Agenda item

To authorise the use of Compulsory Purchase Order powers to acquire any land and property interests necessary to enable delivery of zones 1 & 2 identified in the West Bromwich Masterplan.

Agreed-

(1)     That approval be given to authorise the Director of Regeneration and Growth to use Compulsory Purchase Order powers to acquire any land and property interests necessary to enable delivery of zones 1 & 2 identified in the West Bromwich Masterplan.

(2)     That the Director of Law and Governance, in consultation with the Director of Regeneration & Growth, be authorised to take all preparatory actions to enable the making of a Regeneration Compulsory Purchase Order, subject to a further resolution to formally make the Compulsory Purchase Order and confirm the agreed (red-lined) order lands.

(3)     That the Director of Regeneration & Growth be authorised to procure any professional services required to advise the council on the preferred Compulsory Purchase Order strategy and execution, including a revised Property Cost Estimate (PCE) on any necessary interests.

Approval was sought to authorise the Director of Regeneration and Growth to use Compulsory Purchase Order powers to acquire any land and property interest necessary to enable delivery of zones 1 & 2 identified in the West Bromwich Masterplan.

The Vice Chair of the Economy, Skills, Transport and Environment Scrutiny Board sought clarity on why Compulsory Purchase Order(CPO) powers could not be made on pockets of land that had stood dormant for years.  The Cabinet Member for Regeneration and Growth reported that a CPO should only be made where there was a compelling case in the public interest.  This was usually to facilitate major regeneration projects in line with the Local Plan. Instead, planning enforcement powers should be used to tackle pockets of untidy land and proactive dialogue with landowners should take place to understand issues around developments.

An additional question was asked on behalf of the Chair of the Budget and Corporate Scrutiny Management Board.  Clarification was sought on what the Council was proposing to acquire and any associated risks.  The Cabinet Member for Regeneration and Growth confirmed that land and property interests were identified in the report.  A more detailed risk register had been prepared as part of the full business case submission which would continuously be updated.

Reasons for recommendations

Use of a Compulsory Purchase Order would assist SMBC in the delivery of the aspirations outlined in the West Bromwich Masterplan, which sought comprehensive regeneration of the town centre.

Alternative options considered

Option 1: Continue to negotiate by agreement only - without proactive use of CPO powers it was likely that the status quo would persist. This would fail to deliver against the Council’s regeneration agenda in West Bromwich and would fail to deliver against the Towns Fund outputs resulting in grant funding clawback.  Reputation of the Council would be at risk as a result of failing to secure and spend government grant.

Option 2: Identify another site that could achieve the Town Fund project and submit another change request - this area of West Bromwich was specifically being targeted due to acutely high levels of vacancy.  A comprehensive options appraisal had been conducted by officers and there were currently no other sites in the area that deliver similar strategic benefits and satisfy the grant funding criteria.

Resolved:-

(1)          that approval be given to authorise the Director of Regeneration and Growth to use Compulsory Purchase Order powers to acquire any land and property interests necessary to enable delivery of zones 1 & 2 identified in the West Bromwich Masterplan;

(2)          that the Director of Law and Governance, in consultation with the Director of Regeneration & Growth, be authorised to take all preparatory actions to enable the making of a Regeneration Compulsory Purchase Order, subject to a further resolution to formally make the Compulsory Purchase Order and confirm the agreed (red-lined) order lands;

(3)          that the Director of Regeneration & Growth be authorised to procure any professional services required to advise the council on the preferred Compulsory Purchase Order strategy and execution, including a revised Property Cost Estimate (PCE) on any necessary interests.