The Corporate Director of Place presented the report which highlighted recent progress of the project and considered the next steps required.  The outline planning application had been submitted before Christmas and would be determined in spring 2018.  The report sought the views of Planning, Transport, Regeneration Overview and Scrutiny Committee for the ‘in principle’ use of Compulsory Purchase Order (CPO) process, prior to recommendations seeking the same ‘in principle’ decision being presented to Cabinet.  CPOs would be used as a last resort but would help to accelerate negotiations around land acquisition by providing a clear signal that the project was both serious and gaining momentum. 

Councillor Kelly reminded Officers that the Planning Committee had recently approved planning permission for a secondary school in the area with an understanding that land nearby would be used as a drop off point.  This land was near the railway station and he queried whether the comments of the Planning Committee would be taken into consideration as the regeneration progressed.  He also queried what impact the bridge over the level crossing would have.  The Assistant Director of Planning, Transport and Public Protection echoed that Members of the Planning Committee had been concerned to ensure access to the site was properly planned for.  It had been highlighted at the time that the land in question was time-limited due to the Purfleet Regeneration however the pupil population would shift over time to become more local.  The Corporate Director of Place highlighted the importance of the bridge, as the level crossing at present was a constraint to the area.  Plans would potentially affect the car park in time however the decision of the Planning Committee would be addressed.

Councillor Smith stated that it was right and proper that the Committee agree to the possible use of CPOs and put it to Cabinet to reach the final decision.  He personally welcomed the project, which he felt was long overdue, as Purfleet had been somewhat unloved in recent years.  He expressed some concern that the West of the borough was the worst area for traffic bottle-necking and urged full consideration to traffic modelling to make life for Purfleet residents as easy as possible.

The Chair advised Members that during his pre-brief with officers he had echoed Councillor Smith’s concerns regarding the west of Thurrock.  He welcomed the scheme but with caution as it would be impossible to understand the full impact until the scheme was in place.

Councillor Gerrish agreed it was right to open up the possibility of CPOs, as it was important to maintain the momentum given the scale and aspiration of the scheme.  He added however that he hoped officers would act with the utmost sympathy for landowners during the CPO process and ensure they communicated openly and in the right way.  The regeneration had been a long time coming and he was keen to see it happen.

RESOLVED:

Members of Planning, Transport, Regeneration Overview and Scrutiny Committee were asked to comment on the recommendations to be presented to Cabinet and give their thoughts on the use of Compulsory Purchase Powers to secure the delivery of this significant regeneration scheme.

Cabinet will be asked to:

a)                  note progress on the Purfleet Centre Project;

b)                  agree these recommendations on the basis that a full Compulsory Purchase Order (CPO) can only be made by Cabinet at a future Cabinet meeting.

c)                  resolve as a matter of principle, that the Council is prepared to use its compulsory purchase powers pursuant to section 226(1)(a) of the Town and Country Planning Act 1990 to acquire land to deliver the comprehensive regeneration of Purfleet Centre;

d)                  note that the regeneration team is progressing negotiations to acquire the land and interests required by private treaty and to delegate authority to the Corporate Director, Place in consultation with the Portfolio Holder for Regeneration to approve and enter into agreements with the owners and/or occupiers of the land so as to facilitate its acquisition;

e)                  note the progress on the land referencing exercise and, if required, delegate authority to the Corporate Director, Place in consultation with the Portfolio Holder for Regeneration and Assistant Director of Law and Governance to issue requisitions for information pursuant to section 5A of the Acquisition of Land Act 1981 to persons who have a potential legal interest in or who occupy the area in respect of which compulsory purchase powers are proposed to be used;

f)                   authorise the regeneration team under the direction of the Corporate Director, Place to undertake the work needed to prepare for the making of a possible Compulsory Purchase Order(s)(CPO) together with the associated documentation;

g)                  delegate authority to the Corporate Director, Place in consultation with the Portfolio Holder for Regeneration to finalise and enter into the CPO Indemnity Agreement;

h)                 resolve that any land acquired by the Council by private treaty within the area shown red on the plan at Appendix 1 in order to facilitate the Purfleet Centre Project shall be acquired for planning purposes pursuant to section 227 Town and Country Planning Act 1990;

i)                   note that pursuant to sections 203 and 204 of the Housing and Planning Act 2016, land acquired under sections 226 or 227 of the Town and Country Planning Act 1990 may then be developed and used in accordance with planning permission for the proposed scheme notwithstanding any interference with any subsisting interests, rights or restrictions (subject to the payment of compensation calculated in accordance with sections 7 and 10 of the Compulsory Purchase Act 1965);

j)                    in the event that Blight Notices under section 150 of the Town and Country Planning Act 1990 are served upon the Council, delegate authority to the Corporate Director for Place, in consultation with the Portfolio Holder for Regeneration and the Director for Law and Governance to acquire land or reject the Blight Notices as appropriate;

k)                  delegate authority to the Corporate Director for Place, in consultation with the Portfolio Holder for Regeneration, the Assistant Director for Law and Governance and the Council’s section 151 Officer to grant any approvals necessary in order to allow the Purfleet Centre Project to progress.