In June 2020, Cabinet authorised the preparatory work required for the making of the Compulsory Purchase Order (CPO) at Blackfriars, Battle including the completion of land referencing and budget. 

The Council had now issued notices under S16 of the Local Government (Miscellaneous Provisions) Act 1976 to those with registered and identified interests in the land that was proposed to be compulsorily acquired (Order Land).  The draft Rother District Council (Blackfriars) CPO 2020 (the Order) attached at Confidential Appendix 1 to the report identified the various interests and rights in the Order Land, and those who owned them or had the benefit of them; the land to be acquired was identified in the redline plan at Appendix 2 the report (the Order Map). 

The draft Statement of Reasons attached at Appendix 3 to the report set out the Council’s reasons for making and seeking confirmation of the proposed Order.  This document formed part of a suite of information to be prepared to support the proposed Order.  The report provided a description of land to be acquired which comprised of eight separate plots of land. 

Whilst formal written offers had been sent to the relevant landowners by the Council in March 2020, agreements to acquire the parcels of land by private treaty had not yet been finalised.  Advice received from specialist compensation valuers demonstrated that the financial offers made in March 2020 by the Council were reasonable, and likely to be in excess of any compensation settlement calculated based on the Compulsory Purchase Compensation Code.  Following this advice, further correspondence had been sent to the relevant landowners in August 2020, reiterating the Council’s previous offer to acquire the land without the need for CPO.  Confirmation of any responses received would be confirmed at the meeting. 

It was noted that the Council would continue to use reasonable endeavours to assemble the land by agreement or private treaty rather than use the CPO powers which was a last resort.

With regard to the development of the site, it was confirmed that the scheme had been granted Outline Planning Permission in terms of access, alignment of the spine road and scale of development across the site, subject to the signing of a Section 106 Agreement.  Architects had been appointed to work up the detailed design for a Reserved Matters Application, with a target for submission of October 2020.

Cabinet was pleased to confirm the making of the Order and note the progress made on this project that would deliver housing choice, increase local economic activity and deliver environmental improvements for Battle and the surrounding area.  The new development would be highly sustainable and futureproofed for carbon zero in line with the Council’s climate emergency declaration and associated targets.  In addition, the construction phase of the development was scheduled to occur over a four year period and was estimated to support the employment of 620 people.  It was intended that the project be delivered by Alliance Homes (Rother) Ltd, the Council’s wholly owned housing company.

Members thanked the Head of Acquisitions, Transformation and Regeneration for his work and it was agreed that officers and the Ward Members would meet to discuss how best to present the scheme to local residents.

RECOMMENDED: That:

1)         the draft Rother District Council (Blackfriars) Compulsory Purchase Order 2020 as attached at Confidential Appendix 1 ("the Order"), the map comprising the land that is proposed to be compulsorily acquired ("Order Land"), as may be subject to amendment pursuant to paragraph (3 a. below) as attached at Appendix 2 and referred to in the Order ("the Order Map") be approved;

2)         the draft Statement of Reasons made in support of that Order and attached at Appendix 3 ("the Statement of Reasons") be approved; and

3)         the Executive Director be granted delegated authority to:

a.         Make changes to the draft Order, the Order Map (within the red line boundary as shown on the Order Map) and Statements of Reasons as considered necessary.

b.         Exercise powers in the Town and Country Planning Act 1990 to secure the removal of any apparatus of statutory undertakers.

c.         Acquire by agreement all third-party interests in and over the Order Land under Section 227 of the 1990 Act before and after confirmation of the Order and in respect of any new rights required for the development or use of the Order Land.

d.         Take all necessary steps to secure confirmation of the Order and the acquisition of all third party interests in the Order Land, including: the publication and advertisement of the Order, serving appropriate notices, seeking confirmation of the Order, taking all steps to acquire relevant interests and such other steps as deemed appropriate to facilitate the development, redevelopment or improvement of the Order Land.

e.         Enter into agreements and make undertakings, contracts and transfers on behalf of the Council with third party interests in the Order Land or for the creation of new rights in favour of or over the Order Land or with parties otherwise affected by the Order, including for the withdrawal of objections to the confirmation of the Order and also including the offering back of any part of the Order Land or rights over it, or acquisition of additional land or interests in or over any such land and the removal of any land from the Order.

f.          Defend any proceedings challenging these decisions, and the making, confirmation or implementation of the Order or any notice, general vesting declaration or anything else made pursuant to the Order.

g.         Publish and serve all appropriate notices of confirmation of the Order and to make one or more general vesting declarations or serve notices to treat and notices of entry (as appropriate) in respect of the Order Land.

h.         Initiate or take part in any arbitration or proceedings before the Upper Tribunal (Lands Chamber) or the Courts in order to resolve any disputes as to compensation or other payments payable for any interests in the Order Land or arising from the making or confirmation of the Order or securing possession of any part of the Order Land or title to any part of the Order Land or the removal of any occupants or apparatus of statutory undertakers or communication code operators.

(The Confidential Appendix in relation to this matter, as set out at Agenda Item 16 was considered exempt from publication by virtue of Paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended.  In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 Cabinet did not consider it necessary to exclude the press and public whilst considering this matter).