Decision details

10.1

The Executive Director, Place submitted a report seeking authority to make a Compulsory Purchase Order (CPO) to acquire the leasehold interest required in the land at Fox Valley, Stocksbridge to enable the completion of the comprehensive regeneration of the site with a mixed use development scheme.

10.2

RESOLVED: That:-

(a)

authority be given for the Council to make a Compulsory Purchase Order under the powers conferred by Section 226 (1) (a) of the Town and Country Planning Act 1990 Act to acquire the land shown on the Order Map displayed at the meeting of Cabinet on 22nd July 2015 and marked Map referred to in the Sheffield City Council (Fox Valley, Stocksbridge) Compulsory Purchase Order 2015;

(b)

authority be given to the Executive Director Place in consultation with the Director of Legal & Governance and Monitoring Officer and the Interim Executive Director, Resources to agree and enter into all necessary legal documentation with the Stocksbridge Regeneration Company;

(c)

the Director of Legal & Governance and Monitoring Officer be authorised to make the CPO, to take all necessary procedural steps prior to and after the making of the CPO, to enable the CPO to be submitted to the Secretary of State for confirmation including:

(i) finalising the attached draft Statement of Reasons;

(ii) finalising the Schedule of Interests

(iii) serving notices of the making of the CPO on all persons entitled to such notice and placing necessary press notices;

and to submit the CPO to the Secretary of State for confirmation;

(d)

the Director of Legal & Governance and Monitoring Officer be authorised to sign and serve any notices or documents necessary to give effect to these recommendations and to take all other actions necessary to give effect to these recommendations;

(e)

as soon as the Order is confirmed by the Secretary of State to advertise the confirmation of the CPO and serve all necessary notices of confirmation and once the CPO becomes operative, the Director of Legal & Governance and Monitoring Officer in consultation with the Acting Executive Director of Resources be authorised to execute General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981, at the earliest opportunity; and

(f)

the Executive Director Place, in consultation with the Director of Legal & Governance and Monitoring Officer and the Interim Executive Director, Resources be authorised to manage the compulsory purchase process in accordance with the terms of the CPO Indemnity Agreement.

10.3

Reasons for Decision

10.3.1

The use of a CPO to acquire the Order Land required for the Scheme is possible under section 226 (1) (a) of the 1990 Town and Country Planning Act, and would be justified in light of the compelling case in the public interest for the acquisition of the Order Land to enable the completion of the Fox Valley development.

10.3.2

Where the Council propose to make a CPO under these statutory provisions, the Council must be satisfied that the development is likely to contribute to the achievement of one or more of the following objects, namely the promotion or improvement of the economic, social or environmental well-being of their area.

10.3.3

It is considered that there is a compelling case in the public interest to justify the Council using its compulsory purchase powers to acquire the Order Land because of the important regeneration benefits the Scheme and the wider development of the Fox Valley site will deliver to Stocksbridge and the surrounding area.

10.3.4

If the Order Land is left undeveloped it will constrain both the viability and success of the Fox Valley development, as the appeal and trading environment to both shoppers and retailers would be undermined.

10.3.5

There would be commensurate harm to the contribution of the overall Fox Valley development to the health of the existing centre, promotion of sustainable shopping patterns, and provision of a wider range of facilities for local people.

10.4

Alternatives Considered and Rejected

10.4.1

There were no alternative options presented in the report.

10.5

Any Interest Declared or Dispensation Granted

None

10.6

Reason for Exemption if Public/Press Excluded During Consideration

None

10.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

10.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing