring property and rights over recent years.

 

Councillor Ashwell also confirmed that the proposal also included the appropriation of all of the land that the Council owned for planning purposes.

 

RESOLVED that:

1)         the Council should make a compulsory purchase order ("CPO") to include the land required to deliver the proposed regeneration of land known as Peach Place, Peach Street, Wokingham as shown indicatively edged red on the draft plan at Appendix 1 of the report ("the Site") pursuant to section  226(1)(a) of the Town and Country Planning Act 1990 (as amended) because it considers that:

 

(a)          the acquisition of the land will facilitate the carrying out of the development, redevelopment or improvement of the Site; and

 

(b)          the development, redevelopment or improvement of the Site is likely to contribute to the achievement of any one or more of the promotion or improvement of the economic, social and environmental well-being of the borough of Wokingham;

 

2)        the Council should include within the CPO the acquisition of new rights within the Site as necessary under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to facilitate the development, redevelopment or improvement on or in relation to the Site;

 

3)        the Chief Executive, in conjunction with the Leader and Executive Member for Regeneration, be authorised to:

 

(a)          take all necessary steps in relation to the Site to secure the making, the confirmation and, in accordance with a programme approved by the Executive, the implementation of the CPO including publication and service of all relative notices and the presentation of the Council's case at any Public Inquiry; and

 

(b)          approve terms for the acquisition of legal interests (including rights) by agreement including for the purposes of resolving any objections  to the CPO;

 

4)        if the CPO is confirmed, to the extent that it is not already held for such purposes, that that part of the Site already within the Council's ownership as shown shaded green on the plan at Appendix 2 of the report be appropriated for planning purposes as described in section 226 of the Town and Country Planning Act 1990 (as  ...  view the full minutes text for item 40