Agenda item

The main portion of the Limborough Road Redevelopment project is proceeding to plan.  Preliminary works by way of site investigation have already been largely completed.  Phase II of this scheme necessitates a number of further legal interests in land comprising this phase of the development to be acquired.  As a consequence, negotiations have been conducted by Master Property Trading Ltd to purchase the remaining interests that comprise the Phase II development land.  In the main those negotiations have been largely successful, with agreement for the acquisition of a number of interests being obtained.  There remains, however, at least one interest for which no agreement has been reached.

In order to bring a higher degree of certainty to delivery of Phase II, acquisition of all interests required to facilitate the development will be required.  Because the negotiated settlement route has not produced all of the agreements necessary to facilitate development, it is now considered appropriate to place before this Council an option which would allow acquisition to proceed.  Essentially this will require that a Compulsory Purchase Order be made which, if approved by the Confirming Authority, will enable all those legal interests to be acquired by compulsory acquisition.

A request was received from Bushbuy Ltd, the project managers for the development, for this Council to consider making preparations for the making of a Compulsory Purchase Order to facilitate Phase II of the Limborough Road Development.  This request was considered by the Executive in November 2005 with approval being given for Requisition for Information Notices being dispatched to all known parties with a compensatable legal interest. This exercise was completed by January 2006. 

The developer has now made a further request that this Council makes the relevant Compulsory Purchase Order in order to provide certainty to delivery of Phase II of the overall project. 

This Council is obligated under the Development Agreement to use its reasonable endeavours to make such an order.  However any decision is within the absolute discretion of this Council.  On the basis that negotiations have now reached a point whereby all agreements which can be made have been completed without a CPO being made, it is now considered appropriate that consideration is given to the making of a CPO.  This would then allow such steps to be taken to progress confirmation of the Order and thus be consistent with this Councils support of the development at Limborough Road.

The site in its entirety is identified in outline in red on the attached plan.  Within the site boundary it is proposed that all required interests be acquired.  The developer has confirmed the red lined site as being the precise extent of the land required to facilitate Phase II.  As a consequence this site now forms the identified land that it is proposed is subject to the Compulsory Purchase Order.

It is the belief that due to the failure of a negotiated settlement for all legal interests that a compelling case which is in the public interest now exists.  It is therefore proposed that under The Acquisition for Land Act 1981 as amended by the Planning and Compulsory Purchase Act 2004 that the relevant order be sought to facilitate Phase II of the Limborough Road development.

Once the CPO has been made the statutory process will governing the procedure of implementation will commence.  The intitial steps will be to notify all known persons with an interest via a notice being served on them, together with a public announcement in the local press inviting representations/objections to be made within 21 days.

Master Property Trading will bear all reasonable costs and expenses including fees, disbursements and compensation in relation to the CPO. 

Recommendation

that this Council confirm the making of a Compulsory Purchase Order to encompass all land and legal interests which exist within the red lined site as identified by Plan A.

(Time: 3.16pm to 3.19pm)

The Executive received and considered an agenda report regarding the Limborough Road development at Wantage.  The main portion of the Limborough Road redevelopment project was proceeding to plan.  Preliminary works by way of site investigation had already been largely completed.  Negotiations had been conducted by Master Property Trading Limited to purchase the remaining interests that comprised the Phase 2 development land.  Those negotiations had been largely successful, with agreement for the acquisition of a number of interests being obtained. 

In order to bring a higher degree of certainty to delivery of Phase 2, acquisition of all interests required to facilitate the development would be required.  As the negotiated settlement route had not produced all of the agreements necessary to facilitate development, it was suggested that it was appropriate to use a Compulsory Purchase Order. 

The Executive considered that, due to the failure of a negotiated settlement for all legal interests, a compelling case in the public interest now existed for the Compulsory Purchase of the remaining land within the site outlined in red on the plan attached to the agenda report.  It is therefore agreed that under The Acquisition for Land Act 1981, as amended by the Planning and Compulsory Purchase Act 2004, that the relevant Order should be sought to facilitate Phase 2 of the Limborough Road development.  It was noted that Master Property Trading would bear all reasonable costs and expenses including fees, disbursements and compensation in relation to the Order.  The Executive noted that the Order would bring certainty to the Phase 2 development and would enhance the town centre. 

RESOLVED

that the making of a Compulsory Purchase Order be confirmed to encompass all land and legal interests which exist within the red lined site at Limborough Road, Wantage as identified by Plan A appended to the agenda.