Councillor Mrs N Bramhall, Executive Member for Property presented the report proposing the use of compulsory purchase powers to ensure progress with the development of the Marketfield Way, which was key to the future redevelopment of Redhill.
The report set out relevant statutory powers, background and key information, development proposals and all relevant implications.
At its meeting on 23 March 2017 the Executive agreed to progress to the next stage of the project, which included confirming the land assembly to enable the project to come forward.
Consultants were working on behalf of the Council and, where possible, interests were being acquired through private treaty or by not renewing commercial leases as they expired. It was anticipated, however, that there would be instances where agreement could not be reached, in which case compulsory purchase would be the only option to ensure that all the land could be secured to enable this important regeneration project to progress.
(i) a Compulsory Purchase Order be made under Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) and the Acquisition of Land Act 1981 and other relevant powers to secure the compulsory acquisition of the land shown edged red on the plan at Annex 1 of the report to the Executive to acquire all outstanding interests in the land [and to acquire and create new rights] which would facilitate and enable viable and deliverable development in connection with the creation of a mixed use development in order to improve the Borough's environmental, economic and social wellbeing;
(ii) the Head of Property be authorised, in consultation with the Executive Member for Property, to make, if necessary, minor or technical amendments to the Compulsory Purchase Order including the alteration and removal of plots if deemed appropriate;
(iii) the Head of Property be authorised, in consultation with the Executive Member for Property, to modify and settle the draft Statement of Reasons, the Order Map and Order schedule as necessary to finalise before submission to the Secretary of State;
(iv) the Head of Legal Services be authorised, in consultation with the Head of Property and the Executive Member for Property, to seal the Orders and to take all the ancillary or necessary steps, including the publication and service of all statutory notices and presentation of the Council's case at any Public Inquiry, to secure the confirmation of the Compulsory Purchase Order by the Secretary of State and the vesting of the land in the Council;
(v) the Head of Property be authorised, in consultation with the Executive Member for Property, to request confirmation of the CPO with or without modifications;
(vi) the Head of Legal Services be authorised, in consultation with the Head of Property and the Executive Member for Property, to approve agreements with landowners setting out the terms for withdrawal of objections to the CPOs, including where appropriate seeking exclusion of land from the CPO;
(vii) the Head of Property be authorised, in consultation with the Executive Member for Property, to confirm the order, in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order and that he is satisfied that it is appropriate to do so;
(viii) upon acquisition, the land acquired under the Order be held for planning purposes and vested in the Property Department;
(ix) that compensation for those with a compensatible interest will be paid in accordance with the law on compulsory purchase (or payments as are deemed reasonable in the circumstances) and the provision of property or services in lieu of compensation, in contemplation of the Order being made;
(x) the Head of Property be authorised, in consultation with the Executive Member for Property, to take any further necessary actions to secure the making, confirmation and implementation of the CPO including:
• Authorisation to approve any agreements with owners of interests in the CPO land in order to secure the withdrawal of their objection
• Authorisation to confirm the CPO should no objections be received and the Secretary of State confirms that the Council may do so
• Agreeing to promote any modifications should this be expedient
• Agreeing confirmation of the CPO with modifications if it appears expedient to do so
• If the question of compensation is referred to the Upper Tribunal, to take all necessary steps in relation thereto
(xi) the Head of Property be authorised, in consultation with the Executive Member for Property, to take all necessary steps to implement the above resolutions.
Reasons for decision: The site at Marketfield Way had been identified as the most suitable site in Redhill town centre for the provision of a mixed use development and planning permission had been secured for a scheme.
The development site was in multiple occupation and ownership, however, and the proposed scheme could be frustrated if it was not possible to acquire all necessary interests in the site.
Both the Council’s Corporate Plan and adopted Core Strategy recognised the importance of promoting the Borough as a place to do business and providing commercially attractive premises and business infrastructure to deliver economic benefits for the Borough and its residents, through increased investment and the provision of jobs. In particular, the Core Strategy highlighted that Redhill town centre was a priority location for growth and regeneration.
The use of CPO would mean that land ownership does not act as a barrier for development of a scheme in the economic, environmental and social interests of the Borough.
Alternative options: To do nothing and to allow market forces to determine whether the development proceeds.