Decision details

Decision Taken:

The Executive Director of Regeneration, Economy and Planning:

(a) Approves the General Vesting Declaration 1 (GVD 1) in respect of the land to be acquired as shown coloured pink on the plan annexed to the GVD 1 and the execution of the same;

(b) Approves the General Vesting Declaration 2 (GVD 2) in respect of the land over which rights are to be acquired as shown coloured blue on the plan annexed to the GVD 2 and the execution of the same;

(c) Approves the form of notice of making of the GVD1 and GVD 2;

(d) Approves the terms of the precedent letter which is to be sent to all affected parties enclosing the notice of making of the GVD 1 or the GVD 2 (as appropriate); a copy of the GVD1 or the GVD 2 (as appropriate); the claim form from the Department for Levelling Up, Housing and Communities; and guidance notes for the completion of the claim form;

(e) Approves the site notice to be erected in respect of the “unknown” plots to advertise the making of the GVD1 and/or the GVD 2;

(f) Approves the sending of a confirmation of vesting date letter to each affected party confirming the date on which all the notices of making were served and advising that the Council will contact each recipient as necessary regarding any practical arrangements for taking possession of the land to be acquired/exercising rights;

(g) Approves the payment of Stamp Duty Land Tax (SDLT) within two weeks of vesting in respect of those land interests to be acquired which give rise to SDLT liability;

(h) Approves the application to the Land Registry for registration of all the acquired interests and rights;

(i) Approves the Notice to Treat, Notice of Entry (NTTs and NoEs) and precedent letter enclosing the same in respect of those interests against whom the GVDs are ineffective and steps

(f) – (h) above in respect of such interests In all cases in accordance with the documents presented.

Reasons for the Decision:

Following the confirmation of the Compulsory Purchase Order Decision for Site A of Church Street by the Planning Inspector on 16 September 2024, it is crucial that the Council continues to facilitate the comprehensive redevelopment of Site A at Church Street (Order Land) by acquiring all relevant land interests and rights in a timely way. Whilst progress has continued to be made with property owners to agree terms for acquisitions that will enable the delivery of the Council’s redevelopment proposals for Site A of Church Street (CPO Scheme), land assembly remains a critical issue for the delivery of the CPO Scheme. The CPO Scheme cannot be delivered unless all properties within the Order Land are wholly in the ownership of the Council together with all necessary rights required to undertake the development. Without the Council acquiring the remaining land in the Order Land and the rights over the neighbouring property, there can be no certainty that the Order Land can be redeveloped. The making of GVD 1 and GVD 2 provides a level of certainty in respect of project programming. This is because once the GVD 1 and the GVD 2 have been executed, and a period of 3 months after the last of the letters have been served upon all affected parties enclosing the notice of making of the GVD 1 or the GVD 2 (as appropriate) has passed, the land to be acquired pursuant to GVD 1 and/or the rights to be acquired as set out in GVD 2 (as appropriate) will vest in the Council. A NTT is a formal request from the Council to agree a price for property and a NoE ensures that entry can be taken of such property. In each case, the GVD/NTT will facilitate the development of the CPO Scheme.