Issue - meetings

To consider a report of the Cabinet Member for Economy and Regeneration

This report seeks authority to proceed with the acquisition, if necessary by compulsory purchase, and subsequent disposal of 1-3 Lower Hillgate, Stockport, SK1 1LQ (the "Property"). This is  subject to securing an indemnity agreement from a development partner, to enable its redevelopment for primarily residential purposes. The redevelopment of the property will improve the social and environment of the area and specifically support the regeneration of the Market Place and Underbanks area.

The Cabinet is recommended to approve the following recommendations:

(i)        Subject to securing an appropriate indemnity agreement as described at paragraph 3.2 above, that the Council makes a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) and the Acquisition of Land Act 1981 and other relevant powers (“CPO”) to secure the compulsory acquisition of the land shown edged red on the plan at Appendix 1  of this report to acquire all outstanding interests in the land [and to acquire and create new rights] which would facilitate and enable viable and deliverable development in connection with the creation of a residential led development in order to improve the Borough's environmental, economic and social wellbeing.

(ii)       Delegate to the Corporate Director for Place Management &    Regeneration authority  to take all  necessary actions to secure the making, confirmation and implementation of the CPO to :

·           Agree terms with a third party to indemnify the Council against any and all costs arising from the compulsory purchase order and subsequent redevelopment.

·           Make, if necessary, minor or technical amendments to the Compulsory Purchase Order.

·           Modify and settle the draft Statement of Reasons, the Order Map and Order Schedule as necessary to finalise before submission.

·           Request confirmation of the CPO with or without modifications.

·           Approve agreements with landowners setting out the terms for withdrawal of objections to the CPOs, including where appropriate seeking exclusion of land from the CPO.

·           Confirm the order, if he/she is satisfied that it is appropriate to do so and in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order.

·           Approve any agreements in order to secure the withdrawal of their objection

·           Confirm the CPO should no objections be received and the Secretary of State confirms that the Council may do so

·           Agreeing to promote any modifications should this be expedient

·           Agreeing confirmation of the CPO with modifications if it appears expedient to do so

·           If the question of compensation is referred to the Upper Tribunal, to take all necessary steps in relation thereto

(iii)      Delegate to the Corporate Director for Place Management &  Regeneration authority  to take all  and any necessary actions to  approve the purchase price, advance payments and all other compensation payments  payable in respect of land and buildings included in  the CPO,  and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation

(iv)     That upon acquisition, the land acquired under the Order be held for planning purposes and vested in the Investment and Development Account.

(v)       That compensation for those with a compensatible interest will be paid in accordance with the law on compulsory purchase (or payments as are deemed reasonable in the circumstances) and the provision of property or services in lieu of compensation, in contemplation of the Order being made.

(vi)     Authorise the Head of Legal and Democratic Services to do all things necessary or incidental to the implementation of the above resolutions 

Officer Contact: George Perrin on 0161 474 4510 or email: george.perrin@stockport.gov.uk

The Cabinet Member for Economy & Regeneration submitted a report (copies of which had been circulated) seeking authority to proceed with the acquisition, if necessary by compulsory purchase, and subsequent disposal of 1-3 Lower Hillgate, Stockport, SK1 1LQ, subject to securing an indemnity agreement from a development partner, to enable its redevelopment for primarily residential purposes. The redevelopment of the property would improve the social and environment of the area and specifically support the regeneration of the Market Place and Underbanks area.

RESOLVED – (1) That subject to securing an appropriate indemnity agreement as described at paragraph 3.2 of the report, approval be given to the Council making a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) and the Acquisition of Land Act 1981 and other relevant powers (“CPO”) to secure the compulsory acquisition of the land shown edged red on the plan at Appendix 1  to the report to acquire all outstanding interests in the land (and to acquire and create new rights) which would facilitate and enable viable and deliverable development in connection with the creation of a residential led development in order to improve the Borough's environmental, economic and social wellbeing.

(2) That the Corporate Director for Place Management & Regeneration be authorised to take all necessary actions to secure the making, confirmation and implementation of the CPO to :

(i)            agree terms with a third party to indemnify the Council against any and all costs arising from the compulsory purchase order and subsequent redevelopment;

(ii)          make, if necessary, minor or technical amendments to the Compulsory Purchase Order;

(iii)         modify and settle the draft Statement of Reasons, the Order Map and Order Schedule as necessary to finalise before submission;

(iv)         request confirmation of the CPO with or without modifications;

(v)          approve agreements with landowners setting out the terms for withdrawal of objections to the CPOs, including where appropriate seeking exclusion of land from the CPO;

(vi)         confirm the order, if satisfied that it was appropriate to do so and in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order;

(vii)        approve any agreements in order to secure the withdrawal of their objection;

(viii)      confirm the CPO should no objections be received and the Secretary of State confirms that the Council may do so;

(ix)         agree to promote any modifications should this be expedient;

(x)          agree confirmation of the CPO with modifications if it appears expedient to do so; and

(xi)         if the question of compensation is referred to the Upper Tribunal, to take all necessary steps in relation thereto.

(3) That the Corporate Director for Place Management & Regeneration be authorised to take all and any necessary actions to approve the purchase price, advance payments and all other compensation payments  payable in respect of land and buildings included in the CPO, and to authorise acquisitions by agreement where the use of compulsory purchase powers was in contemplation.

(4) That upon acquisition, the land acquired under the Order be held for planning purposes and vested in the Investment and Development Account.

(5) That compensation for those with a compensatible interest will be paid in accordance with the law on compulsory purchase (or payments as are deemed reasonable in the circumstances) and the provision of property or services in lieu of compensation, in contemplation of the Order being made.

(6) That the Head of Legal and Democratic Services be authorised to do all things necessary or incidental to the implementation of the above resolutions.

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details a proposal to proceed with the acquisition, if necessary by compulsory purchase, and subsequent disposal of 1-3 Lower Hillgate, Stockport, SK1 1LQ subject to securing an indemnity agreement from a development partner to enable its redevelopment for residential purposes. 1-3 Lower Hillgate is show edged red and marked “1” on the plan in Appendix 1. This will support the regeneration of the Market Place and Underbanks area.

The Scrutiny Committee is recommended to comment on and note the report.

Officer contact: George Perrin on 0161-474-4510 or email: george.perrin@stockport.gov.uk

The Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing a proposal to proceed with the acquisition, if necessary, by compulsory purchase and subsequent disposal of 1-3 Lower Hillgate, Stockport, subject to securing an indemnity agreement from a development partner to enable its redevelopment for residential purposes. The proposed Compulsory Purchase Order would support the regeneration of the Market Place and Underbanks area.

The report would be considered by the Cabinet at its meeting to be held on 15 August 2017.

The Cabinet Member for Economy and Regeneration (Councillor Kate Butler) attended the meeting to respond to Members’ questions.

With regard to paragraph 5.3 of the report, Members asked to be updated when it was known if the existing owner was to continue with the planning application for the site.

RESOLVED – (1) That the Cabinet be recommended to approve the recommendations in the report.

(2) That a further report be submitted to this Scrutiny Committee in six months’ time updating Members on the negotiations.

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details a proposal to proceed with the acquisition, if necessary by compulsory purchase, and subsequent disposal of 1-3 Lower Hillgate, Stockport, SK1 1LQ subject to securing an indemnity agreement from a development partner to enable its redevelopment for residential purposes. 1-3 Lower Hillgate is show edged red and marked “1” on the plan in Appendix 1. This will support the regeneration of the Market Place and Underbanks area.

The Scrutiny Committee is recommended to comment on and note the report.

Officer contact: George Perrin on 0161-474-4510 or email: george.perrin@stockport.gov.uk

The Corporate Director for Place Management & Regeneration submitted a report (copies of which had been circulated) setting out a proposal to proceed with the acquisition, if necessary by compulsory purchase, and subsequent disposal of 1-3 Lower Hillgate, Stockport, SK1 1LQ subject to securing an indemnity agreement from a development partner to enable its redevelopment for residential purposes. 1-3 Lower Hillgate as edged red and marked “1” on the plan in Appendix 1. This would support the regeneration of the Market Place and Underbanks area.

The Leader of the Council (Councillor Alex Ganotis) attended the meeting to present the report and answer members’ questions.

Members of the Scrutiny Committee welcomed the proposals.

RESOLVED – (1) That the Cabinet be recommended to approve the recommendations in the report.

(2) That a further report be submitted to this Scrutiny Committee in six months updating members on the negotiations.