Agenda item

To consider a report on the proposed acquisition of land to facilitate the regeneration of Macclesfield Town Centre.

Cabinet considered a report on the proposed acquisition of land to facilitate the regeneration of Macclesfield Town Centre.

The proposed redevelopment provided an opportunity to enhance the attractiveness of the town centre as a retail and leisure destination. The scheme included a department store, cinema, retail units, office and community space, residential, new town square and a multi-storey car park. 

The redevelopment required both Council land and land/properties in private ownership. To facilitate the delivery of the scheme, land not in the Council’s ownership needed to be acquired. The report therefore sought authority to make a compulsory purchase order if necessary in order to expedite the land acquisition. Negotiations were continuing with private landowners.

The Finance Portfolio Holder advised that agreement had already been reached in respect of 95% of the land required for the scheme and that the compulsory purchase order would apply to a relatively small area. The land acquired under the CPO would be valued independently.

As part of the process, an equality impact assessment had been carried out details of which had been circulated in a supplementary paper.

RESOLVED

That Cabinet

1.    approves the making of a CPO pursuant to section 226(1)(a) of the Town and Country Planning Act 1990 (as amended) to acquire land and interests in respect of the land edged red and shaded pink on the plan attached to the report and pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 in respect of the acquisition of new rights within the land edged red and shaded blue on the plan for the purpose of facilitating the development, redevelopment and improvement of the land by way of a mixed use scheme comprising retail, leisure and office, community uses, residential dwellings, car parking, town squares and associated highway and public realm works;

2.    approves the submission of the CPO to the Secretary of State for confirmation;

3.    gives authority to the Chief Executive and the Director of Economic Growth and Prosperity in consultation with the Portfolio Holder to take all appropriate actions in this matter including:

(a)  the making, publication and service of notice of making of the CPO;

(b)  the submission of the CPO to the Secretary of State for confirmation;

(c)  taking all necessary steps to secure the confirmation of the CPO, including promoting the Council’s case at any public local inquiry should one be required;

(d)  proceeding with the negotiation, agreement and execution (if appropriate) of legal agreements which are required to secure the land including the acquisition by agreement of interests in advance of, and subsequent to, the making of the CPO and payment of appropriate compensation;

(e)  in consultation with the Assets Manager, negotiating the acquisition of all interests and rights within the CPO and rights and interests affected by the CPO either by agreement or compulsorily and, where appropriate, to agree terms for relocation;

(f)   approving agreements and undertakings with the owners of any interest in the CPO and any objectors to the confirmation of the CPO setting out the terms for the withdrawal of objections to the CPO.

(g)  subject to confirmation of the CPO, acquiring title and/or taking possession of the land to be acquired under the CPO including, as appropriate, by:

·           serving Notice of Intention to Execute a General Vesting Declaration under the provisions of Section 3 of the Compulsory Purchase (Vesting Declarations) Act 1981;

·           executing a General Vesting Declaration (or General Vesting Declarations) in respect of the land to be acquired under the CPO; and

·           serving Notice to Treat and Notice of Entry in respect of any interest comprised within the CPO; and

·           publishing and serving all necessary notices in connection therewith as appropriate;

(h)  in the event that the question of compensation is referred to the Upper Tribunal (Lands Chamber), taking all the necessary steps in relation thereto; and

(i)    appointing appropriate consultants if necessary to assist and advise in regard the above.

4.    delegates to the Director of Prosperity and Economic Growth the power to:

(a)  propose the making of amendment orders to remove the Churchill Way car park, Duke Street car park and Exchange Street car park from the list of parking places within Macclesfield as set out in the Schedule to the Macclesfield Borough Council (Off Street Parking Places) (Civil Enforcement and Consolidation) Order 2008 or any replacement order to enable development to proceed in accordance with the developer’s approved programme;

(b)  advertise the proposed orders and to invite consultation responses in accordance with statutory requirements;

(c)  consider consultation responses and to determine whether to make the orders;

5.    approves the making of an application pursuant to section 19 of the Acquisition of Land Act 1981 to the Secretary of State for a certificate which authorises the compulsory acquisition of land that comprises public open space and to take all necessary steps to procure such a certificate, including promoting the Council's case at a public inquiry should one be necessary; and

6.    approves, as a matter of principle, the appropriation of land at Churchill Way to planning purposes in order to facilitate the proposed redevelopment of the land for a mixed use scheme comprising retail, leisure and office, community uses, residential dwellings, car parking, town squares and associated highway and public realm works, and with the intention that Section 237 of the Town and Country Planning Act 1990 may be relied upon to override all covenants, easements and other relevant rights benefitting third parties which affect the land, in the event that such interests cannot be acquired by negotiation.