Agenda item

The Board considered a report of the Chief Executive requesting authorisation to make the Borough of Halton (Windmill Centre, Widnes) Compulsory Purchase Order 2007 under Section 226 (1)(A) of the Town & Country Planning Act 1990, Section 13 of the Local Government (Miscellaneous Provisions) Act 1976, and the Acquisition of Land Act 1981.

It was advised that the purpose of the Compulsory Purchase Order (“The Order”) was to facilitate land acquisition and acquisition of land and new rights in land (together referred to as “the Order Land”) for redevelopment of the Windmill Centre for the reasons set out in detail in the Appendix to the report.

The Appendix gave a redevelopment background, information in respect of redevelopment of the site, the planning status and outlined justification for making a Compulsory Purchase Order. It was noted that the proposed scheme was in accordance with national planning policy for town centres and accorded with the Regional Planning Guidance for the North West.

In addition, the emerging Regional Spatial Strategy for the North West identified Widnes as a regional town/city where it encouraged retail investments that would assist in regeneration and economic development.

RESOLVED: That subject to:

(a)       the prior completion of an appropriate indemnity agreement with the Developer; and

(b)               the satisfactory grant of planning permission for redevelopment of the Order Land (as and for the purposes herein detailed in this report);

the following be resolved:

(i)         to make the Borough of Halton (Windmill Centre Widnes) Compulsory Purchase Order 2007 ("the Order") under Section 226(1)(a) of the Town and Country Planning Act 1990 and Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 and the Acquisition of Land Act 1981 for the acquisition of all interests in the Order Land and the acquisition of new rights within the Order Land;

(ii)        the Order Land shall (subject as provided otherwise in this resolution) comprise the areas shown coloured pink and blue respectively on the plan attached for the purpose of redevelopment of the Windmill Centre comprising of demolition of existing buildings, construction of new retail units together with associated provision for access, servicing, parking and landscaping; and

(iii)            delegated authority be given to the Strategic Director - Environment (whether acting personally or through any other person nominated by him) to:

(a)   take all necessary steps as soon as is reasonably practical to finalise the Order map and schedule (including the exercise of powers of requisition), secure the making, confirmation and implementation of the Order including the publication and service of all notices and the presentation of the Council's case at any Public Inquiry;

(b)   negotiate to acquire and acquire all interests in the Order Land and new rights within the Order Land either by agreement or compulsorily including prior to the making of the Order and where appropriate to agree terms for relocation;

(c)   reduce (but not increase) the area of the Order Land and/or any interests therein should the said negotiations make the inclusion of such land and/or such interests unnecessary;

(d)   make arrangements for the relocation of owners and occupiers, where appropriate;

(e)   approve agreements with the owners of any interest in the Order Land and any objectors to the confirmation of the Order setting out the terms for the withdrawal of objections to the Order including, where appropriate, seeking inclusion in and/or exclusion from the Order of land or new rights; and

(f)      in the event that a question of compensation be referred to the Lands Tribunal, to take all necessary steps in relation thereto including advising on the appropriate compensation payable and to appoint appropriate consultants if necessary to assist and advise in this regard.