Decision details

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Approval to carry out preparatory works to establish whether there is a case to exercise compulsory purchase powers

Decision:

The Council had for several years been keen to secure the development of the Aylesbury Woodlands Site for a mixed-use scheme comprising primarily of commercial and residential uses together with the construction of a new spine road. Following a Cabinet decision made on 4 January 2024 a successful marketing campaign resulted in a potential preferred bidder being identified.

 

This report had regard to yet unresolved Land assembly issues, which sought:

(a) to provide the Council with an alternative route to development should negotiations stall; and

(b) approval to carry out preparatory works to reduce the overall project time should it have to exercise its compulsory purchase powers in the future. 

 

Compulsory purchase was intended as a last resort to secure the assembly of all the land needed for the implementation of projects. However, if an acquiring authority waited for negotiations to break down before starting the compulsory purchase process, valuable time would be lost and key trigger points including funding and potentially planning, might be put at risk. The Council had secured £25m of HIF funding but there were conditions attached to the funding which might be at risk if the project was not advanced in a timely manner.

 

Therefore, it was sensible, given the amount of time required to complete the compulsory purchase process, for the acquiring authority to plan a compulsory purchase timetable as a contingency measure; and initiate formal procedures. This would also help to make the seriousness of the authority’s intentions clear from the outset, which in turn might encourage those whose land was affected to enter more readily into meaningful negotiations. A Compulsory Purchase Order would not be successful unless the scheme was deliverable and therefore its viability would be a major factor when considering its implementation. 

 

RESOLVED –

 

(A)  That it be agreed for preparatory work to be undertaken to determine, should the situation require, if there is a case for the Council to use its Compulsory Purchase Powers (“CPO)” to acquire either:

(i)                 The Woodlands Site, being the land shown for indicative purposes only edged red on the plan at Appendix 1, or

(ii)               Or The land required for the construction of the Eastern Link Road South (ELSR) shown for indicative purposes as the area shown hatched on the plan at confidential appendix (A5), or

(iii)              A combination of (i) and/or (ii) above. 

 

(B)   That authority be delegated to the Service Director – Commercial Property and Regeneration, in consultation with the Section 151 Officer, the Service Director (Legal and Democratic) and the Cabinet Member for Accessible Housing and Resources, to undertake all necessary steps to enable the Council to fully consider the options for making a Compulsory Purchase Order and/or a Side Roads Order, as outlined in A above, including: 

(i)                 the exercise of powers under section 16 Local Government (Miscellaneous Provisions) Act 1976 and/or section 5A Acquisition of Land Act 1981 to require owners and occupiers to provide information about their ownership or occupation.

(ii)               the exercise of powers under section 172-179 of, and Schedule 14 to, the Housing and Planning Act 2016 to obtain the right to enter and survey or value the land and if necessary, appoint consultants and/or contractors for these purposes.

(iii)              The appointment of external consultants to assist and undertake land referencing, surveys, valuations, and any ancillary activities.

(iv)              The appointment of external consultants to advise in connection with and to prepare such evidence as required, Maps and Plans, the draft Statement of Reasons, and to advise on the legal matters referred to in the body of this report.

Wards Affected: Aston Clinton & Bierton;

Details of any conflict of interest declared: None.

Contact: John Reed, Service Director Commercial Property and Regeneration Email: John.Reed@buckinghamshire.gov.uk.

Report author: David Pearce

Publication date: 08/10/2024

Date of decision: 08/10/2024

Decided at meeting: 08/10/2024 - Cabinet

Effective from: 16/10/2024

Accompanying Documents: