Councillor Coxshall introduced the report and stated that it provided delegated authority for the Council to use compulsory purchase orders (CPOs) if necessary. He clarified that Thurrock did not want to use these powers, and hoped agreement would be reached with the shop owners and land owners through conversation. The Leader added that the Council would work with businesses in the area to ensure they survived and thrived. He stated that the Council would try and avoid using CPO powers where necessary as these could prolong the process, increase stress for landowners, and cost lots of money in legal fees.

RESOLVED: That Cabinet:

1. Resolved that the Council use its compulsory purchase powers pursuant to section 226(1)(a) of the Town and Country Planning Act 1990 to acquire all land and rights to deliver the scheme, and to issue appropriate notices as required to acquire land required to deliver the scheme.

2. Noted that the regeneration team is progressing negotiations to acquire the land interests required by private treaty, and delegated authority to the Corporate Director of Resources and Place Delivery, in consultation with the Portfolio Holder for Regeneration, Strategic Planning and External Relationships, to approve and enter into agreements with the owners and/or occupiers of the land so as to facilitate acquisition.

3. Noted the progress on the land referencing exercise, and if required, delegated authority to the Corporate Director of Resources and Place Delivery, in consultation with the Portfolio Holder for Regeneration, Strategic Planning and External Affairs, and the Assistant Director of Law and Governance, to issue requisitions for information pursuant to section 5A of the Acquisition of Land Act 1981 to persons who have a potential legal interest in or who occupy the area in respect of which compulsory purchase powers are proposed to be used.

4. Authorised the regeneration team, under the direction of the Corporate Director of Resources and Place Delivery to undertake the work needed to prepare for the making of a Compulsory Purchase Order(s) (CPO) together with the supporting documentation and proceed to make the CPOs.

5. Resolved that any land acquired by the Council by private treaty within the area shown red on the plan at Appendix1 that would be required in order to facilitate the Scheme, shall be acquired for planning purposes pursuant to section 227 Town and Country Planning Act 1990.

6. Noted that pursuant section 203 and 204 of the Housing and Planning Act 2016, land acquired under sections 226 or 227 of the Town and Country Planning Act 1990 may then be developed and used in accordance with planning permission for the proposed scheme notwithstanding any interference with any subsisting interests, rights or restrictions (subject to the payment of compensation calculated in accordance with sections 7 and 10 of the Compulsory Purchase Act 1965.

7. In the event that Blight Notices under section 150 of the Town and Country Planning Act 1990 are served upon the Council, delegated authority to the Corporate Director of Resources and Place Delivery, in consultation with the Portfolio Holder for Regeneration, Strategic Planning and External Affairs, and the Assistant Director of Law and Governance to acquire land or reject the Blight Notices as appropriate.

8. Delegated authority to the Corporate Director, Resources and Place Delivery in consultation with the Portfolio Holder for Regeneration, Strategic Planning and External Relationships, and the Assistant Director for Law and Governance to grant any internal approvals necessary in order to allow the scheme to progress.

9. Approved the appropriation of the Council’s current landholdings described in this report for the planning purpose to facilitate the scheme including:

(i)           Undertaking the required Advertising of the intention to appropriate land currently used as public open space and;

a.    In the event that any objections are received, reporting the content and consideration of those objections to a future meeting of Cabinet;

b.    In the event that no objections are received, to continue with the appropriation with no further report to Cabinet.

(ii)          Noted that it is necessary to use Section 203 of the Housing and Planning Act 2016 to facilitate the development and improvement of the land as will form part of the planning permission in order for any and all private rights and restrictions that affect the land to be overridden.

(iii)        Authorised Officers to take such necessary administrative and accounting steps to give effect to the appropriation (including settling claims for compensation arising out of the extinguishment of any rights in the appropriated land pursuant to Section 203 of the Housing and Planning Act 2016).

Reason for decision: as outlined in the report
This decision is subject to call-in