Agenda item

Compulsory Purchase Order

Decision:

That:

 

1)        the Council should make a compulsory purchase order ("CPO") to include the land required to deliver the proposed regeneration of land south of Wellington Road Wokingham known as Carnival Pool shown indicatively edged red on the 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 Deputy 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, confirmation and 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 coloured blue 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, such land being then no longer required for the purpose for which it is currently held.

 

Minutes:

The Executive considered a report setting out a proposal to use compulsory purchase order (CPO) powers to acquire the remaining areas of land at the Carnival Pool site to enable the delivery of the final phase of the town centre regeneration in accordance with detailed planning consent which was granted in February 2018.

 

The Executive Member for Business and Economic Development drew Members’ attention to the plan within the report which showed how much of the site was currently in the Council’s ownership and where Southgate House was situated within the site.  Councillor Munro advised the meeting that negotiations to acquire the land had taken place over a long period with the owners of Southgate House, including putting forward alternative buildings, but unfortunately no agreement had been reached.

 

Councillor Munro also reminded the meeting that in March 2017 the Executive had decided to authorise the in principle making of this CPO to acquire the necessary interests in the relevant land and the purpose of this decision was to confirm the detail of the CPO process that would be followed.

 

RESOLVED that:

 

1)        the Council should make a compulsory purchase order ("CPO") to include the land required to deliver the proposed regeneration of land south of Wellington Road Wokingham known as Carnival Pool shown indicatively edged red on the 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 Deputy 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, confirmation and 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 coloured blue 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, such land being then no longer required for the purpose for which it is currently held.

 

Supporting documents: