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BA1 2DP

Dear Sir

Bath Western Riverside - Compulsory Purchase

In February 2000, the Council resolved in principle that it would lend its statutory compulsory purchase powers to achieve comprehensive development on Bath Western Riverside should other means of land assembly prove unsuccessful or unresolved title issues remained. Since the Council made that resolution, the proposals for Bath Western Riverside have progressed through the planning policy process. They are now included in the draft Local Plan, the subject of Supplementary Planning Guidance which was adopted in July 2003 (and which referred to the Council's resolution to use compulsory purchase powers) and are now the subject of a proposed Supplementary Planning Document which is in the course of drafting.

The proposed SPD will incorporate a Masterplan for the entire SPG area. The Masterplan principles, together with the implementation plan to be contained within the SPD, will give the Council the necessary tools to secure that development is comprehensive whilst accepting planning proposals from individual landowners on parts of the site. In particular, a major development proposed on the western end of the site by Crest will be instrumental in underpinning n the comprehensive objective.

Since 2000, the Council's general powers of compulsory purchase under the Town and Country Planning Act 1990 have changed. The Council's role in lending powers is not now so closely aligned to the specific planning functions of the Council. In resolving to use the powers, the Council must be satisfied that the development or redevelopment proposed is likely to contribute to the achievement of any one or more of the following objects:

Our advice is that if it so wishes, the Council may legitimately resolve again in principle to compulsory purchase powers to achieve development on Bath Western Riverside which accords with policy and the emerging SPD. We are satisfied that, in view of the wealth of information which the Council has assembled since it first resolved to endorse the Comprehensive Development Framework in 2000, it is entitled, if it so wishes, to conclude that development or redevelopment in accordance with the policy for Bath Western Riverside will achieve all three objectives set out in section 226 of the Town and Country Planning Act 1990 (the promotion and improvement of the economic wellbeing and/or social wellbeing and/or environmental wellbeing of the BANES area). We further advise that, once the SPD has been adopted, the Council will have the necessary tools to ensure comprehensive development and can therefore consider the promotion of compulsory purchase powers for suitable parts of the Bath Western Riverside site. The Council must not pre-judge the planning application which is submitted by Crest or any other owners on the Bath Western Riverside site but it is in the position to resolve to consider the use of compulsory purchase powers for site assembly for suitable development proposals within Bath Western Riverside. Given the strategic importance of the Crest development proposals, our advice would be to recommend consideration of any request for compulsory purchase powers for that development.

Any request for the Council to resolve to use compulsory purchase powers for specific areas of land would need to be fully justified within the context of section 226 of the Town and Country Planning Act and would need to include justification for each and every parcel of land to be included within a CPO. It would also be necessary for the developer requesting the Council to use these powers to enter into a CPO indemnity agreement, whereby the developer indemnifies the Council against costs and compensation incurred in the promotion of compulsory purchase powers. That indemnity, whether within the context of a general development agreement or as a stand-alone document, should be in place prior to, and conditional upon, the specific resolution of the Council to promote compulsory purchase powers for a designated scheme.

In summary, the Council may

Yours faithfully

Berwin Leighton Paisner LLP

Electronic communication - does not bear a live signature

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