Agenda item

To seek approval to make a Compulsory Purchase Order of the properties and land identified in the plan attached to this report, and to acquire, redevelop and bring into use two long term vacant properties located within the Padiham TH (Townscape Heritage) area.

Purpose

To seek approval to make a Compulsory Purchase Order of the properties and land identified in the plan attached to this report.

To acquire, redevelop and bring into use two long term vacant properties located within the Padiham TH (Townscape Heritage) area.

Reasons for Decision

It should be noted that at a meeting of the Executive on 3^rd July 2018, the Executive gave approval for the Council to purchase the CPO land by agreement; however this has not been possible. The Council therefore wishes to exercise powers to acquire compulsorily the CPO land as appropriate to facilitate the repair and restoration of two dilapidated buildings, which is a key priority under the Padiham TH (Townscape Heritage) programme.

The Council will continue to make all efforts to communicate with all interested parties concerned, and where possible purchase by agreement. However, even if the Council does manage to acquire part or all of the CPO land by agreement, it is likely we will wish to proceed with a CPO to resolve any title issues and ensure that all land and property can be fully restored to the original proportions and brought back into use.

The properties included within the CPO land are long term vacant: No 33 since Dec-2002 and No 35 since Oct-2007. Without intervention by the Council the properties will most likely remain vacant, continue to deteriorate, attract anti-social behaviour, fly-tipping and arson, all of which cause fear and distress in local residents, and will undermine the efforts of the TH programme.

Where possible, all interested parties of the CPO land have been contacted and have either not responded or have given no reasonable proposals for renovating the properties or bring them back into use.

The proposed action will help to achieve the Council’s strategic plan of ‘People Places Prosperity and Performance’. The acquisition and renovation of the vacant properties within the CPO land will enable the Council to bring them back into use, which will improve the environment for businesses and residents in the vicinity and reduce the potential for crime and anti-social behaviour.

Decision

(1)          That authorisation be given to the making of a Compulsory Purchase Order (CPO), to be known as The Burnley (33-35 Burnley Road, Padiham, Burnley) Compulsory Purchase Order 2019, under Section 226(1)(a) of the Town and Country Planning Act 1990 for the purpose of renovation/redevelopment. The CPO land is shown in pink on the  location plan attached to the report and comprises of:

·         33-35 Burnley Road, Padiham, Burnley

·         A small area of unregistered land to the rear of 33-35 Burnley Rd, Padiham, Burnley

(2)          That the Head of Legal and Democratic Services be authorised to make minor amendments, modifications or deletions to the CPO schedule of interests and map, should this be necessary, and to finalise the making and submission of the CPO.

(3)          That the Head of Legal and Democratic Services be authorised to publicise and serve notice of making of the CPO on the holders of all the property interests identified.

(4)          That the Head of Legal and Democratic Services and other relevant officers be authorised to secure confirmation of the CPO, including promoting the Council’s case at a public inquiry, if necessary.

(5)          That subject to confirmation by the Secretary of State the Head of Legal and Democratic Services be authorised to secure full title to and possession of the CPO land as appropriate by:

·         Serving notice of confirmation of the CPO on all interested parties

·         Serving notice of intention to execute a General Vesting Declaration

·         Executing the General Vesting Declaration

·         Serving Notices to Treat and/or Entry as appropriate

(6)          That the Head of Economy and Growth be authorised to tender any renovation works and be given delegated power to accept the tender.

(7)          That the Head of Economy and Growth, in consultation with the Head of Housing and Development Control, be authorised to coordinate a programme of planned repair/restoration works including gaining any statutory consents and to manage the end use of the properties.

(8)          That the Head of Economy and Growth, in consultation with the Head of Finance and Property, be authorised  to agree terms for any disposals and for the Head of Legal and Democratic Services to undertake completion of any legal agreements.