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The Council of the Borough of South Tyneside (Barrington Street, Coronation Street, East Street, Keppel Street and King Street) Compulsory Purchase Order 2016

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The Council of the Borough of South Tyneside (Barrington Street, Coronation Street, East Street, Keppel Street and King Street) Compulsory Purchase Order 2016 THE COUNCIL OF THE BOROUGH OF SOUTH TYNESIDE (BARRINGTON STREET, CORONATION STREET, EAST STREET, KEPPEL STREET AND KING STREET) COMPULSORY PURCHASE ORDER 2016 SECTION 226(1)(a) OF THE TOWN AND COUNTRY PLANNING ACT 1990 SECTION 13 OF THE LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 AND THE ACQUISITION OF LAND ACT 1981 STATEMENT OF REASONS of THE COUNCIL OF THE BOROUGH OF SOUTH TYNESIDE 71160982.4\SW37 CONTENTS Page 1 INTRODUCTION 1 2 THE ENABLING POWERS FOR THE CPO 2 3 INCORPORATION OF THE MINING CODE 3 4 THE ORDER LAND 3 5 DESCRIPTION OF THE NEW RIGHTS 5 6 BACKGROUND TO SCHEME 5 7 DESCRIPTION OF THE SCHEME 7 8 THE COUNCIL'S JUSTIFICATION IN MAKING THE ORDER 10 9 SPECIAL CONSIDERATIONS AFFECTING THE ORDER LAND 20 10 EQUALITY 22 11 CONTACT INFORMATION 23 12 INSPECTION OF DOCUMENTS 23 13 INQUIRY PROCEDURE RULES 23 14 INQUIRY DOCUMENTS 24 APPENDIX 1 – PLANNING POLICY 26 71160982.4\SW37 1. INTRODUCTION 1.1 On 23 March 2016 the Council of the Borough of South Tyneside (the "Council") resolved to make the Council of the Borough of South Tyneside (Barrington Street, Coronation Street, East Street, Keppel Street and King Street) Compulsory Purchase Order 2016 (the "Order"). 1.2 The Order has been made under section 226(1)(a) of the Town and Country Planning Act 1990 ("1990 Act"), as the Council considers that there is a compelling case in the public interest to acquire land to facilitate development, redevelopment or improvement within South Shields Town Centre, comprising a new integrated transport interchange, retail and leisure development and associated works including highway works, car parking, public realm improvements and landscaping ("the Scheme") and that the proposed acquisition is likely to contribute to the achievement of the promotion or improvement of the economic, social and/or environmental well- being of South Shields Town Centre. 1.3 Planning permission has been granted for the Scheme which comprises three components; the Masterplan Development, Transport Interchange Development and Highway Works, as detailed in Section 7 below. 1.4 The Order is also made under section 13 of the Local Government (Miscellaneous Provisions) Act 1976 to enable the Council to acquire new rights over land in order to enable the proposed works to be carried out and brought into beneficial use and maintained thereafter ("New Rights"), as detailed in Section 5 below. 1.5 The land proposed to be compulsorily acquired and/or used pursuant to the Order comprises land, premises, car parks, public roads and footways at: East Street, East Smithy Street, King Street, Chapter Row, Barrington Street, Cornwallis Street, Wallis Street, Nelson Street, Coronation Street, Waterloo Square, Keppel Street, Albemarle Street, William Street, Burrow Street and South Shields Metro Station (the "Order Land"), as detailed in Section 4 below. 1.6 The Scheme will provide the comprehensive enhancement of the retail and leisure offer in South Shields Town Centre, integrating and improving its public transport facilities, improving pedestrian flow, and improving the urban fabric of the Town Centre. The Scheme will bring significant economic benefits to the town by attracting more people into the town's retail and leisure core. The purpose of the Order is to secure the acquisition of all relevant interests in the Order Land to facilitate delivery of the Scheme. 1.7 The Scheme is being promoted by the Council, Muse Developments Limited ("Muse") and Nexus, the trading name of the Tyne and Wear Passenger Transport Executive. Muse are highly experienced developers of large-scale regeneration schemes and have entered into a Development Agreement with the Council for the delivery of the Masterplan Development and Transport Interchange Development. Nexus has responsibilities for Metro services, bus services, and the Shields Ferry within Tyne and Wear and has agreed heads of terms for a Partnership Agreement with the Council for delivery of the Transport Interchange Development. Further information on Muse and Nexus is contained in Section 8 below. 1.8 The schedule to the Order (the "Schedule") lists owners, lessees, tenants and occupiers of the Order Land. In addition, it also lists other parties with a qualifying interest in the Order Land as defined by section 12(2) of the Acquisition of Land Act 1981 including those with the benefit of rights within the Order Land or restrictive covenants that affect titles that make up the Order Land. Where appropriate and reasonably practicable, the Council will consider the grant of equivalent or alternative rights to the current beneficiaries of rights if reasonably required for the continued enjoyment of the property benefitting from the right. 1.9 The Schedule has been based on information gathered through site inspections and enquiries, responses to notices issued under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 and inspection of Land Registry documents. There has been an extensive enquiry to identify land interests, but it is recognised that currently unknown interests may emerge in the course of proceeding with the compulsory purchase process. 71160982.4\SW37 1 1.10 The map to the Order (the "Order Map") identifies the Order Land and highlights the land proposed to be acquired in pink and the land on, over or under which the New Rights are to be acquired in blue. Individual plot boundaries and numbers on the Order Map correspond with the Schedule. 1.11 The Order has been submitted to the Secretary of State for Communities and Local Government for confirmation pursuant to the Acquisition of Land Act 1981. If confirmed by the Secretary of State, the Order will enable the Council to acquire compulsorily the land and the New Rights included in the Order. 1.12 This Statement of Reasons has been prepared pursuant to and in accordance with the "Guidance on Compulsory purchase process and the Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion" prepared by the Department for Communities and Local Government, October 2015 (the "CPO Guidance"). 2. THE ENABLING POWERS FOR THE CPO 2.1 Section 226(1)(a) of the 1990 Act enables the compulsory acquisition of land where an acquiring authority considers the acquisition will facilitate the carrying out of development, redevelopment, or improvement on or in relation to land and where the acquiring authority considers the development, redevelopment or improvement is likely to contribute to the achievement of the promotion or improvement of the economic, social, and/or environmental well-being of the authority's area. 2.2 Section 13 of the Local Government (Miscellaneous Provisions) Act 1976 enables the Council to acquire new rights, which are not in existence when the Order is made and are specified in the Order. 2.3 The Council has made the Order pursuant to its powers under section 226(1)(a) of the Town and Country Planning Act 1990 and section 13 of the Local Government (Miscellaneous Provisions) Act 1976 for the following reasons: 2.3.1 it has not been possible to acquire by agreement all interests that are required for the Scheme and it is unlikely it will be able to acquire the remaining interests by agreement within reasonable timescales to enable comprehensive delivery of the Scheme; and 2.3.2 the New Rights are required to enable the proposed works to be carried out and brought into beneficial use and maintained thereafter. 2.4 The purpose of the Order is therefore to secure the acquisition of all relevant interests in the Order Land to facilitate delivery of the Scheme. 2.5 Section 10 of the Transport Act 1968 enables Nexus (the trading name of the Tyne and Wear Passenger Transport Executive), to purchase compulsorily any land which the Executive requires for the purposes of their business. However, Nexus does not propose to use those powers in relation to the Transport Interchange Development, as both it and the Masterplan Development are integral and inter-locking components of the wider comprehensive Scheme. The Council is therefore satisfied that section 226(1)(a) is not being "used in place of other more appropriate enabling powers” pursuant to paragraphs 66 and 67 of the CPO Guidance. 2.6 The Council recognises that a compulsory purchase order can only be made if there is a compelling case in the public interest (paragraph 12 of the CPO Guidance) which justifies the overriding of private rights in the land sought to be acquired. 2.7 The Council is satisfied that it may lawfully exercise its powers of compulsory purchase under the powers set out above and, for the reasons set out in Section 8 below, that there is a clear and compelling case in the public interest for such exercise and that the public interest is sufficiently important to justify the interference with private rights. The Council is satisfied that the Order may lawfully be made. 71160982.4\SW37 2 3. INCORPORATION OF THE MINING CODE 3.1 The Order incorporates the mining code, also known as the minerals code, contained in Schedule 2 of the Acquisition of Land Act 1981 and applied by section 3 of that Act. Paragraphs 159 and 160 of the CPO Guidance provide advice on the code and its application in a compulsory purchase order. The CPO Guidance states that the code should not be incorporated automatically or indiscriminately, as this may lead to the sterilisation of minerals, including coal reserves. The definition of mines and minerals includes coal, ironstone, slate and other minerals. Acquiring authorities are asked to consider the matter carefully before including the code having regard to the existence of statutory rights of compensation or whether repair of damage might provide an adequate remedy in the event of damage to land, buildings or works occasioned by mining subsidence.
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