Agenda item

Report attached.

Appendix D to this report, containing exempt information, appears at Agenda Item 12, in Part C of the Agenda.  The implementation of the decisions taken under Agenda Item 8 will be conditional upon the adoption of the recommendation at Agenda Item 12.

The Cabinet considered a report of Councillor Mohammed Younis, Portfolio Holder for Levelling Up, regarding progress to date with the acquisition of interests in the Market Chambers intervention within the Council’s Levelling Up Funding (LUF) programme.

Cabinet was being invited to authorise the making of a Compulsory Purchase Order (CPO) under Section 226(1)(a) of the Town and Country Planning Act 1990 to acquire compulsorily land, existing rights and interests at Market Chambers where agreement could not be reached in order to deliver the comprehensive 'Accrington Acre' redevelopment which was the subject of the LUF submission.

The proposed order lands were shown (edged in red) in the draft CPO plan set out at Appendix C to the report.

This report also sought approval for the Executive Director (Environment), following consultation with the Executive Director (Legal & Democratic Services) to agree compensation and acquisition payments where this would avoid the need to compulsorily purchase interests.

Councillor Younis outlined the main elements of the report.  Members were also informed that Appendix D to the report appeared in the private part of the Agenda and that any decisions taken on the current Agenda Item would be subject to approval of the recommendation at Item 12.

Councillor Munsif Dad BEM JP expressed that view that every effort should be made to liaise with the occupiers of the premises to support their relocation to alternative premises.  Councillor Younis confirmed that this was already happening and that the Council was working with them closely.

Approval of the report was a key decision.

Reasons for Decision

The report provided detailed information on the following:

• Background and the need for redevelopment;
• Timescale for delivery;
• Appointment of preferred developer and partner/operator;
• Land assembly and obtaining clean title to the land;
• Description of the order land;
• Description of interests in the order land;
• The need for a Compulsory Purchase Order;
• Details of attempts to acquire interests by agreement;
• Planning;
• Funding; and
• Consultations undertaken.

Alternative Options considered and Reasons for Rejection

The Council’s preference was to acquire the Order Land by agreement with those with an interest in the Order Land.  However, this could not be guaranteed and therefore a CPO would be needed where agreement could not be reached in a timely manner.

Resolved                                 (1)   Having concluded that the acquisition of all interests at Market Chambers (43-59 Blackburn Road / 2- 4 Church Street) will facilitate the redevelopment and improvement of the ‘Accrington Acre’ within the approved strategic Town Centre Investment Plan (TCIP) and that such a redevelopment is likely to contribute to the achievement of any one or more of the following objectives:

·      The promotion or improvement of the economic well-being of the area

·      The promotion or improvement of the social well-being of the area

·      The promotion or improvement of the environmental well-being of the area

Cabinet resolves to take all necessary steps to make and secure the confirmation and implementation of a Compulsory Purchase Order (CPO) to acquire compulsorily all or part of the land shown coloured pink and edged red on the plan (Order Land) set out in the report at Appendix C entitled Map referred to in the Hyndburn Borough Council (Market Chambers) Compulsory Purchase Order 2023 (the CPO Map), together with all rights and interests affecting that land (which may be extinguished or overridden) in order to enable the implementation of the second intervention forming part of the 'Accrington Acre' redevelopment.  Those steps include the publication and service of all notices and the presentation of the Council's case at any public inquiry if required.

(2)   That Cabinet resolves to delegate authority to the Executive Director (Environment), following consultation with the Executive Director (Legal & Democratic Services):

·      to finalise the wording of the CPO and the Statement of Reasons and to make any final adjustments as may be necessary to reduce the boundaries of the CPO Map and take all steps necessary to make and confirm the CPO;

·      to take all steps to seek to acquire any or all of the necessary interests in the Order Land by agreement or by utilising and implementing any confirmed compulsory acquisition powers;

·      to negotiate and agree the terms of such acquisitions, settle claims for compensation and to enter into such agreements or deeds necessary for the acquisition of all or part of the Order Land;

·      that if the Secretary of State authorises the Council to do so, confirm any CPO made.

(3)   That Cabinet resolves to utilise, where appropriate, either the general vesting declaration procedure under the Compulsory Purchase (Vesting Declarations) Act 1981 or the notice to treat procedure under Section 5 of the Compulsory Purchase Act 1965 in respect of the confirmed CPO.

(4)   That Cabinet agrees, under Section 6(4) of the Acquisition of Land Act 1981 to dispense with individual service of notices in respect of land where the Council is satisfied that it has not been possible following the making of reasonable inquiry to establish ownership of the land in question and for the service of notices in the manner set out in Section 6(4) of the Acquisition of Land Act 1981.

(5)   That Cabinet confirms that, in agreeing to recommendations (2) – (4) above, Cabinet has considered the provisions of the Human Rights Act 1998 so far as they might be applicable in deciding whether or not to make the CPO and all other statutory powers that the Council seeks to exercise and resolves the following:

·      With regard to Article 8 it is considered that in balancing the rights of the individuals who are affected by the CPO against the benefit to the community of proceeding with the CPO, the making of the CPO resulting in the interference with the individuals rights is justified in the interests of improving the economic, environmental and social well-being of the 'Accrington Acre' and wider town centre.

·      With regard to Article 1 Protocol 1, it is considered that the interference with the individual's property is justified by the advantages accruing to the public by proceeding with the redevelopment of the 'Accrington Acre' particularly taking into account the fact that there is a legal right to compensation for the property taken and any rights extinguished under the CPO.

(6)   Cabinet confirms that, in agreeing to recommendations (2) – (5) above, Cabinet has had due regard to the Equality Act 2010.