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Decision details

Proposed Sheffield City Council (West Bar Square Regeneration) Compulsory Purchase Order

Decision Maker: Co-operative Executive

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

To seek authority to make a Compulsory Purchase Order (CPO) to acquire the interests and new rights in the land in Sheffield City Centre bounded by West Bar, Corporation Street and Bridge Street to enable the comprehensive redevelopment of the site with a mixed use development for office, residential, hotel and leisure uses, and provision of public realm space and car parking accommodation known as West Bar Square (the Scheme).

Decision:

13.1

The Executive Director, Place submitted a report seeking authority to make a Compulsory Purchase Order (CPO) to acquire interests in the land in Sheffield City Centre bounded by West Bar, Corporation Street and Bridge Street to enable the demolition of existing buildings and clearance of the land and the construction and erection of new buildings and structures to provide a comprehensive mixed use development comprising offices, residential units, hotels, shops and retail units, professional services, restaurants, cafes, drinking establishments, hot food outlets and takeaways and leisure and assembly units and associated  new public squares, car parking accommodation, highway works and infrastructure, landscaping and public realm works.

 

 

13.2

RESOLVED: That:-

 

 

 

(a)

authority be given to the Council to make a Compulsory Purchase Order ("CPO") under the powers conferred by Section 226 (1) (a) of the Town and Country Planning Act 1990 to acquire all land interests, other than those of the Council and those held by or on behalf of the Crown, as described in the  Schedule of Interests (the "Order Schedule"), attached at Appendix A to the report, at West Bar Square and as shown on the Order Map, attached at Appendix B to the report, with title 'Sheffield City Council (West Bar Square Regeneration) Compulsory Purchase Order 2018' (the "Order Land");

 

 

 

 

(b)

Cabinet delegates authority to the Executive Director, Place in consultation with the Director of Legal and Governance and Executive Director, Resources to agree and enter into all necessary legal documentation with Urbo (West Bar) Limited (the "Developer");

 

 

 

 

(c)

Cabinet delegates authority to the Director of Legal & Governance to make the CPO for the Order Land, 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:

 

  1. Finalising the attached draft Statement of Reasons, at Appendix C;
  2. Finalising the Order Schedule, at Appendix A;
  3. Serving notices of the making of the CPO on all persons entitled to such notice and placing all necessary notices in the press and on/around the Order Land;
  4. To submit the CPO to the Secretary of State for confirmation as soon as possible following making of the CPO; and
  5. To self-confirm the CPO if authorised to do by the Secretary of State;

 

 

 

 

(d)

Cabinet delegates authority to the Director of Legal & Governance to sign and serve any notices or documents necessary to give effect to these recommendations and to take all the other actions necessary to give effect to these recommendations;

 

 

 

 

(e)

as soon as the CPO is confirmed by the Secretary of State to advertise the confirmation of the CPO and serve all necessary notices of the confirmation and once the CPO becomes operative, delegates authority to the Director of Legal & Governance, in consultation with the Executive Director, Resources to execute General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981, at the earliest opportunity and to thereafter serve all necessary documents and notices of the vesting of the Order Land in the Council;

 

 

 

 

(f)

Cabinet delegates authority to the Executive Director, Place, in consultation with the Director of Legal & Governance and the Executive Director, Resources to manage the compulsory purchase process at least in accordance with the terms of the Development Agreement and in accordance with all statutory requirements  and to otherwise promote or supporting the promotion of confirmation of the CPO including the preparation of and giving of evidence at any public inquiry;

 

 

 

 

(g)

Cabinet confirms that such parts of the Order Land and other adjoining land owned by the Council as is required to facilitate and enable the Scheme, that is not currently held for planning purposes, is appropriated for planning purposes and from the date of such confirmation that the Order Land and such other adjoining land is held for planning purposes and without prejudice to any other statutory status (from time to time) of any part of that land as public highway;

 

 

 

 

(h)

if necessary, the Council, and those deriving title from it, be authorised to use its powers pursuant to Section 203 of the Housing and Planning Act 2016 in order to override any rights or covenants in the Order Land and in any other land owned by the Council adjoining the Order Land which would otherwise impede the delivery of the Scheme;

 

 

 

 

(i)

Cabinet delegates authority to the Director of Legal and Governance, in consultation with the Executive Director, Place to prevent extinguishment of, grant and/or re-grant private rights of statutory undertakers and the Combined Crown and Family Courts in or over the Order Land as he/she deems necessary to secure confirmation of the CPO by:

 

(i) making a Direction under section 236 of the Town & Country Planning Act 1990; and/or

 

(ii) entering into an agreement with affected parties, with or without the Developer, as is appropriate; and

 

 

 

 

(j)

Cabinet delegates authority to the Executive Director, Place, in consultation with the Director of Legal Services as he/she deems appropriate and necessary to facilitate and enable the Scheme to be carried out, to;

 

(i) support an application for a Stopping Up Order of public highways and footways within and adjacent to the Order Land including support for and giving of evidence at any public inquiry; and

 

(ii) to enter into an agreement or grant licence or authority in its capacity as owner and/or the relevant highway authority for the creation of new highway and footways in and adjacent to the Order Land. 

 

 

 

13.3

Reasons for Decision

 

 

12.3.1

The making by the Council of a CPO to acquire the Order Land required for the Scheme is available under section 226 (1)(a) of the 1990 Town and Country Planning Act, and would be justified in consequence of a compelling case in the public interest for the acquisition of the Order Land to enable the delivery of the West Bar Square regeneration development.

 

 

12.3.2

Where the Council proposes 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.

 

 

12.3.3

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 that the Scheme will deliver to the City Centre and nearby neighbourhoods as part of facilitating the regeneration of a large area of underutilised land, the details of which are outlined in this Report.

 

 

12.3.4

If the Order Land is not acquired there is little prospect that comprehensive redevelopment at West Bar Square will take place and the anticipated regeneration benefits will not be realised.

 

 

12.3.5

For these reasons, it is suggested that Cabinet adopt the recommendations contained in this report.

 

 

13.4

Alternatives Considered and Rejected

 

 

13.4.1

Do Nothing

 

The above option has been considered but is rejected in the knowledge that the ongoing fragmentation of ownership materially risks the development of the site as a comprehensive development and is likely to lead to piecemeal development of singular plots of varying sizes all of which are constrained by the existing street pattern. This approach would not deliver the key objectives of large scale comprehensive redevelopment in accordance with the policy objectives for the area including the level of job creation, public realm improvements and integrated development that will foster the creation of a new mixed-use neighbourhood as part of the Riverside Business District and bring about the substantial public benefits and well-being improvements for the area.

 

 

13.4.2

Acquire the necessary land without a CPO

 

Whilst the Council and the Developer are continuing to working to negotiate voluntary acquisition of all the Order Land this option is deemed uncertain with no defined timeframe and continues to materially risk the realisation of the Scheme.

 

 

13.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

13.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

None

 

 

13.7

Respective Director Responsible for Implementation

 

 

 

Laraine Manley, Executive Director, Place

 

 

13.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Economic and Environmental Wellbeing

 

 

 

 

 

 

Report author: Matt Hayman

Publication date: 27/03/2018

Date of decision: 21/03/2018

Decided at meeting: 21/03/2018 - Co-operative Executive

Effective from: 05/04/2018

Accompanying Documents: