Agenda item
Phoenix Phase 1 D Proposal to Promote a Compulsory Purchase Order
Report attached.
Minutes:
The Portfolio Holder for Housing and Regeneration (Councillor Clare Cleary) submitted a report relating to progress and land assembly within the Phoenix Phase 1 D Project Area and seeking a new resolution to promote a Compulsory Purchase Order. Approval of the report was not deemed a key decision.
Reasons for Decision
1) The subject area adjoined land already acquired by the Council either by agreement or pursuant to a previous Compulsory Purchase Order as part of the adjoining phase of development. The subject area was within the final phase of the development known as Project Phoenix.
2) Since February 2008 when Cabinet resolved to take all necessary steps to make a Compulsory Purchase Order, a number of known interests had been acquired by agreement, however, despite several years of negotiations with the owner of land to the south west of Newark Street, acquisition of that property by agreement had not been possible. Part of the site was also unregistered title and in unknown ownership.
3) A Compulsory Purchase Order was seen as the last resort to bring in the remaining interest and unregistered title within a reasonable timescale to facilitate the regeneration plans. The Order would enable the Council to acquire and demolish the remaining structures so that site investigations could be carried out and a remediation strategy produced in accordance with the planning application.
Alternative Options Considered and Reasons for Rejection
1) Whilst negotiations would continue even if a Compulsory Purchase Order was approved, they had proven unsuccessful thus far and there was no indication that a settlement by agreement was imminent. As such a Compulsory Purchase Order was viewed as essential if that area was to be developed in a reasonable time frame.
2) The option to exclude that part of the site should be discounted, as by developing that area in a way that was more sympathetic to the adjoining development, the Council would avoid the detrimental effects of leaving non-residential uses in an area in which the objectives were to improve the residential environment and removal of likely contamination.
Resolved (1) That having concluded that acquisition of the remaining interests would facilitate the carrying out of redevelopment of Phoenix Phase 1 D and that such development was likely to contribute to the achievement of one or more of the following objectives:-
a) the promotion or improvement of the economic well-being of the area
b) the promotion or improvement of the social well-being of the area
c) the promotion or improvement of the environmental well-being of the area
and
being satisfied that the interference with Human Rights was in the public interest and both necessary and proportionate in bringing about the improvements that would follow from any redevelopment or improvement
It be agreed that all necessary steps be taken to make a Compulsory Purchase Order using the most appropriate powers to facilitate the purchase of all necessary legal interests in or affecting the land identified in the area shaded pink on the plan attached to the report at Appendix 1 (“the subject area”) in order to secure the acquisition, land assembly and clearance of the subject area and to facilitate its development;
(2) That the disposal of all or any part of the Phoenix 1 D Project Area, (shown edged red on the plan at Appendix 2 to the report), once acquired by the Council, be authorised and negotiation and agreement of the terms of the related building licence and of such disposals be delegated to the Head of Regeneration and Housing, in consultation with the Executive Director (Legal and Democratic Services); and,
(3) That the Head of Housing and Regeneration be authorised and delegated authority to agree terms and enter into a variation of the Overarching Development Agreement to include all areas of the Phoenix Phase 1 D Project Area.
Supporting documents:
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