Agenda item

Heart of Slough - Compulsory Purchase of Land and Interests in Land - Proposed New Learning and Cultural Centre at Day Centre and Prudential Yard, William Street, Slough

Decision:

(a)   That the progress on the Heart of Slough Project generally and the current position on how far negotiations have progressed on the acquisition of the land, interests in the land and new rights in the land which are the subject of this report be noted.

 (b)   That the Council owned land hatched black on Plan 2 be appropriated to planning purposes pursuant to Section 122(1) of the Local Government Act 1972 in order to advance the development of the proposed new Learning and Cultural Centre.

 (c)   That the Council make a Compulsory Purchase Order pursuant to Section 226 (1) (a) of the Town and Country Planning Act 1990 and Section 13 of the Local Government (Miscellaneous Provisions) Act1976 for the acquisition of the land and interests in the land which is shown coloured pink on Plan 3 and in respect of the acquisition of new rights over the land shown coloured blue on the said Plan 3, which is required for implementation of the proposed Learning and Cultural Centre.

 (d)  That the Strategic Director of Resources be authorised to:-

 (i) take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry.

(ii)  to acquire the land, the interests in the land and new rights within the Compulsory Purchase Order either by agreement or compulsorily.

(iii)where appropriate agreement has been reached to reduce or delete the plots of land which are the subject of the Compulsory Purchase Order as shown on Plan 3.

(iv)  to approve agreements with land owners and other interested parties setting out the terms for the withdrawal of objections to the Compulsory Purchase Order.

 (e)   That the Acting Borough Secretary and Solicitor be authorised to prepare, approve and execute all the necessary documentation required throughout the CPO process including the transfer of the land and interests in the land to the Council and the settlement and litigation of any compensation claims.

 (f)  That in the event of a reorganisation of Council functions and the re-designation of posts the authorisations approved in paragraphs 2.2-2.5 (inclusive) will be transferred to those postholders who are responsible for the functions of Regeneration and Legal Services respectively.

 

Minutes:

The Cabinet considered a report seeking approval to:

 

·  Appropriate land owned by the Council to planning purposes.

 

·  Make a Compulsory Purchase Order (CPO) under Section 226 (1) (a) of the Town and Country Planning Act 1990 (the 1990 Act) and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of the land and interests in land at the proposed new Learning and Cultural Centre which form part of the Heart of Slough project.

 

The report set out the matters Members must take into consideration when considering the use of Compulsory Purchase powers.  A number of statutory tests needed to be considered and Members also needed to be satisfied –

 

·  That the proposed development of the Learning and Cultural Centre would not be blocked by any planning problems – Members were advised that outline planning permission for the Heart of Slough Project as a whole had been granted , an environmental impact assessment undertaken and full planning permission for the Learning and Cultural Centre had been issued on 5th August 2010.

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·  That the proposed Learning and Cultural Centre was potentially viable and achievable – Members were advised that the Council was committed to fund and manage the Centre.

 

·  That consideration had been given on how the use of a CPO would impact on those whose human rights might be infringed if compulsory acquisition occurred – Members were advised that a CPO would interfere with the landowners human rights (which were set out in the report) but these rights were qualified and not absolute and provided Members considered that the public benefits of the proposal outweighed these individual rights then a CPO could be served. 

 

Members discussed the possibility of Blight Notices being submitted and were advised that none of the properties within the land the Council wished to acquire fell into the categories that would enable a Blight Notice to be submitted and the risk was very low.  Members noted that the land in question sat in both Upton and Central Wards.  In agreeing the resolution Members confirmed that the statutory tests had been met.

 

Resolved –

 

(a)   That the progress on the Heart of Slough Project generally and the current position on how far negotiations have progressed on the acquisition of the land, interests in the land and new rights in the land which are the subject of this report be noted.

(b)   That the Council owned land hatched black on Plan 2 be appropriated to planning purposes pursuant to Section 122(1) of the Local Government Act 1972 in order to advance the development of the proposed new Learning and Cultural Centre.

(c)   That the Council make a Compulsory Purchase Order pursuant to Section 226 (1) (a) of the Town and Country Planning Act 1990 and Section 13 of the Local Government (Miscellaneous Provisions) Act1976 for the acquisition of the land and interests in the land shown coloured pink on Plan 3 and in respect of the acquisition of new rights over the land shown coloured blue on the said Plan 3, which are required for implementation of the proposed Learning and Cultural Centre.

(d)  That the Strategic Director of Resources be authorised to:-

(i)   take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order including the publication and service of all notices and the presentation of the Council’s case at any Public Inquiry.

(ii)  to acquire the land, the interests in the land and new rights within the Compulsory Purchase Order either by agreement or compulsorily.

(iii)  where appropriate agreement has been reached to reduce or delete the plots of land which are the subject of the Compulsory Purchase Order as shown on Plan 3.

(iv)  to approve agreements with land owners and other interested parties setting out the terms for the withdrawal of objections to the Compulsory Purchase Order.

(e)   That the Acting Borough Secretary and Solicitor be authorised to prepare, approve and execute all the necessary documentation required throughout the CPO process including the transfer of the land and interests in the land to the Council and the settlement and litigation of any compensation claims.

(f)  That in the event of a reorganisation of Council functions and the re-designation of posts the authorisations approved in paragraphs 2.2-2.5 (inclusive) will be transferred to those postholders who are responsible for the functions of Regeneration and Legal Services respectively.

Supporting documents: