Agenda item

To understand the reasons why it is felt necessary to take legal action to CPO, Willow View, The Chase, March, PE15 9RJ in order to bring a long-term empty property back into use and address community concerns.

(Appendix B to this report comprises exempt information – to exclude the public (including the press) from a meeting of a committee it is necessary for the following proposition to be moved and adopted: “that the public be excluded from the meeting for Items which would involve the likely disclosure of exempt information as defined in the paragraphs 1 and 2 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended) as indicated.”

Members considered the report concerning proposed legal action for a Compulsory Purchase Order (CPO) utilising the Town and Country Planning Act powers for a long-term empty property, Willow View, The Chase, March, presented by Councillor Hoy.

Councillor Mrs French said she welcomes this action as it is something she has been working on for many years with officers and residents. The property was renovated in 2014/15 but totally vandalised after being left empty and the neighbours have suffered and been badly affected by incidents concerning this property. 

Councillor Miscandlon asked about the cost implications for the Council and Councillor Boden replied that the Council is covered as much as it can be under the legislation.

Councillor Boden stated that he is not generally in favour of CPOs for residential properties as it is not for the Council to interfere in private property matters but sometimes it is as a last resort, which it clearly is in this case. The property came to his attention when he became Leader, which shows this is not a route that is taken immediately, but If no action is taken then the problem will continue. Therefore, taking the route of a CPO in this case is entirely appropriate and the Council is exercising its role properly.

Councillor Hoy agreed with Councillor Boden; one of the first visits she made when she took on the housing portfolio over four years ago was to this property and hopefully positive progress can now be made.

Presented by Councillor Hoy, seconded by Councillor Mrs French and AGREED to make, seek confirmation of and implement a compulsory purchase order (CPO) pursuant to s226(1)(a) of the Town and Country Planning Act 1990 (TCPA) and the Acquisition of Land Act 1981 and all other enabling powers in relation to Willow View, The Chase, March, PE15 9RJ (“the Property”) which is shown edged red on the plan attached to Appendix A for the purposes of improvement.

And to resolve that the Council seek to acquire the Property whether compulsorily using the statutory powers or by voluntary agreement, and to delegate authority to the Minority Officer and Corporate Director:

·         To take all necessary steps to secure the preparation, making, and submission to the Secretary of State for confirmation and implementation of the CPO including (but not limited to), the publication and service of all statutory notices; the investigation of and response to objections (including the negotiation and completion of any necessary agreement and undertaking in order to secure the removal of objections to the CPO); and the presentation of the Council’s case at any public enquiry or via written representations and all other associated procedural steps.

·         To acquire the Property whether by voluntary agreement or compulsorily using the statutory powers section s226(1)(a) Town and Country Planning Act 1990 and Acquisition of Land Act 1981.

·         To determine the form and contents of the CPO and the statement of reasons accompanying the CPO and to finalise the same.

·         Take all appropriate actions for making amendments, modifications and deletions to the CPO and plan including updates and corrections to the draft as necessary to finalise and secure confirmation of the CPO.

·         Issue and serve any warrants to obtain possession of the Property once acquired following execution of a General Vesting Declaration or service of a Notice of Entry if it is necessary to obtain vacant possession.

·         Suspend or abandon the CPO proceedings or withdraw the CPO in relation to all or part of the Property.

·         Take necessary action to deal with all matters relating to the payment of statutory compensation including, where required, instituting, or defending proceedings.

·         Take all other necessary action to give effect to these recommendations.