Decision details

BLIGHT SITE - LAND NORTH EAST OF DRAUGHTON GROVE, BD5 WIBSEY

Decision Maker: Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

Resolved –

           

(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

Accompanying Documents: