3. AYLESBURY CANAL BASIN – AYLESBURY CANAL SOCIETY – COMPULSORY PURCHASE
The Aylesbury Canal formed a key element of the Waterside retail development scheme. The Council had completed a 200 year lease of the Basin with British Waterways Board in order to bring the site within the development footprint. The Aylesbury Canal Society currently held a lease of part of the Canal, and unless the lease was brought to an end and the site vacated, the Canal could not be offered to the developer.
Negotiations were continuing with the Aylesbury Canal Society and, indeed a meeting had been held recently which suggested that an agreement was imminent, although a final decision had not yet been made. Cabinet received a report on the current position and explaining the steps that needed to be taken in the event that it was necessary to acquire compulsorily the areas occupied by the Aylesbury Canal Society. The report also referred to financial information in relation to rent levels and possible levels of compensation, the details of which were included within the confidential part of the Cabinet agenda.
Whilst Cabinet felt that approval should be given to the compulsory purchase process, it was considered that in the light of the ongoing discussions, implementation of the Cabinet’s decisions should be delayed for a period of 6 weeks from the date of this meeting. Accordingly, it was RESOLVED – That subject to implementation of those matters specifically related to the CPO being delayed for a period of six weeks from the date of this meeting, in the light of ongoing negotiations:-
(1)authority be given to the making of a Compulsory Purchase Order under Section 226(1)(a) of the Town and Country Planning Act, 1990, and Section 13 of the Local Government (Miscellaneous Provisions) Act, 1976, if required, for the acquisition of the Aylesbury Canal Society interest in the land shown edged red on the Plan attached to the Cabinet report and described generally as “the ACS Land” together with any subsidiary interests of which the Council is not currently aware, but which may become apparent as preparation for making the CPO progresses, for the purposes of securing mixed use development of the Aylesbury Canal Basin; and
(2)that the Director of Environment and Planning be authorised to:-
(a)take all necessary steps to secure the making, confirmation and implementation of the CPO;
(b)acquire the Aylesbury Canal Society or any other subsidiary interest in the Aylesbury Canal Society land whether by agreement or compulsorily;
(c)negotiate with the Aylesbury Canal Society and any other land owner or occupier;
(d)set out the terms for withdrawal of objections to the CPO;
(e)make arrangements to assist with the relocation of the Aylesbury Canal Society and/or another land owner or occupier;
(f)make arrangements for the presentation of the Council’s case for confirmation of the CPO at any public inquiry; and
(g)exercise the compulsory purchase powers authorised by the CPO by way of general vesting declaration and/or notice to treat.
4.EXCLUSION OF THE PUBLIC FROM THE MEETING
That under Section 100(A)(4) of the Local Government Act, 1972, the public be excluded from the meeting for the following item of business on the grounds that it involved the likely disclosure of exempt information as defined in the Paragraph indicated in Part 1 of Schedule 12A of the Act:-
Aylesbury Canal Society – CPO – Financial Information. (Paragraph 3).
The public interest in maintaining the exemption outweighed the public interest in disclosing the information because the report contained commercially sensitive information about ongoing contract negotiations.
5.AYLESBURY CANAL SOCIETY – CPO – FINANCIAL INFORMATION
In connection with item 3 above, Cabinet considered financial issues associated with rent levels and estimated compensation payments based upon advice received from the Council’s consultants.
Sunday, 6 September 2009
This is from the minutes of a council meet in Aylesbury reference the Aylesbury Canal Basin. Sorry but its not doing it for me. I think there is something wrong.