Agenda item

The report seeks authority to make and publish a Compulsory Purchase Order (CPO) for the Somer Valley Enterprise Zone Scheme and subsequently to secure the confirmation and implementation of that CPO.  The report also seeks authority to negotiate the withdrawal of any objections to the CPO and the acquisition of land and rights by agreement.

Cllr Paul Roper, Cabinet Member for Economic and Cultural Sustainable Development, introduced the item, moved the officer recommendation and made the following statement:

“The Somer Valley Enterprise Zone (SVEZ) is a key component for the delivery of our Economic Strategy for our authority. This is an ambitious and complex project. What we are doing is delivering an exemplar, net zero, green business park creating around 1,300 jobs of the type that we aspire to. That is good quality, secure, well paid, fulfilling and local employment. We are convinced that this will provide a much needed and significant economic boost to the local area and the authority as a whole.

I would like to remind cabinet of one of the key points I made back in February this year when we adopted the Local Development Order to enable the delivery of this scheme. The communities of Midsomer Norton, Paulton and Radstock used to be almost completely self-sufficient in terms of local employment, but the loss of key employers over the last few decades has completely reversed that, with most employment opportunities now being outside the area. And the land that was once used for employment now contains housing and this compounds the problem of insufficient local employment opportunities.

To try and reverse the damage caused by the decline of local employment, the land in question was allocated as a potential site for industrial development in 2007, but the market failed to deliver it. So, this administration has set about the enabling and delivery of the scheme. That is no small undertaking, and I am proud of the ambition that this authority has in this regard.

To deliver this scheme requires the acquisition of at least 47 separate parcels of land from 40 landowners. It is hoped that most, if not all, the land purchases can be carried out on the basis of willing buyer and seller, and negotiations continue to try and secure land on this basis.

What we cannot allow to happen is for the scheme to fail because any one of the multiple land interests cannot be acquired on a voluntary basis. It is therefore deemed necessary to have the powers to compel and these powers are enshrined in a Compulsory Purchase Order. In short, this will enable delivery of the scheme. On 1st Feb this year cabinet approved an in-principle decision to pursue a Compulsory Purchase Order (CPO) process and this paper before us this evening enables officers to progress to the detailed phase of the CPO process.

I am acutely aware of the sensitivities of this and the implications it has on the landowners affected. I am aware of the continued resistance by some to the creation of this employment site. What we do believe however, is that the benefits to the local communities associated with the creation of the SVEZ do justify the use of this land. Indeed, for the CPO to be successful, we must pass certain prescribed tests for viability. We are of the view that our aspirations for the use of this land will meet the requirements for a valid CPO.

To reiterate, this decision is not one taken lightly, and we will only use these powers as a last resort. It is our preferred route to reach a negotiated settlement with all interested parties.

I would like to underline the fact that the landowners will be compensated at fair value. The principle of compulsory purchase compensation is generally to place the owner of an interest (land or other affected interest) in no better or worse position than prior to the compulsory purchase. Compensation is assessed and paid in accordance with the statutory compensation code which applies to the compulsory acquisition of land, property and other interests.

In addition, landowners may also claim reasonable costs incurred in the transaction, including surveyors or agents’ fees for negotiating compensation and legal costs properly incurred in the purchase by the acquiring authority.”

Cllr Paul May seconded the motion and made the following statement:

“The community of Midsomer Norton has seen a combination of two major pressures.

First, because so much of the area of Bath and North East Somerset is green belt, Midsomer Norton, Paulton and Radstock have seen high levels of new housing.

Secondly, many of the traditional major employers in the area have disappeared.

This has caused a real community need for more employment, including to provide young people with local job opportunities and training.

The pressure created by local people having to travel to work is awkward for them and is contrary to the need to reduce car travel.

This local authority does not ever lightly use CPO powers, but this is a case of the sub regional need vs the local concerns. We do not take local concerns lightly, and I have seen how hard the council officers have worked to improve the designs in response – as much as they can. We have worked towards local agreement, but if that cannot be achieved then we must consider this proposal for the future benefit of the wider community.

I am therefore pleased to support these proposals which are complicated but necessary to move the overall scheme forward.”

RESOLVED (unanimously):

(1)  To approve the area to be the subject of a compulsory purchase order (CPO) or supplemental CPO shown edged red on the plan at Appendix 1 (the CPO Map), which identifies the outline area of the land, interests, and new rights to be acquired for the SVEZ Scheme (the CPO Land) by voluntary acquisition or compulsory purchase.

(2)  To authorise the making of a CPO or supplemental CPO pursuant to s226(1)(a) and 226(3) of the Town and Country Planning Act 1990 and s13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of land, interests, and new rights within all or part of the area identified as the CPO Land, for the purposes of facilitating the development of the SVEZ Scheme.

(3)  To authorise all necessary steps to be taken to secure the making, confirmation and implementation of a CPO(s) including the publication and service of all notices, requisitions for information, statement of reasons and the preparation and presentation of the Council’s case at any public inquiry required to secure confirmation of the CPO(s) by the Secretary of State.

(4)  To note and give due regard in determining whether or not to authorise the promotion of the CPO(s), the public sector equality duty contained in section 149 of the Equality Act 2010 (PSED) and the requirements of the Human Rights Act 1998, as detailed further in section 11 and Appendix 2 of the report.

(5)  Subject to confirmation of the CPO(s), to delegate authority to the Executive Director of Sustainable Communities to acquire all the land and rights over the CPO Land, including service of a general vesting declaration, notice to treat and/or notice of entry, subject to any compensation to be paid being within the SVEZ Scheme budget as set out in section 8 of the report.

(6)  To delegate authority to the Executive Director of Sustainable Communities to make any necessary amendments to the CPO(s) including, if required, to reduce the extent of the CPO Land to align with works and land requirements and (once the boundary is finalised) update the CPO Map to reflect on a plot-by-plot basis the extent of acquisition and rights required.

(7)  To delegate to the Executive Director of Sustainable Communities for payments of over £500,000), in consultation with the S151 Officer authority to:

(i)  Authorise agreements to be entered into with landowners to secure the withdrawal of objections to the COP(s) and to authorise the Executive Director of Sustainable Communities to take all necessary steps to acquire by agreement land and/or rights forming part of the CPO Land, subject to any consideration payable being within the SVEZ Scheme budget as set out in section 8 of the report;

(ii)  to negotiate and settle all necessary compensation and professional fees (including interim payments) either as agreed with landowners or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land and/or rights forming part of the CPO Land in accordance with the Land Compensation Act 1961, the Compulsory Purchase Act 1965 and the Land Compensation Act 1973 provisions in force at the relevant time and the body of case law relevant to the assessment of compensation, where any compensation to be paid is within the SVEZ Scheme budget as set out in section 8 of the report.

(8)  To authorise the instruction of the SVEZ Scheme Project Team’s legal advisers, Burges Salmon LLP, to prepare and serve such documentation as may be required for the CPO(s).

(9)  To note the ongoing progress which has been made towards the acquisition of land required to develop the SVEZ Scheme and the previous decisions outlined in the report.