Issue - meetings

To consider a report of the Executive Councillor (Support & Governance)

This report recommends that authority is granted to make a compulsory purchase order to acquire the further properties needed for the latter phases of Stockport Exchange, should agreement not be reached through the existing private treaty negotiations.

The Executive is recommended to agree to the following:-

1.    That the Executive agrees to the making of a Compulsory Purchase Order under s.226(1)(a) of the Town and Country Planning Act 1990 (as amended), s.13 of the Local Government (Miscellaneous Provisions) Act 1976, and all other relevant powers to acquire all outstanding land and interests required for Phases 6 and 7 of Stockport Exchange and to create new rights facilitating the proposed development and treatment of elevations of properties affected, together with the right to erect, repair, maintain and improve those elevations.

2.    That if the CPO is confirmed, the Executive agrees to the acquisition of the land and rights the subject of the CPO subject to there being no material change in circumstances that would mean that it could not properly pursue the CPO.

3.    That the Executive agrees to carry out and enter into arrangements to secure the appropriation for planning purposes of the land required for the development in order to utilise the power contained in Sections 232 and  237 of the Town and Country Planning Act 1990 (as amended).

4.    That the Executive authorises the Corporate Director of Place Management and Regeneration and Borough Treasurer (1) to take all necessary steps to implement these resolutions and to appropriate land, in accordance with the terms set out in this Report and (2) to approve agreements with landowners setting out the terms of withdrawals of objections to the Order including where appropriate the exclusion of land from the Order, to make deletions from, and/or minor amendments, and modifications to the proposed Order and Order Plans, to agree to refrain from vesting any land/rights included within the Order should this be in their opinion appropriate, and to negotiate terms for the acquisition by agreement of any outstanding interests/rights in the land within the Order prior to its confirmation.

Officer contact: George Perrin/ Michael Bownes, 0161 474 4520/ 3212, George.perrin@stockport.gov.uk / Michael.bownes@stockport.gov.uk

The Executive Councillor (Support & Governance) submitted a report (copies of which had been circulated) inviting the Executive to grant authority to make a compulsory purchase order to acquire the further properties needed for the latter phases of Stockport Exchange, should agreement not be reached through the existing private treaty negotiations.

RESOLVED – That in relation to Stockport Exchange:-

  (i)       the Executive agrees to the making of a Compulsory Purchase Order under s.226(1)(a) of the Town and Country Planning Act 1990 (as amended), s.13 of the Local Government (Miscellaneous Provisions) Act 1976, and all other relevant powers to acquire all outstanding land and interests required for Phases 6 and 7 of Stockport Exchange and to create new rights facilitating the proposed development and treatment of elevations of properties affected, together with the right to erect, repair, maintain and improve those elevations.

 (ii)       if the CPO is confirmed, the Executive agrees to the acquisition of the land and rights the subject of the CPO subject to there being no material change in circumstances that would mean that it could not properly pursue the CPO.

(iii)       the Executive agrees to carry out and enter into arrangements to secure the appropriation for planning purposes of the land required for the development in order to utilise the power contained in Sections 232 and  237 of the Town and Country Planning Act 1990 (as amended).

(iv)       the Executive authorises the Corporate Director of Place Management and Regeneration and Borough Treasurer (1) to take all necessary steps to implement these resolutions and to appropriate land, in accordance with the terms set out in this Report and (2) to approve agreements with landowners setting out the terms of withdrawals of objections to the Order including where appropriate the exclusion of land from the Order, to make deletions from, and/or minor amendments, and modifications to the proposed Order and Order Plans, to agree to refrain from vesting any land/rights included within the Order should this be in their opinion appropriate, and to negotiate terms for the acquisition by agreement of any outstanding interests/rights in the land within the Order prior to its confirmation.

To consider a report of the Corporate Director for Place Management and Regeneration and Borough Treasurer

The report relates to the proposed compulsory acquisition of those land interests required to facilitate the Stockport Exchange development scheme. It primarily affects the land between Railway Road and Station Road on the Wellington Road South frontage, as shown on Plan 1 attached as Appendix 1 to the report, and involves freehold and leasehold interests, third party rights and landowners impacted by the creation of new rights.   A Compulsory Purchase Order is proposed to achieve the acquisitions.

The Scrutiny Committee is invited to comment on the report, prior to its consideration by the Executive Meeting.

Officer Contacts: George Perrin/Michael Bownes on 0161 474 4510/3212 or email: george.perrin@stockport.gov.uk/michael/bownes@stockport.gov.uk

The Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) relating to the proposed compulsory acquisition of those land interests required to facilitate the Stockport Exchange development scheme. It primarily affected the land between Railway Road and Station Road on the Wellington Road South frontage, as shown on Plan 1 attached as Appendix 1 to the report, and involved freehold and leasehold interests, third party rights and landowners impacted by the creation of new rights.

Negotiations for the relevant acquisitions had progressed with the majority of the owners and occupiers involved in the subject properties, but it was clear that all the acquisitions necessary could not be achieved by agreement. If acquisitions could be agreed and completed in due course, the relevant land/interest would be withdrawn from the Compulsory Purchase Order (CPO). Inclusion of land or rights in a CPO did not involve a commitment to purchase come what may.

The Deputy Leader of the Council (Councillor Iain Roberts) attended the meeting to respond to Members’ questions. The report would be submitted to the Executive Meeting on 26 April 2016.

The following comments were made/issues raised:-

·         Every effort would be made to find an alternative location for the proprietor of Turner’s art shop, should he wish to continue in business.

·         The environmental reasons for the CPO needed to be significantly strengthened.

·         There was the possibility that following the making of the CPO the Council would receive blight notices from affected parties giving rise to liabilities.

·         It would be some years before some of the properties would be the subject of a CPO.

·         Support was given for that part of the guidance which stated ‘bodies possessing Compulsory Purchase powers are encouraged to consider using them proactively wherever appropriate to ensure real gains are brought to residents and the business community without delay’.

RESOLVED – That the Executive Meeting be advised that this Scrutiny Committee supports the Wellington Road South Compulsory Purchase Order as part of the Stockport Exchange Redevelopment Scheme.