Agenda item

Compulsory Purchase of 364 High Street, Rochester ME1 1DJ (Former Mak's Curry Nest)

Minutes:

Background:

The report sought approval for the acquisition of the former Mak’s Curry Nest at 364 High Street Rochester ME1 1DJ, through a Compulsory Purchase Order (CPO).

It was considered that the CPO would result in the property being brought back into use, and was necessary and justified as a last resort, as this benefit could not be achieved by agreement.

The report set out that the property had been empty, and for a large part of that derelict, for over 10 years. Its condition had steadily deteriorated in recent years and was now proving to be detrimental to the character of the conservation area and neighbourhood. The lack of use of both ground and upper floors was impacting on the vitality of the area as well as not providing for suitable residential accommodation in an area with high housing demand.

Decision *number:*	Decision:
150/2026	The Cabinet agreed to make a Compulsory Purchase Order (CPO) under the Acquisition of Land Act 1981 and s226(a) of the Town and Country Planning Act 1990, for the acquisition of the Property, as identified in Appendix C to the report, for the purposes of the provision of housing accommodation.
151/2026	The Cabinet agreed to authorise the Director of Place to: a) take all necessary steps to secure the making, confirmation and implementation of the CPO, including the publication and service of notices and all other associated procedural steps. b) acquire the Property, whether by voluntary agreement or compulsorily using the statutory powers set out in paragraph 1.1. of the report. c) to dispose of the Property by the options set out in 5.3 of the report with appropriate conditions to secure its repair. d) suspend or abandon the CPO proceedings or withdraw an order on being satisfied that the Property would be satisfactorily renovated and re-occupied. e) take necessary action to deal with all matters relating to the payment of statutory compensation including, where required, instituting or defending proceedings. f) take all other necessary action to give effect to these recommendations.
152/2026	The Cabinet agreed that decisions 150/2026 and 151/2026 could only be proceeded with, after a contract for the sale of the property had been agreed that covered all the costs of acquisition and the CPO, as set out in paragraphs 5.3 and 5.4 of the report.

Reasons:

The property has been empty, and for a large part of that derelict, for over 10 years. Its condition has steadily deteriorated in recent years and is now proving to be detrimental to the character of the conservation area and neighbourhood. The lack of use of both ground and upper floors is impacting on the vitality of the area as well as not providing for suitable residential accommodation in an area with high housing demand.

Officers and external agencies have also been unable to locate the owner who owes over £50,000 in business rates debt.

The property has attracted a number of complaints from local residents and therefore is having a detrimental effect on them, as it is affecting enjoyment of their properties. CPO action will allow the physical appearance of the property to be brought in line with neighbouring properties, and also for both the ground and upper floor to be put into an appropriate use, thereby increasing the economic and social wellbeing of the area.

Works to enhance the appearance of the property will remove its current blighting effect and improve the local environment for neighbouring properties.

Re-occupation/ re-use would also reduce the likelihood of the property attracting anti-social behaviour, crime and vandalism. It has already attracted squatters.

The Council considers that the CPO will result in the property being brought back into use, particularly if working in partnership with a body like the Chatham Intra Community trust. The CPO is necessary and justified as last resort as this benefit could not be achieved by agreement.

Supporting documents: