Agenda item

Report of Head of Regeneration and Estates, Head of Legal and Democratic Services and Head of Development Control and Major Developments

Summary

1.                  To advise Council of the possible need to use compulsory purchase powers to secure the necessary land and rights to complete the Bicester town centre redevelopment

2.                  To ask for approval to the use of compulsory purchase powers to facilitate the implementation of the redevelopment as proposed by Town Centre Retail (Bicester) Ltd in planning permission 07/00422/F, as amended in relation to the central part of the redevelopment site by planning permission 09/01687/F, to assemble the land interests required for the redevelopment, such land interests being shown for indicative purposes only edged red and, in the case of new rights, hatched blue on the plan at Appendix One

3.                  To approve the appropriation of the land edged red on the plan at Appendix Two, being land in the Council’s ownership, for planning purposes.

4.                  To approve the acquisition of the existing service yard to the Crown Walk shopping centre shown edged green on the plan at Appendix Three  for planning purposes so that, if necessary, the powers in section 237 of the Town and Country Planning Act 1990 may be relied upon to override legal interests which might impede the implementation of the redevelopment.

Recommendations

Council is recommended by the Executive:

(1)               To confirm that Cherwell District Council is minded to make a compulsory purchase order in respect of:

(a)   the land shown edged red on the plan attached at Appendix One under Section 226(1)(a) of the Town and Country Planning Act 1990 ( as amended) because it thinks that the acquisition will facilitate the carrying out of the redevelopment, and the redevelopment is likely to contribute to the promotion or improvement of the economic, social and environmental well-being of Bicester and the surrounding district; and

(b)   new rights in relation to the land shown hatched blue on the same plan as are required to facilitate the redevelopment under Section 13 of the Local Government Act (Miscellaneous Provisions) Act 1976

(2)               To authorise the Head of Legal and Democratic Services to take all necessary steps as considered appropriate to secure the making of a compulsory purchase order including the publication and service of all relevant notices

(3)               To authorise the Head of Regeneration and Estates to approve the terms for the acquisition of legal interests by agreement including for the purposes of resolving any objections to the compulsory purchase order

(4)               To confirm the appropriation of the land edged red on the plan attached at Appendix Two for planning purposes as described in section 226 and 246 of the Town and Country Planning Act 1990 (as amended) on the commencement of Phase 2 of the redevelopment scheme (i.e. following the initial highway and other enabling works within Phase 1) in accordance with Section 122 of the Local Government Act 1972.

(5)               To authorise the acquisition of the land edged green on the plan attached at Appendix Three for planning purposes in accordance with section 227 of the Town and Country Planning Act 1990 (as amended).

The Head of Regeneration and Estates, Head of Legal and Democratic Services and Head of Development Control and Major Developments submitted a joint report to:

• Advise Council of the possible need to use compulsory purchase powers to secure the necessary land and rights to complete the Bicester town centre redevelopment
• Ask for approval to the use of compulsory purchase powers to facilitate the implementation of the redevelopment as proposed by Town Centre Retail (Bicester) Ltd in planning permission 07/00422/F, as amended in relation to the central part of the redevelopment site by planning permission 09/01687/F, to assemble the land interests required for the redevelopment, such land interests being shown for indicative purposes only edged red and, in the case of new rights, hatched blue on the plan at Appendix One
• Approve the appropriation of the land edged red on the plan at Appendix Two, being land in the Council’s ownership, for planning purposes.
• Approve the acquisition of the existing service yard to the Crown Walk shopping centre shown edged green on the plan at Appendix Three for planning purposes so that, if necessary, the powers in section 237 of the Town and Country Planning Act 1990 may be relied upon to override legal interests which might impede the implementation of the redevelopment.

Resolved

(1)               That it be confirmed that Cherwell District Council is minded to make a compulsory purchase order in respect of:

(a)   the land shown edged red on the plan attached at Annex 1 to these minutes (as set out in the minute book) under Section 226(1) (a) of the Town and Country Planning Act 1990 (as amended) because it thinks that the acquisition will facilitate the carrying out of the redevelopment, and the redevelopment is likely to contribute to the promotion or improvement of the economic, social and environmental well-being of Bicester and the surrounding district; and

(b)   new rights in relation to the land shown hatched blue on the same plan as are required to facilitate the redevelopment under Section 13 of the Local Government Act (Miscellaneous Provisions) Act 1976

(2)               That the Head of Legal and Democratic Services be authorised to take all necessary steps as considered appropriate to secure the making of a compulsory purchase order including the publication and service of all relevant notices

(3)               That the Head of Regeneration and Estates be authorised to approve the terms for the acquisition of legal interests by agreement including for the purposes of resolving any objections to the compulsory purchase order

(4)               To confirm the appropriation of the land edged red on the plan attached at Annex 2 to these minutes (as set out in the minute book) for planning purposes as described in section 226 and 246 of the Town and Country Planning Act 1990 (as amended) on the commencement of Phase 2 of the redevelopment scheme (i.e. following the initial highway and other enabling works within Phase 1) in accordance with Section 122 of the Local Government Act 1972.

(5)               That the acquisition of the land edged green on the plan attached at Appendix 3 to these minutes (as set out in the minute book) be authorised for planning purposes in accordance with section 227 of the Town and Country Planning Act 1990 (as amended).