Decision details

(i)  To resolve, subject to consideration of the matters set out in this report and the prior completion of the proposed CPO Indemnity Agreement (“CPOIA”), to make a compulsory purchase order pursuant to powers under sections 226(1)(a) of the Town and Country Planning Act 1990 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the acquisition of the land and new rights for the purposes of securing the comprehensive redevelopment and improvement of the Bargate Shopping Centre and surrounding land to provide a mixed use development with associated parking and servicing, landscaping and public realm.

(ii)  To authorise the Service Director: Growth in consultation with the Service Director: Legal and Governance to carry out the functions set out in (a), (d), (e) and (h) below and to authorise the Service Director: Legal and Governance to carry out the functions set out in (b), (c), (f) and (g) below:

a)  To negotiate and enter into the CPOIA;

b)  Subject to the completion of the CPOIA and subject to the requirements of the CPOIA, to take all steps to secure the making, confirmation and implementation of the Compulsory Purchase Order (“Order”) including the publication and service of all notices and the promotion of the council’s case at any public inquiry;

c)  To make any amendments, deletions or additions to the land identified in this report to be subject to the Order  (“Order Land”) as to include and describe all interests in land and rights required to facilitate the carrying out of the redevelopment and regeneration of the Bargate Shopping Centre and surrounding area;

d)  To identify and acquire interests and new rights required to facilitate delivery of the redevelopment and regeneration of the Bargate Shopping Centre and surrounding area either by agreement or compulsorily pursuant to the Order (including pursuant to any blight notices as appropriate) including conduct of negotiations, making provision for the payment of compensation;

e)  To negotiate, agree terms and enter into agreements with interested parties including agreements for the withdrawal of blight notices and/or the withdrawal of objections to the Order and/or undertakings not to enforce the Order on specified terms, including where appropriate removing land or rights from the Order, making provision for the payment of compensation and/or relocation;

f)  In the event the Order is confirmed by the Secretary of State, to advertise and give notice of confirmation and thereafter to take all steps to implement the Order including, as applicable in accordance with the CPOIA to execute General Vesting Declarations and/or to serve Notices to Treat and Notices of Entry in respect of the acquisition of interests in and rights over the Order Land;

g)  To take all steps in relation to any legal proceedings relating to the Order including defending or settling claims referred to the Lands Tribunal and/or applications to the courts and any appeals; and

h)  To retain and/or appoint external professional advisers and consultants to assist in facilitating the promotion, confirmation and implementation of the Order, the settlement of compensation and any other claims or disputes.

The Bargate Shopping Centre and adjoining land is in need of redevelopment.  It has been identified as a “Very Important Project” and is allocated for redevelopment in the City Centre Action Plan 2015.  Planning Permission was granted for redevelopment of the site in August 2017 and a Compulsory Purchase Order is required to achieve site assembly and enable the development to proceed.  The development promotes the social, environmental and economic objectives of Southampton which are considered to outweigh the harm caused by interference with the human and other rights of those likely to be affected by compulsory purchase. In officers' view, there is a compelling case in the public interest sufficient to justify the making of the Order and that the requirements of making a CPO as detailed in the Government’s CPO Guidance are met.

Although site assembly could be sought by private treaty alone it is unlikely that this could be achieved within a reasonable timescale without CPO powers. It is therefore considered crucial that the site is supported by a CPO in order to achieve certainty of delivery. Officers understand that BPL will continue to seek the purchase of interests by agreement.