Salford City Council - Record of Decision
I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitutiondo hereby:
(1) Agree that the acquisition of the Order Lands will facilitate the assembly of land for construction of the Pendleton Community Activity and Health Hub (PCAHH)which will make a very positive contribution to the achievement of the promotion or improvement of the economic, social and environmental wellbeing of the area.
(2) Authorise the making of a Compulsory Purchase Order (CPO) under the provisions of Section 226 of the Town and Country Planning Act 1990 to secure the acquisition of the land and interests within the sites concerned.
(3) Authorise the Strategic Director for Place to seal the order and to take all necessary steps, including the publication and service of all statutory notices and presentation of the Council’s case at public inquiry, to secure confirmation of the Compulsory Purchase order by the Secretary of State for Communities and Local Government and the vesting of the land in the City Council.
(4) Authorise the Strategic Director for Place (in the event that the Secretary of State notifies the Council that it has been given the power to confirm the Order) to confirm the Order, if he is satisfied that it is appropriate to do so.
(5) Authorise the Strategic Director for Place to approve agreements with the landowner setting out the terms of withdrawals of objections to the Order including where appropriate the exclusion of land from the Order.
(6) Authorise the Strategic Director for Place to make deletions from, and minor amendments and modifications to the proposed Order and Order Plan or to agree to refrain from vesting any land included within the Order if appropriate.
(7) Authorise the Strategic Director for Place to negotiate terms for the acquisition by agreement of any outstanding interests in the land within the Order prior to confirmation.
(8) Agree the following re-housing and compensation arrangements for the displaced residential occupier of 14 Holcombe Close:
a. Requests from owner-occupiers for disposal of their homes in advance of the confirmation of the Order will be dealt with quickly.
b. Compensation for owner-occupiers will be paid in accordance with the law on compulsory purchase and relocation assistance will be offered in accordance with the Allocations Policy (January 2021) currently in operation.
c. Discretionary Home Loss and Disturbance payments will be made available to all qualifying residents seeking relocation.
The Reasons are that there is a compelling case for compulsory purchase of the Order Land to facilitate the comprehensive re-development of the area as part of the Creating a new Pendleton initiative including the construction of a new Pendleton Community Activity and Health Hub.
The council has been unable to acquire the remining property by agreement. However, it is necessary to pursue a CPO to ensure the Council can build out the order lands. The council believes it has a compelling case in the public interest which justifies the inference with the rights of those who have an interest in the affected land by the CPO
Legal Advice obtained: Yes - Juliet Mbam, Principal Solicitor, Planning & Infrastructure
Financial Advice obtained: Yes - Chris Mee, Group Accountant (Capital/PFI)
Procurement Advice obtained: Not applicable
HR Advice obtained: Not applicable
Climate Change Advice obtained: Not applicable
The following documents have been used to assist the decision process:
Report of the Strategic Director of Place submitted to Property and Regeneration Briefing held on 8 August 2022
Contact Officer: Dylan Vince - Service Manager, Assets and Development
This decision is not subject to consideration by another lead member or strategic director
The appropriate Scrutiny Committee to call-in the decision is the Growth Prosperity Scrutiny Panel.
Signed: Councillor Tracy Kelly
Deputy City Mayor
Date: Monday 8 August 2022
* This decision was published on Monday 8 August 2022.
* This decision will come in force at 4.00 pm on Monday 15 August 2022 unless it is called-in in accordance with the Decision-Making Process Rules.