Lead Member – Councillor Ed Potter – Portfolio Holder for Economic Growth, Regeneration and Planning 

Report of Mark Barrow, Executive Director of Place – TO FOLLOW

Tel: 01743 258916

RESOLVED:

1.     Subject to consideration of the matters set out in this report and the prior completion of a CPO Indemnity Agreement (CPOIA), to make a compulsory purchase order pursuant to the Council’s powers under section 226(1)(a) of the Town and Country Planning Act 1990 (as amended by section 99 of the Planning and Compulsory Purchase Act 2004) in order to deliver the Scheme and to facilitate the comprehensive redevelopment and regeneration of the Shrewsbury Flaxmill Maltings, which in turn will contribute to the promotion or improvement of the economic, social and environmental well-being of the Council’s area.

2.     To authorise:

(1) the Assistant Director – Legal and Governance to carry out the functions set out in (a), (b) (c), (d), (e), (f), (g) and (h) below and

(2) the Executive Director of Place to carry out the functions set out in (b), (c), (d), (e), (f) (h) below:

(a)  To negotiate and enter into the CPOIA;

(b)  Subject to the completion of the CPOIA, and subject to the requirements of the CPOIA, to take all steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and all preparation and promotion of the Council’s case at any public inquiry;

(c)   To identify and acquire all third party interests required to facilitate delivery of the Scheme either by agreement or compulsorily pursuant to the CPO (including pursuant to any blight notices as appropriate) including the conduct of negotiations and making provision for the payment of compensation;

(d)  To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the CPO and/or undertakings not to enforce the CPO on specified terms, including where appropriate removing land or rights from the CPO and making provision for the payment of compensation;

(e)  In the event the CPO is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the CPO including the making of a General Vesting Declaration(s) and/or service of Notices to Treat and Notices of Entry in respect of the acquisition of interests in the Order Land;

(f)    To take all steps in relation to any legal proceedings relating to the CPO including defending or settling claims for compensation which Page 50 Cabinet 6 April 2022 – Land at Shrewsbury Flax Mill (Road Frontage) – Compulsory Purchase Order 5 are referred to the Upper Tribunal (Lands Chamber) and/or applications to the courts and any appeals;

(g)  To retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the CPO, the settlement of compensation and any other claims or disputes; and

(h)  Following implementation of the Council’s powers of compulsory acquisition, to authorise and take all legal and procedural steps to secure the transfer of the Order Land to Historic England

The Deputy Leader and Portfolio Holder for Economic Growth, Regeneration and Planning presented the report which sought approval to make a Compulsory Purchase Order, and, subject to the confirmation of the Order by the Secretary of State for Levelling Up, Housing and Communities, to subsequently transfer the land acquired to Historic England, to enable the delivery of a mixed-use development comprising residential accommodation, together with commercial, business and service uses being a key element of the wider regeneration of Shrewsbury Flaxmill Maltings.

It was felt this was a fantastic addition to Shrewsbury and members were encouraged to visit if they had not already done so.

RESOLVED:

1.     Subject to consideration of the matters set out in this report and the prior completion of a CPO Indemnity Agreement (CPOIA), to make a compulsory purchase order pursuant to the Council’s powers under section 226(1)(a) of the Town and Country Planning Act 1990 (as amended by section 99 of the Planning and Compulsory Purchase Act 2004) in order to deliver the Scheme and to facilitate the comprehensive redevelopment and regeneration of the Shrewsbury Flaxmill Maltings, which in turn will contribute to the promotion or improvement of the economic, social and environmental well-being of the Council’s area.

2.     To authorise:

(1) the Assistant Director – Legal and Governance to carry out the functions set out in (a), (b) (c), (d), (e), (f), (g) and (h) below and

(2) the Executive Director of Place to carry out the functions set out in (b), (c), (d), (e), (f) (h) below:

(a)  To negotiate and enter into the CPOIA;

(b)  Subject to the completion of the CPOIA, and subject to the requirements of the CPOIA, to take all steps to secure the making, confirmation and implementation of the CPO including the publication and service of all notices and all preparation and promotion of the Council’s case at any public inquiry;

(c)   To identify and acquire all third party interests required to facilitate delivery of the Scheme either by agreement or compulsorily pursuant to the CPO (including pursuant to any blight notices as appropriate) including the conduct of negotiations and making provision for the payment of compensation;

(d)  To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the CPO and/or undertakings not to enforce the CPO on specified terms, including where appropriate removing land or rights from the CPO and making provision for the payment of compensation;

(e)  In the event the CPO is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the CPO including the making of a General Vesting Declaration(s) and/or service of Notices to Treat and Notices of Entry in respect of the acquisition of interests in the Order Land;

(f)    To take all steps in relation to any legal proceedings relating to the CPO including defending or settling claims for compensation which Page 50 Cabinet 6 April 2022 – Land at Shrewsbury Flax Mill (Road Frontage) – Compulsory Purchase Order 5 are referred to the Upper Tribunal (Lands Chamber) and/or applications to the courts and any appeals;

(g)  To retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the CPO, the settlement of compensation and any other claims or disputes; and

(h)  Following implementation of the Council’s powers of compulsory acquisition, to authorise and take all legal and procedural steps to secure the transfer of the Order Land to Historic England