Agenda item

Future High Street Fund - Property Acquisition / Compulsory Purchase

Minutes:

Background:

 

This report sought Cabinet approval for the acquisition of the former Debenhams store in Chatham town centre through a Compulsory Purchase Order (CPO), using Future High Street Fund (FHSF) money on the best terms reasonably obtainable. The CPO would be used should agreement not be reached to acquire the property on reasonable terms.

 

The report advised that attempts to negotiate with the owners of the former Debenhams building had to date, been unsuccessful. An offer had been made to the owners based on a valuation of the property but no formal response had been received. Further discussions led to a deadline being set of the end of November 2021 for the owners to respond and no response had been forthcoming. 

 

The report was accompanied by an Exempt Appendix. This provided details of the valuation of Debenhams and the funds allocated under the Future High Streets Fund (FHSF).

 

Decision number:

Decision:

30/2022

The Cabinet agreed to delegate authority to the Director of Place and Deputy Chief Executive, in consultation with the Leader and Portfolio Holder for Resources to: 

(a) Continue negotiations with the owners of the Debenhams building to acquire the property on mutually agreeable terms.

 

(b) Commission a suitable partner or the Council’s Capital Projects or / and Regeneration Team to develop a residential scheme for the former Debenhams building to the point of obtaining planning permission and the appointment of construction contractors.

 

(c) Prepare a compulsory purchase order (CPO) for any or all of the remaining interests in the building pursuant to the Council's powers under the Acquisition of Land Act 1991 and S226(a) of the Town and Country Planning Act 1990.

 

(d) Make the CPO to secure any or all interests required for the regeneration of the building.

 

(e) Submit the CPO to the Secretary of State requesting the confirmation of the CPO.

 

(f)   Respond to objections and continue negotiations with the landowner(s) following making of the CPO.

 

(g) Give undertakings and assurances if advised to and to acquire by agreement any outstanding interests.

 

(h) Confirm the CPO as an unopposed Order if the CPO is returned to the Council for confirmation.

 

(i)   Instruct experts (including counsel) to represent the Council at an inquiry into the confirmation of the CPO or in any written representation process or process including a hearing.

 

(j)   Attend any inquiry into the CPO and to pay the costs of the planning inspectorate for the inquiry.

 

(k) Advertise the confirmation of the CPO if it is confirmed by either the Council as an unopposed order or by the Secretary of State.

 

(l)   Serve notices to treat and enter, make vesting declarations and/or deed polls to secure all remaining interests in the site.

 

(m) Seek to resolve issues of compensation by agreement or in default of agreement by reference to the Lands Chamber of the Upper Tribunal and/or by mediation.

31/2022

The Cabinet agreed to delegate authority to the Director of Place and Deputy Chief Executive, in consultation with the Leader and Portfolio Holder for Resources, to acquire any other interests necessary to secure the development of the building on the best terms reasonably obtainable.

32/2022

The Cabinet agreed to delegate authority to the Director of Place and Deputy Chief Executive, in consultation with the Leader and Portfolio Holder for Resources, to take all steps to enter into any arrangements necessary for the disposal, letting and development of the former Debenhams building.

 

Reasons:

 

To secure the development of a strategic building which is integral to the centre of Chatham. To enable delivery of residential development within former Debenhams and to enhance the regeneration and economic vitality of Chatham.

Supporting documents: