Decision details

To authorise public consultation on proposals to redevelop the car-park site in Church End. To agree to the disposal of the site to a developer partner following a grant of planning permission. To agree the assembly of the development site through the acquisition of property, land swap and stopping up orders. To approve the development of proposals for a new and improved Church-End market.

(i)         that the background to the Council’s proposals to bring forward the redevelopment of the Council owned car-park in Church End be noted and agreement given to develop these proposals further, including the undertaking of public consultation and the submission of a full planning application;

(ii)        that officers to seek agreement on and complete a land swap with Catalyst Housing Group involving the parcels of land indicated in Appendix 1;

(iii)       that approval be given to the making of a Compulsory Purchase Order (CPO) to acquire freehold interest and other relevant legal interests of the land and structure to the rear of 203 Church Road, which for identification purposes is shown edged in red on the plan attached to this report at Appendix 2 (“the CPO Land”) under Section 226(1)(a) of the Town and Country Planning Act 1990, to facilitate the carrying out of the redevelopment scheme (“the Scheme”) and any new rights in the CPO Land which may be required under section 13 of the Local Government (Miscellaneous Provisions) Act 1976;

(iv)       that the CPO be submitted, once made, to the Secretary of State for confirmation, whilst the Council at the same time seek to acquire the land by private negotiated treaty, funded either through development proceeds or from S106 funds where appropriate;

(v)        that approval be given to the making of one or more general vesting declaration or service of Notice to Treat and Notice of Entry (as appropriate) pursuant to the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965 respectively, should the CPO be confirmed, if determined by the Director of Regeneration and Major Projects on the advice of the Director of Legal and Procurement Services, as necessary in order to implement the CPO;

(vi)       that authority be delegated to the Director of Regeneration and Major Projects to undertake the following:

(a)       enter into agreements and make undertakings on behalf of the Council with the holders of interests in the CPO Land or parties otherwise affected by the Scheme setting out the terms for the withdrawal of their objections to the confirmation of the CPO, where such agreements are appropriate; and

(b)       serve of all requisite notices on the holders of the CPO Land including rights in the CPO Land relating to the making and confirmation of the CPO; and

(c)        remove from the CPO any plot (or interest therein) no longer required to be acquired compulsorily for the scheme to proceed and to amend the interests scheduled in the CPO (if so advised; and

(d)       to acquire land and/or new rights by agreement either in advance of the confirmation of compulsory purchase powers, if so advised, or following the confirmation of compulsory powers by the Secretary of State

(e)       to seek to acquire for the Council by agreement any interest in land wholly or partly within the limits of the CPO Land for which a blight notice has been validly served.

(vii)      that officers be authorised to undertake the process of ‘stopping-up’ of Eric Road which currently provides access to the existing car-park but which will be used to form part of the Market Square in the future;

(viii)     that subject to the approval of planning permission, to authorise the disposal of the Council owned Church End car-park to a developer partner;

(ix)       that approval be given to the invite of tenders for a developer partner for the site described in paragraph 2.8 of the report from the Director of Regeneration and Major Projects;

(x)        that authority be delegated to the Director of Regeneration and Major Projects, in consultation with the Director of Legal and Procurement, to set the pre-tender considerations and criteria to be used to evaluate tenders for a developer partner as set out in Contract Standing Order 89.