Agenda item

            The Board considered a report of the Strategic Director – Environment and the Strategic Director – Corporate and Policy seeking approval to use the Council’s statutory powers of compulsory purchase to assist with the comprehensive land assembly needed to achieve the successful development of the Widnes Waterfront Economic Development Zone (EDZ).

 

            It was noted that the EDZ comprised 80 hectares of low quality former industrial land located on the banks of the River Mersey to the south of Widnes Town Centre, which had been designated as a regeneration site of high priority. Funding to bring this land back into full economic use was available until 31^st March 2009 using European Funding under Priority 3 of the North West England Objective 2 Programme, Northwest Development Agency Funds and Halton Borough Council monies. The redevelopment proposals were described in the report and outline plans were contained in Appendix D.

 

            Detailed land referencing had taken place to identify the interests to be acquired for the development, and this schedule would form part of a proposed Compulsory Purchase Order (CPO). Despite lengthy discussions, it was unlikely that agreement would be reached with all interested parties within a reasonable timescale; therefore the Acquiring Authority had legitimate, deep-seated concerns that it would be unable to comply with the timetable set for the delivery of the scheme unless it pursued a CPO to assemble the land required.

 

It was considered that there was a compelling case for making the Order in the public interest and this was outlined for Members’ information; however, negotiations would continue with a view to acquiring the properties voluntarily even after the CPO had been made.

 

            The Board was advised that there were two small amendments to the boundaries shown on the plan:

 

(a)               there was an addition of site 17(b) which had been disclosed by the ongoing site referencing; and

 

(b)               the boundary around Tan House Garage on Tan House Lane needed to be revised to reflect the actual ownership.

 

An amended schedule was tabled outlining these changes.

 

In addition, it was noted that, following the publishing of the agenda, further comments had been received from Mr Routledge of White Moss Landfill, and Mr Adam Gilson, Company Secretary of British Gypsum-Isover Ltd. These were read out for the Board’s consideration. Officers advised that discussions had been ongoing with both parties for some time and it was hoped that a mutually acceptable solution could be found in order that those properties could be withdrawn from the CPO; this could be done at any time, including after the start of the Public Inquiry.

 

Reason for Decision

 

            The draft Statement of Reasons (Appendix F) outlined the case and detailed the reasons for making the CPO. In summary, this was to facilitate the comprehensive redevelopment of the area.

 

Alternative Options Considered and Rejected

 

            The Council and/or its joint venture partner had contacted and sought to commence negotiations with all the known freeholders and leaseholders to purchase land covered in the Order by agreement. These discussions were ongoing but it was unlikely that agreement would be reached with all parties within a reasonable timescale unless a CPO, to assemble the land required, was made.

 

Implementation Date

 

            It was anticipated that the CPO would be made within 3 months of the Executive Board decision.

 

            RESOLVED: That with the inclusion of the amendments tabled at the meeting

 

(1)       the Council makes a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act 1990 for the acquisition of all interests in the land (the Order Land) shown edged red on the plan attached to the report, Appendix E, for the purposes of facilitating its development, redevelopment or improvement to secure a comprehensive and integrated scheme thereby achieving the promotion and improvement of the economic, social and environmental well-being of the area;

 

(2)       the Council makes a Compulsory Purchase Order under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to acquire new rights over the land shown edged blue on the plan attached to the report, Appendix E, in order to secure the comprehensive redevelopment of this run down zone;

 

(3)            authority be given to the Strategic Director - Environment and the Strategic Director - Corporate and Policy, in consultation with the Portfolio Holder for Planning, Transportation, Regeneration and Renewal, the Portfolio Holder for Corporate Services, and the Council Solicitor, to take all necessary steps to secure the making and confirmation of the Compulsory Purchase Order and for any other actions necessary to give effect to the land acquisition and the implementation whether on a voluntary basis or otherwise;

 

(4)       the Strategic Director - Environment, and the Strategic Director - Corporate and Policy, in consultation with the Council Solicitor, be authorised to enter into an Indemnity Agreement with Widnes Regeneration Limited (WRL) which will indemnify the Council in respect of all external expenditure concerned with the making and implementation of the Compulsory Purchase Order (CPO) and thereafter provide for WRL to develop those sites to implement the Widnes Waterfront Economic Zone in accordance with the principles of the Masterplan;

 

(5)       the CPO not be entered into until the Indemnity Agreement has been completed to the satisfaction of the Council Solicitor, the Strategic Director - Environment and the Strategic Director - Corporate and Policy;

 

(6)            authority be given to the Strategic Director - Environment and the Strategic Director - Corporate and Policy, in consultation with the Portfolio Holder for Planning, Transportation, Regeneration and Renewal and the Portfolio Holder for Corporate Services, to implement the Widnes Waterfront Relocation Strategy (Appendix A); and

 

(7)            authority be given to the Strategic Director - Environment and the Strategic Director - Corporate and Policy, prior to making the Compulsory Purchase Order (CPO), to make such changes as might be necessary to the Order in the light of varying circumstances and information relating to properties/businesses which might be affected by the CPO including if necessary the authority to expand the Schedule 2 rights.