Decision details

In December 2011, the Cabinet supported proposals to redevelop the Keynsham Riverside site.  Delegated authority is now being sought for the Chief Property Officer, in consultation with the Cabinet Member for Community Resources, if necessary to use Compulsory Purchase Order powers to achieve the Council's objectives.

1) To AUTHORISE the Chief Property Officer, in consultation with the Cabinet Member for Community Resources to take all necessary steps to make, as necessary, a CPO or CPOs under Section 226(1) of the Town & Country Planning Act 1990 for the acquisition of land and/or the creation of new rights pursuant to Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 (or any such other legislation  may be  appropriate for the delivery of the scheme) in respect of acquisition of land and/or rights within the indicative area shown on the attached site plan for the  Riverside office block and its environs, Temple Street, Keynsham to bring forward the area for redevelopment following the Council’s vacation in 2014.

The Chief Property Officer is authorised, in consultation with the Cabinet Member for Community Resources, to take all necessary steps in the process of making, confirmation and implementation of any CPO, including the publication and service of all notices, and the presentation of the Council’s case at Public Inquiry.

(2) To AUTHORISE the Chief Property Officer, in consultation with the Cabinet Member for Community Resources, to acquire interests in land and new rights within any CPO either by agreement(s) or compulsorily and approve agreement(s) with land owners setting out the terms of the withdrawal of objections to the Order, including where appropriate seeking exclusion of land or new rights from the Order and or making arrangements for re-housing or relocation of occupiers;

(3) To AGREE that any use of the CPO powers is subject to authorisation from the S151 Officer in consultation with the Cabinet Member for Community Resources in respect of the anticipated financial implications of the authorisation.

The use of CPO powers to acquire land in respect of a redevelopment scheme is an accepted method of gaining security of delivery.  It provides certainty of property assembly.  Land assembly is essential to the delivery of the scheme.  The CPO process sets out statutory provisions for compensations to landowners, and a framework within which negotiations to avoid the need to use CPO powers can take place.

Seek to acquire all property interests by negotiation

It is hoped that this will be possible.  However, the use of CPO powers may be necessary if the scheme is to progress to delivery.  Even if there is only one landowner unwilling to deal this has the potential to prevent a scheme from being delivered.  The use of CPO powers gives the Council certainty.

Whilst acquisition by agreement is preferred, it is considered that the use of CPO powers in tandem with negotiations is essential if the Council is to bring forward a scheme and prevent ransom and other barriers to delivery.