Agenda item

Agenda item

Resolution to promote a CPO at Watford Business Park 'Gateway Zone'

A report of the Property Development Project Manager regarding Watford Business Park.

 

Two appendices to the report are considered Part B in accordance with Paragraph 3, Part1, Schedule 12A as they contain information relating to the financial and business affairs of the Council.

Minutes:

The Deputy Managing Director introduced the report and explained that at the end of 2018 Cabinet had approved to move forward in principle with a Compulsory Purchase Order (CPO).  The item was coming back to Cabinet as the area for the order had changed.

 

The Deputy Managing Director continued that the Watford Business Park was an important employment area in Watford, however, many sites on the park were run down and the council was looking at making it fit for purpose.  There had been significant capital investment and support from the LEP. The plan attached to the report showed the affected area and the report explained how the intention was to create further jobs, safeguard existing jobs and provide new training and development opportunities.

 

Councillor Sharpe commented that Watford Business Park was very important and it was vital to move forward with the regeneration to provide a better environment to attract employment and the CPO would enable this to happen.

 

Following a question from Councillor Bell, the Managing Director explained that as part of the CPO process a full referencing exercise had been undertaken where all the interests had received letters.  The council’s property advisers, Lambert Smith Hampton, had undertaken conversations with all the occupiers regarding their current occupation and future interest.  The majority of interests had been acquired by agreement and it was hoped that this would be the case for the rest but the CPO would provide the council with a ‘safety net’.

 

            RESOLVED

 

            That Cabinet:

 

a)        Agrees that the council makes a Compulsory Purchase Order (CPO) under section 226(1)(a) of the Town & Country Planning Act 1990 (as amended) for the acquisition of the land and rights within the area and edged red on the plan at Appendix 1 entitled "WBC001" for the purpose of delivering a modern, fit for purpose industrial scheme in order to achieve the objectives outlined for the Business Park in Special Policy Area 6 ‘Western Gateway’ of the Local Plan Part 1.

 

b)        Authorises the Property and Regeneration Section Head to:

 

i.          take all necessary steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and the presentation of the council’s case at Public Inquiry should one be called;

 

ii.         acquire all interests in land within the CPO boundary either by agreement or compulsorily;

 

iii.        approve agreements with land owners including the terms for the withdrawal of objections to the CPO, including where appropriate seeking exclusion from the CPO;

 

iv.        exercise the compulsory purchase powers authorised by the CPO by way of general vesting declaration and/or notice to treat;

 

v.         to approve the acquisition of all interests, where possible, by negotiation pursuant to the CPO, approving payments to interest holders in line with the statutory compensation provisions within the budget allocation set out in Part B Appendix 3.

 

c)         Gives authority under Section 6(4) of the Acquisition of Land Act 1981 to dispense with individual service of notices in respect of areas of land where the Council is satisfied that it has not been possible following proper enquiry to establish the ownership of the land in question and for the service of notices in the manner set out in Section 6(4) of the Acquisition of Land Act 1981.

 

d)        Considers the provisions of the Human Rights Act 1998 contained in section 5.3. of this report so far as they might be applicable in deciding whether or not to make the Compulsory Purchase Order(s) and all other statutory powers that the Council seeks to exercise and resolves the following:

 

i.          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 and social well-being of Watford as detailed in paragraphs 4.4 to 4.6.

 

ii.         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).

 

e)        In addition the Council has had due regard to the Equalities Act 2010 as set out in this report at section 5.3.

 

f)         Notes the progress made with regard to acquisitions and the application for £5,000,000 of Local Enterprise Partnership grant funding to support the delivery of the project.

Supporting documents:

 

rating button