PAPER B

Purpose: For Decision

Committee:	EXECUTIVE
Date:	13 AUGUST 2002
Title:	PRESTWOOD GRANGE FARM, RYDE
	PORTFOLIO HOLDER – RESOURCES

SUMMARY/PURPOSE

To consider the way forward in the light of Counsel’s advice and the current state of negotiations.

BACKGROUND

The Executive on 2 July received an update on the progress of this proposed Compulsory Purchase Order and was advised that there was to be a conference with Counsel to consider the evidence for the Order.

That conference took place on 4 July, and Counsel’s written advice has now been received. In addition to comments on the evidence needed, he has advised that an alternative course of action is for the Council to make a Discontinuance Order under s.102 of the Town and Country Planning Act 1990.

A Discontinuance Order enables a Local Authority to require (subject to the payment of compensation) the discontinuance of any use of land. It can be made where the Local Authority are satisfied that such action is expedient in the interests of the proper planning of their area, including the interests of amenity. The Secretary of State has to approve the Order and a Public Inquiry is usually held before the decision is made.

A Discontinuance Order would be made by the Development Control Committee on the consideration of evidence as to the difficulties suffered by the local residents. It has the advantage for the Council that it would not need to purchase the land, and the compensation would accordingly be reduced.

Based on this advice it is suggested that no further action is taken at present to pursue the proposed CPO, but that a report is presented to the Development Control Committee requesting that Committee to consider making a Discontinuance Order.

Counsel has further advised that consultants be employed to assist with the preparation of evidence. Once this has been done, then the report would be presented to the Development Control Committee.

Meanwhile the Head of Property Services would continue to try to reach a negotiated settlement.

The landowner’s agents have commented that the length of time taken by the process is adversely affecting their client’s ability to run his business.

FINANCIAL IMPLICATIONS

The compensation payable under a Discontinuance Order would be lower than if a CPO is pursued. Detailed advice on this will be given to the Development Control Committee when they receive their report on this subject. There will be costs in respect of any experts appointed by the Council to gather evidence. General funding for the Discontinuance Order will also be required. The previous estimate for the CPO was £50,000 and at present this would seem to be a reasonable figure.

LEGAL IMPLICATIONS

A Discontinuance Order is made by the Council, having regard to the UDP and to other material considerations including the interests of amenity. If the landowner objects a public local inquiry is held before the Secretary of State decides whether to confirm the order.

OPTIONS

1. To agree that the Development Control Committee be asked to consider making a Discontinuance Order.

2. That for the time being no further action be taken to pursue the CPO.

3. To proceed with the CPO.

RECOMMENDATIONS

Options 1 and 2.

BACKGROUND PAPERS

Written advice from Counsel is exempt.

Contact Point: Tony Flower, F 823262

M J A FISHER Strategic Director Corporate and Environment Services

R R BARRY Portfolio Holder for Resources