Decision details

To make and pursue the confirmation of a Compulsory Purchase Order to facilitate the acquisition of land at Snipe Lane, Darlington under section 226(1)(a) of the Town and Country Planning Act 1990.  The acquisition of the land in question (the ‘Order Land’) is necessary to allow the Council to dedicate and adopt part of Snipe Lane as a public road, and to enhance other public rights of way, as part of the Scheme.

RESOLVED - (a)  That the use of compulsory purchase powers for the purpose of the acquisition of the Order Land under the provisions of the Town and Country Planning Act 1990, Section 226(1)(a), for the reasons and purposes as set out in the submitted report, be agreed.

(b)  That in respect of the Order Land, the Director of Economic Growth and Neighbourhood Services be authorised to:

(i)    take all necessary steps to secure the making, confirmation (where permitted) and implementation of the Compulsory Purchase Order, including the publication and service of all notices and the presentation of the Council's case at any Public Inquiry;

(ii)  take all necessary steps to negotiate and approve agreements with land owners and owners of affected interests setting out the terms for the withdrawal of objections to the compulsory purchase order, including where appropriate, seeking exclusion of land from the compulsory purchase order;

(iii)take all necessary steps to bring into operation the Compulsory Order if confirmed, including all further steps required to acquire land interests including but not limited to the making of any required general vesting declaration and the payment of appropriate compensation.

(iv)make such amendments and additions to the draft Statement of Reasons as the Director deems necessary to properly reflect the Council's reasoning regarding the proposed CPO so as to properly present the Council's case at any inquiry; and

(v)  take all necessary steps to negotiate the acquisition of any qualifying interest in the Order Land in advance of making the compulsory purchase order.

REASONS – (a) To facilitate a Scheme for the development of Council-owned land off Neasham Road for housing, including much needed affordable housing.

(b)  To enable the adoption of part of Snipe Lane, including enhanced footpath and cycleway provision, as part of that Scheme.

(c)  The Scheme has a chance of early delivery, and once delivered will provide significant social and economic benefits to the Borough and will support the Council's planning targets for the provision of housing, including affordable housing.

(d)  Implementation of the Scheme and realising the benefits of the Scheme are dependent on acquiring the Order Land.  The Council has no other way of acquiring good title to the land required in a reasonable timeframe.

(e)  Alternative options to the scheme have been considered and are explained in the submitted report.  For the reasons set out in the Full Report, Officers consider that there is no alternative to compulsory acquisition and no impediment to the developing the Scheme, including the Order Land.

Representations Received - A Member submitted a number of questions concerning the need for a CPO and the possibility of alternative options to the need for a CPO, including the possibility of purchasers obtaining defective title insurance.  The questions were answered ahead of the decision session by Ian Williams (Director of Economic Growth and Neighbourhood Services) on defect of title insurance would greatly slow the sales of properties, potential purchasers may be advised against buying properties with defective title   After consideration of the possible options, the only viable option was to acquire all al the land for needed for development by compulsory purchase.  The Leader was provided with both questions and answers ahead of the decision session.  The representation received, and the response of the Director to that representation, can be seen at Item No. 2 of this agenda.

Members and Officers in Attendance at the Session:

Councillor Johnson, Cabinet Member with the Resources Portfolio

Councillor Marshall, Cabinet Member with the Economy Portfolio

Paul Wildsmith, Managing Director

Ian Williams, Director of Economic Growth and Neighbourhood Services

Elizabeth Davison, Assistant Director – Resources

Luke Swinhoe, Assistant Director - Law and Governance

Andy Walker, Communications Manager

Lynne Wood, Elections Manager

Conflicts of Interest – None

Alternative Options Considered – Detailed in submitted report