Cabinet received a report of the Head of Democracy and Governance.  The Legal and Democratic Section Head explained that the report related to Central Meriden redevelopment proposals.  The council had been requested by Watford Community Housing (WCH) to promote a Compulsory Purchase Order (CPO) for properties, rights and interests in land in Central Meriden in order to progress redevelopment of the area.  WCH had agreed to enter into an indemnity agreement with the council to cover the costs of the council promoting the CPO and payment of compensation.

The Legal and Democratic Section Head outlined the key points of the proposed development which would be to demolish the central shopping parade to enable the site to be redeveloped.  This would provide 133 new homes, a new shopping parade and upgraded infrastructure.  In order for the project to go ahead smoothly, a CPO would be needed to cover the relevant area to ensure that rights to properties could be obtained.  WCH were trying to get agreement to deal with interests in the land, however, in the event that agreement could not be reached then they could use the CPO.  The scheme was approved by Development Management Committee in 2015 and the report was attached as appendix E.  WCH had undertaken a tender process for the developer and expected to appoint a contractor by the end of December.  With regards to Human Rights Act considerations as set out in paragraph 16 of the report; human rights had been considered and although interference would take place as a result of the CPO, the scheme sought to improve economic, environmental and social well-being.  It was considered that the CPO was necessary and proportionate.  An equalities impact assessment had been undertaken. 

In response to a question from Councillor Hastrick, the Mayor and Managing Director explained that the delegation requested in the recommendations to the Head of Property and Regeneration was for a high level of technical detail as the CPO had to be very precise and it would be burdensome to keep returning changes to the Portfolio Holder.

In response to a question from Councillor Bell, the Mayor explained that the CPO was a technical legal process; the WCH was dealing with individual people and their properties.  The CPO was there to ensure that people would not hold up a development.  Councillors would be working to assist individuals with WCH.

RESOLVED –

1.     To make all necessary Compulsory Purchase Order(s) to acquire compulsorily all of the properties shown outlined red on the plans attached at Appendix A entitled Watford Borough Council (properties at Central Meriden, Watford) Compulsory Purchase Order Plans 1 to 4, all rights and interests affecting the properties in order to enable the implementation of the Central Meriden redevelopment.

2.  To delegate totheHead of Property and Regeneration:

1.1  toagreethewordingoftheCompulsoryPurchaseOrder(s)and CPOMap, includingtheStatementofReasonsandtotakeall stepsnecessary to makeand confirmtheOrder(s);and

2.2 totakeallstepstoseektoacquirethenecessaryinterestsinland byagreementor byutilisingcompulsoryacquisitionpowers.

3.     IftheSecretaryof StateauthorisestheCounciltodo so,confirmany CompulsoryPurchaseOrder(s)made.

4.    To utilise,whereappropriate,eitherthegeneralvestingdeclaration procedureundertheCompulsoryPurchase(VestingDeclarations)Act 1981or thenoticetotreatprocedureunderSection5 ofthe CompulsoryPurchaseAct1965 inrespectof confirmedcompulsorypurchaseorder(s).

5.                ThatindoingsotheCabinethasconsideredtheprovisionsofthe HumanRightsAct1998containedinsection 16.4 and 17ofthisreportsofaras theymightbe applicableindecidingwhetheror nottomakethe CompulsoryPurchaseOrder(s)and allotherstatutorypowersthatthe Councilseekstoexerciseandresolvesthefollowing:

(a) With regard to Article 8 it is considered that in balancing the rights of the individuals who are affected by the Order(s) against the benefit to the community of proceeding with the Order(s), the making of the Order resulting in the interference with the individuals rights is justified in the interests of improving the economic, environmental and social well-being of central Meriden.

(b) With regard to Article 1 Protocol 1, it is considered that the interference with the individual's property is justified by the advantages accruing to the public by proceeding with the Scheme particularly taking into account the fact that there is a legal right to compensation for the property taken and any rights extinguished under the Order(s).

6.     Approve the entering into of a CPO Indemnity Agreement with the Trust to reimburse the council for all costs and liabilities arising as a result of the Compulsory Purchase Order.

7.  Agrees to transfer to the Trust the interests it acquires in order to enable the Trust to implement the development.