Agenda item

37/22                   

The Council considered a report that sought approval for the making and publishing of a Compulsory Purchase Order (CPO) (including any required supplemental CPO) for the Langage Freeport (the ‘Scheme’) and subsequently to secure the confirmation and implementation of a CPO in relation to the CPO Land at Langage.

In the ensuing debate, the following points were raised:

(a)      Officers advised that the preferred outcome would be to reach a negotiated agreement on the sale of the land rather than to use the CPO process, which was largely a fall-back position.  Direct negotiations or negotiations between the parties and a development partner wishing to deliver the site would continue.  However, the project was time-bound and although all options were being explored and this would continue to be the case until the final moment, the CPO process was required to run in parallel in order to ensure the deadlines were met should the negotiations ultimately fail;

(b)      A Member queried how the land would be valued in the CPO process.  In response, it was confirmed that the Council and the Landowner(s) would each be represented by a Chartered Surveyor and it would be through their negotiations that the value of the land would be determined.  It was further stated that the valuation of the land would likely be higher if a negotiated agreement was reached before moving to the CPO process;

(c)       Questions of clarity were asked about the financial implications and how it was proposed that the borrowing would be funded.  In response, it was confirmed that retained Business Rates would be used and that there was no requirement for the Council to pay directly to support the borrowing;

(d)      It was reiterated that, although part of the Dartmoor National Park appeared within the outer boundary of the Freeport, there would be no impact on the area, particularly in terms of Planning and Development;

(e)      Once developed, Members were informed that the site would produce Green Hydrogen which was an environmentally friendly solution for powering those larger vehicles not currently suitable to be Electric Vehicles due to restrictions on battery size.  The direct linkages to the Council’s Climate Change and Biodiversity Emergency were recognised and welcomed by Members;

(f)        In opposing the proposals, a Member cited his growing unease at the apparent shift in direction of travel by Central Government from Freeports to Investment Zones.  Moreover, the Member did not support the extent of the delegated authority being proposed for a senior officer in the recommendations without the need for any consultation with elected Members.

It was then:

RESOLVED

1)        That approval be given to the area to be the subject of a Compulsory Purchase Order (‘CPO’) or supplemental CPO as shown edged red on the plan at Appendix 1 (“the CPO Plan”), which identifies the outline area of the land and rights to be acquired for the Scheme (“the CPO Land”) by voluntary acquisition or compulsory purchase;

2)         That authority be granted to the making of CPO(s) by the Council under section 226(1)(a) of the Town and Country Planning Act 1990 in respect of all or part of the CPO Land;

3)         That authority be granted to all necessary steps being taken to secure the making, confirmation and implementation of the CPO(s), including the publication and service of all notices, requisitions for information, statement of reasons and the preparation and presentation of the Council’s case at any public inquiry required to secure confirmation of the CPO(s);

4)         That the Council note, and give due regard in determining whether or not to authorise the making of the Orders, the public sector equality duty contained in section 149 of the Equality Act 2010 and the requirements of the Human Rights Act 1998, as detailed further in section 5 of the published agenda report;

5)         That the Council give authority for agreements to be entered into with landowners to secure the withdrawal of objections to the CPO(s) and to authorise the Director of Place and Enterprise to take all necessary steps to acquire by agreement land and/ or rights over the CPO Land, subject to any consideration payable being within the Scheme budget as set out in section 8 of the published agenda report;

6)         That authority be delegated to the Director of Place and Enterprise to make and submit the CPO(s) to the relevant Secretary of State for confirmation and to take all necessary steps to secure the making, confirmation and implementation of the CPO(s), including the preparation and presentation of the Council’s case at any public inquiry;

7)         That, subject to confirmation of the CPO(s), authority be delegated to the Director of Place and Enterprise to acquire all the land and rights over the CPO land, including service of a general vesting declaration, notice to treat or notice of entry, subject to any compensation to be paid being within the Scheme budget as set out in section 8 of the published agenda report;

8)         That authority be delegated to the Director of Place and Enterprise to make any necessary amendments to the CPO(s);

9)         That authority be delegated to the Director of Place and Enterprise to negotiate and settle all necessary compensation and professional fees (including interim payments) either as agreed with landowners or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land or rights forming part of the CPO Land in accordance with the Land Compensation Act 1961, the Compulsory Purchase Act 1965 and the Land Compensation Act 1973 provisions in force at the relevant time and the body of case law relevant to the assessment of compensation, where any compensation to be paid is within the Scheme budget as set out in the published agenda report;

10)     That the Council authorise the instruction of the Scheme Project Team’s legal advisers, Burges Salmon LLP, to prepare and serve such documentation as may be required for the CPO(s);

11)     That it be noted that the costs of the CPO process (not including land acquisition costs), which are not expected to exceed £350,000, will be funded through Freeport seed funding that was approved in the Full Business Case. The Council will cash flow the work until that funding is drawn down post designation. It is possible that the Council incurs some costs supporting this activity at risk, although this risk is assessed as being low; and

12)   That the Council recognise the internal resource requirement that the Council officer team are providing to the Freeport project to ensure its success.