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 5 will be conditional upon the adoption of the recommendation at Agenda Item 12.

The Cabinet considered a report of Councillor Miles Parkinson OBE, Leader of the Council, regarding authorisation for the making of a Compulsory Purchase Order for Burtons Chambers.

The Leader outlined some key points within the report in relation to the process of developing the Town Centre Investment Plan (TCIP) and the resultant Accrington Acre redevelopment, as well as noting the potential to draw in £70m investment, which would build upon £55m of public and private monies already invested.  Regeneration of Burtons Chambers had always been an ambition of the Council following its slow decline as retail premises over a period of 20 years.  The approvals being sought today would ensure that there would be no delay in progressing the current plans by putting in place the necessary authorisations.  The acquisition of the relevant freeholds had been resolved, but dialogue was still on-going in relation to leaseholders.  Good progress was being made and, ultimately, a CPO might not be required.

Councillor Dad commented that he was satisfied that all the correct steps were being undertaken to progress the project.  The Leader added that the whole scheme was something of a jigsaw, but all of the pieces were now falling into place.  This had taken a lot of hard work by the stakeholders, officers and consultants.

Approval of the report was a key decision.

Reasons for Decision

The report:

• Updated Cabinet on progress to date with the acquisition of interests in two interventions within theCouncil’s Levelling Up Funding (LUF) programme.

·        Invited Cabinet 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 Burtons Chambers where agreement could not be reached in order to deliver the comprehensive 'Accrington Acre' redevelopment which was the subject of the LUF submission.

·        Set out details of the proposed order lands by way of a draft CPO plan included as Appendix C to the report.

·        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.

The report included detailed information on the following matters:

• Background and the need for redevelopment;
• Appointment of a 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 interests to be acquired in the Order Lands were set out in the draft CPO Schedule provided as Appendix D to the report, which appeared in the private part of the Agenda (Minute 338 refers));
• The need for a Compulsory Purchase Order;
• Details of attempts to acquire interests by agreement;
• The planning position of the Order Land; and
• Funding.

In summary, the recommendations were brought forward in order to progress the redevelopment of the ‘Accrington Acre’ and contribute to the implementation of the TCIP.

If the Accrington Acre redevelopment did not take place, then not only would the area continue to decline and have an increasing negative impact on the town centre as a whole, but it would not benefit from the investment needed for it to become a vibrant and competitive centre able to meet the changing needs of the public.

Making the CPO was the most realistic option available to the Council to acquire all the interests necessary to facilitate the proposed redevelopment of the Order Land within the funding timescales if sale by agreement was not achieved.  Compulsory purchase processes were fair and reasonable, providing those affected with the opportunity to object and providing the statutory framework for compensation, with a process for disputed compensation claims to be settled by the Upper Tribunal of the Lands Chamber, if required.

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)   Subject to satisfactory compliance with the appropriate subsidy control regime requirement and both the Council and the Department for Levelling Up, Housing and Communities signing a Memorandum of Understanding to secure the LUF monies and having concluded that the acquisition of all interests at Burtons Chambers (61-79 Blackburn Road, Accrington, BB5 1JJ) will facilitate the commencement of 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:

(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,

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 edged red and coloured pink on the plan (Order Land) attached at Appendix C entitled ‘Map referred to in the Hyndburn Borough Council (Burtons 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 first intervention in 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):

(a)    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;

(b)   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;

(c)   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;

(d)  that if the Secretary of State authorises the Council to do so, to 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 authorises, 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 in agreeing to recommendations (1) – (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:

(a)    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'.

(b)   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)   That in agreeing to recommendations (1) – (4) above, Cabinet has had due regard to the Equality Act 2010.