Agenda item

To consider Report No. LEG1719 (copy attached), which sets out a proposal for the Council to exercise its compulsory purchase powers to enable the redevelopment of a property for an Integrated Care Centre.

The Cabinet considered Report No. LEG1719, which sought approval to acquire, either by agreement or by the making of a Compulsory Purchase Order, the land known as Voyager House, Apollo Rise, Southwood Business Park, Farnborough to deliver, in partnership with the North East Hampshire and Farnham Clinical Commissioning Group, an Integrated Care Centre for the Farnborough locality.

The Solicitor to the Council explained that, in making the decision, the Cabinet had to be satisfied that there was a compelling case for an integrated health centre in the public interest and that this involved balancing the need of the Clinical Commissioning Group and the public in having access to the proposed primary health care facility against the rights and plans of the owner for  the premises. In considering this and the other matters relating to this proposal, Members were referred to both the statement of reasons for making the order at Appendix 2 of the Report and the late information previously circulated, being letters dated 19th October, 2017 and 10th November, 2017 from Shoosmiths Solicitors and sections 4 and 5 of the Planning Statement and Sequential Test, dated 14th September, 2017, prepared by the Clinical Commissioning Group as part of the planning application, giving full details of their consideration of the alternative sites. It was noted that, in May 2017, prior to the sale of the premises to the owner in August 2017, the Council and the Clinical Commissioning Group had advised the vendor’s agent of their interest in the property and had attempted, unsuccessfully, to establish the identity of the purchaser. It was further noted that subsequent to the owners’ acquisition, an approach had been made to acquire the premises but terms had not been agreed, with the owners proceeding with the fit out of the premises and the Clinical Commissioning Group awaiting the outcome of their planning application.

The Cabinet considered the alternative sites set out in section 5 of the Planning Statement and Sequential Test document and was satisfied with the Clinical Commissioning Group’s assessment of them against the criteria in section 4 that they were not suitable for provision of the integrated health centre. The Solicitor to the Council confirmed that, following receipt of counsel’s advice, that Section 226(1)(a) of the Town and Country Planning Act 1990 was the most appropriate power to use, the power in Section 25(4) and Schedule 4, paragraph 27(1) of the National Health Service Act 2006 being unavailable to the Clinical Commissioning Group. It was further confirmed that a change of use of the premises was within the definition of development under the section. The Cabinet was advised that planning permission had been granted on the 9th November, 2017 for the Integrated Health Care Centre on the site.

The Cabinet discussed the proposal and the owners proposed use of the premises for 40 serviced offices and was satisfied that there was a compelling need for an integrated health centre for the Farnborough locality for the reasons set out in the draft Statement of Reasons, including the unsuitability and insufficiency of the existing GP premises stock, the lack of ability to address these deficiencies due to building constraints and tenure and  the unsustainable nature of the current primary care provision in the locality where there is a growing need. It was agreed that, following the grant of planning permission, a further attempt to acquire by agreement should be made.

The Cabinet RESOLVED that

(i)                       the making of a compulsory purchase order be approved, pursuant to powers under Section 226(1)(a) of the Town and Country Planning Act 1990 (in accordance with the procedures in the Acquisition of Land Act 1981), for the acquisition of the land known as Voyager House, Apollo Rise, Southwood Business Park, Farnborough shown coloured pink  on the draft Compulsory Order map in Appendix 1 (“the Land”) to the Report, as the acquisition would facilitate the carrying out of development for the change of use of Voyager House to an integrated health care facility, which development was likely to contribute to the achievement of the improvement of the social well-being of the Council’s area (“the Scheme”);   

(ii)          the draft Statement of Reasons for making the Order be approved and the Solicitor to the Council be authorised to make changes to the Statement;

(iii)         the Solicitor to the Council be authorised to:

(a)          enter into an agreement for lease with the North East Hampshire and Farnham Clinical Commissioning Group, conditional upon the acquisition of the Land or confirmation of the Compulsory Purchase Order upon such terms as the Solicitor to the Council agrees in accordance with Section 233(1) of the Town and Country Planning Act 1990;

(b)          subject to the agreement of the Heads of Terms for an agreement for lease between the Council and the North East Hampshire and Farnham Clinical Commissioning Group, take all steps to secure the making, confirmation and implementation of the Compulsory Purchase Order (“the Order”) including the publication and service of all notices and the promotion of the Council’s case at any public inquiry, including but not limited to the steps in (c) to (i) below

(c)          make any amendments, deletions or additions to the draft Order Map and to prepare the schedules to the Order so as to include and describe all interests in land required to facilitate the carrying out of the Scheme;

(d)          acquire interests in the Order Land either by agreement or compulsorily including conduct of negotiations and making provision for the payment of compensation:

(e)          negotiate, agree terms and enter into agreements with interested parties for the withdrawal of objections to the Order making provision for the payment of compensation;

(f)           in the event that the Order is confirmed by the Secretary of State, execute General Vesting Declaration and / or serve Notices to Treat and Notices of Entry in respect of interests and rights in the Order Land;

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

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

(i)            to procure the conversion and fit out works for the conversion of the Land in accordance with the Scheme and to enter into any agreements in connection therewith; and

(iv)         the continuing efforts to acquire, by agreement, the interests in land needed to facilitate implementation of the Scheme, be noted.