Decision details

To consider the making of a compulsory purchase order (CPO) for the acquisition of interests in land that need to be within the Council’s control to enable the remodelling of Buxton House in accordance with planning consent number 2024/48/90109/W.

Resident engagement took place in a vacant flat at Buxton House on 23 April 2024.  The purpose of the engagement was to showcase the planning application, to explain the changes to the design that had taken place since the previous consultation and to understand any queries or concerns that residents had about the proposals.  Around one third of the remaining residents attended the event with 8 providing feedback to say they liked the proposals.  One resident identified a number of concerns around the layout of the 1-bedroom flats.  These were discussed with the architects who explained that the constraints and structure of the building meant that it would not be possible to accommodate the suggested amendments to the flat layouts.  Colleagues from housing management accepted the reasoning and provided feedback to the resident.

RESOLVED –

1)    That authority be given to the making of a CPO of the land shown coloured pink and edged red (“the Order Land”) on the plan considered at Appendix 3 under section 226(1)(a) of the Town and Country Planning Act 1990 for the reasons set out in the Statement of Reasons (Appendix 1) and because: -

(i)             the acquisition would facilitate the development, redevelopment, or improvement (including regeneration) on or in relation to the Order Land; and

(ii)            the development, redevelopment or improvement was likely to contribute to the achievement of the economic, social or environmental well-being of the Council’s area.

2)    That the purchase of the ALB Group headlease will engage section 203 of the Housing and Planning Act 2016 and allow the Council to override rights to facilitate the temporary closure of the Albion Street Car Park to provide a site compound and safe working space be noted.

3)    That it be noted compensation may be payable under section 204 of the Housing and Planning Act 2016 to those whose rights are interfered with from the project budget.

4)    That authority be delegated to the Executive Director for Place in consultation with the Service Director Legal, Governance and Commissioning to: -

(i)             take all necessary steps to secure the making, confirmation and implementation of the CPO, including, making further amendments by way of finalising the draft Statement of Reason the publication and service of all relevant notices and the presentation of the Council’s case at any future local public inquiry;

(ii)            take all necessary steps to resolve any compulsory purchase compensation claims, including, if necessary, by way of making (or responding to) a reference to the Upper Tribunal (Lands Chamber);

(iii)          negotiate agreements to temporarily amend rights over the Albion Street Car Park: and

(iv)          make payment of any compensation due under section 204 of the Housing and Planning Act 2016.

5)    That authority be delegated to the Service Director Legal Governance and Commissioning to finalise and enter into all appropriate contracts, deeds and documents required.