Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
(1) That the Executive is satisfied that the condition of the land needs to be improved to prevent further deterioration and that the future use of the land for either a proposed reclamation scheme to provide an amenity space/community allotment site or for housing development is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the scheme is outweighed by the public benefits which the scheme will generate, having also taken into account at this stage, the statutory obligations under the Equality Act 2010 in relation to the differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics and human rights legislation.
(2) That a Compulsory Purchase Order be made pursuant to Section 89 of the National Parks and Access to the Countryside Act ) 1990 for the use of the land as an amenity space/community allotment site or under Section 17(1) of the Housing Act 1980 for use of the land for housing development, including Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers to secure the compulsory acquisition of the derelict, neglected and unsightly land situate to the north east of Draughton Grove, Little Horton, Bradford, shown edged red on the plan appended here to as Appendix C to Document “Y”.
(3) That authority be delegated to the Strategic Director Place to:
(i) decide on the most appropriate future use of the land in consultation with the Portfolio Holder and taking soundings from Ward Members
(ii) make, any necessary, minor or technical amendments to the Compulsory Purchase Order;
(iii) draft the “Statement of Reasons” to accompany the Compulsory Purchase Order”, to justify the use of compulsory purchase powers,
(iv) prepare the Compulsory Purchase Order Map and Schedule and all other legal documentation necessary to support and accompany the Compulsory Purchase Order to the appropriate Secretary of State for confirmation;
(v) approve any agreements with landowners setting out the terms for withdrawal of any objections to the Compulsory Purchase Order;
(vi) confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so, in the event that the relevant Secretary of State notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order;
(vii) promote any modifications to the Compulsory Purchase Order, if expedient to do so;
(viii) take all and any necessary action, as the case may be to promote the Compulsory Purchase Order and to continue or open negotiations as the case may be for the acquisition of the land included in the Compulsory Purchase Order and any other land needed for the reclamation scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;
(ix) take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of the land claimed to be blighted by the threat or presence of the Compulsory Purchase Order;
(x) take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration; and
(xi) take and do all other things necessary to promote or as the case may be to withdraw the Compulsory Purchase Order or incidental to the implementation of the above recommendations.
(4) That all land acquired for the reclamation scheme be held for recreational or housing purposes, as the case may be.
ACTION: Strategic Director Place
Corporate Overview and Scrutiny Committee
(Ian Day - 01274 433507)
Publication date: 06/10/2021
Date of decision: 05/10/2021
Decided at meeting: 05/10/2021 - Executive