Cabinet Delegated Decision Meeting Date Monday 18 March 2013 Report Title Seasalter Levels – CPO Delegation Portfolio Holder Cllr G Lewin SMT Lead Pete Raine Head of Service James Freeman Lead Officer Gill Harris Key Decision No Classification Open Forward Plan Reference number: Recommendations 1. That SBC agree to delegate authority to Canterbury City Council to Compulsory Purchase Order the Whitstable Bay Estate area in the Swale Borough Council area. Purpose of Report and Executive Summary 1.1 The purpose of this report is to agree to delegate authority to Canterbury City Council to Compulsory Purchase Order the Whitstable Bay Estate area which falls in the Swale Borough Council area. A multi-agency partnership has made substantial progress in resolving long-standing problems at Seasalter, and acquiring land and transferring the management of that land to RSPB. The final stage of the strategy to acquire the land is for the Partnership to confirm and implement a Compulsory Purchase Order (CPO). Canterbury City Council (CCC) is undertaking the CPO and along with the RSPB are funding the process. The principal of this has previously been agreed through the Partnership Agreement. 2 Background 2.1 The Seasalter and Graveney Levels form part of the North Kent grazing marsh, which stretches from Whitstable in the east to Gravesend on the Thames Estuary in the west, including the Medway estuary and the Isle of Sheppey. The Seasalter Levels is an area of approximately 500 hectares of coastal marshland to the south west of Whitstable. They form part of an internationally important site for nature conservation and include a number of scheduled ancient monuments. The levels are a site of special scientific interest and were designated a Ramsar site and Special Protection Area (SPA) in 1985 as extended in 1993. They are also a Site of Special Scientific Interest, notified in 1968 and again under the Wildlife and Countryside Act 1981 in 1984 and 1990. The Kingswood Foresters acquired the Whitstable Bay, Viking and Seasalter Page 1 of 4 Meadows land in the 1970s and subdivided into several hundred Leisure Plots. 2.2 The Whitstable Bay and Viking Estates have a long history of breaches of planning control and in order to proactively manage the site the Council formed a partnership in 2007 with RSPB, Natural England (NE), and Swale Borough Council (SBC), and leased the council’s land to RSPB, who have since managed the Local Nature Reserve for nature conservation. The plot lands at Whitstable Bay Estate have continued to suffer from unauthorised access and activity and breaches of planning. 2.3 The long-term solution for the problems at Whitstable Bay and the Vikings Estate is based on a vision for a wider area of land at Seasalter and Graveney whereby the land will be positively managed for nature conservation and will provide an important community resource with sensitively controlled public access. This vision is based on resolving issues on Whitstable Bay and Viking Estates and bringing the land into proper management. This is not practical with the current fragmented ownership and officers and Natural England advise that the only way in which land can be restored to favourable condition is to have the land under one management. 2.4 In 2004 Canterbury City Council bought most of the remaining plots owned by Kingswood Foresters. Since 2007, with the support and agreement of the partnership, RSPB has undertaken a process of voluntary acquisition of land owned by plotholders, writing to all the addresses held by the Land Registry and to any other addresses held by the partners for land registered on the Whitstable Bay Estate 2.5 The partnership suspects that many of the owners have moved address and/or no longer have any practical involvement in the land, and are therefore difficult to contact. A number of transactions have failed where the registered owner is deceased and there is a lack of probate. In these circumstances, the only way to acquire the remaining landholdings is to compulsorily purchase the remainder of the land. 3 Proposal 3.1 Considerable progress has been made in tackling long-term problems at Seasalter. However the land cannot be effectively managed as internationally important grazing marsh (for which it is designated) unless it is managed as an open, uninterrupted space. Under one management organisation, the important ecology of the site will be reinstated and need for enforcement resources and those to tackle vandalism, unauthorised activities and antisocial behaviour, will be negated. It is recommended that the Council agrees to delegate authority to CCC to Compulsory Purchase Order the Whitstable Bay Estate in order to secure one management of the otherwise fragmented land at Whitstable Bay Estate, with a view to producing a longer term strategy for enhancement at Vikings Estate. 3.2 Of the two plotland areas, Whitstable Bay Estate and Vikings Estate, the Whitstable Bay Estate has been prioritised for restoration to a good quality habitat, because: Page 2 of 4 • There are not enough funds to purchase Whitstable Bay Estate (WBE) and Vikings Estate • CCC/RSPB ownership is greater on WBE • There is greater ability to control the land • The bulk of enforcement costs are spent here • It represents greater public value for money • It is in more ecologically unfavourable condition • It represents best opportunities for ecological enhancement Acquisition of the entirety of Whitstable Bay Estate would enable this site to be managed to favourable condition, and allow for the prevention of access, vandalism, squatting, planning enforcement and other anti-social issues related to this parcel of land. 3.3 Canterbury City Council Officers have now drafted a compulsory purchase order together with a statement of reasons, which has been approved by a barrister. The order is with the Department of the Environment, Forestry and Agriculture for approval. The order encompasses about 300 individual plots. There may be a public inquiry as there are a few plot holders who do not agree with the purchase of their land. We cannot tell at this stage how many objectors there will be, but many of the owners have disappeared now, so we are not dealing with 300 individuals. Where individuals cannot be found the purchase money for the plot will have to be paid into court, where it will remain for 12 years in an interest bearing account. If the owners have not reclaimed it in that time the money can be recycled to buy further plots, if the partnership is still in existence at that time. If not it will be returned to the RSPB. 4 Alternative Options 4.1 An alternative option would be to do nothing but that would result in the whole project and CPO failing. 5 Consultation Undertaken or Proposed 5.1 This section should provide a brief summary of the consultation that has been undertaken or that is planned to inform the development of the proposals put forward. Canterbury City Council have undertaken extensive consultation with – Natural England Environment Agency Royal Society for the Protection of Birds (RSPB) Kent Wildlife Trust (KWT) Kent County Council Swale Borough Council Lower Medway Internal Drainage Board (LMIDB) Wildfowl and Wetlands Trust (WWT) The Elmley Trust Kent Wildfowling and Conservation Association (KWCA) Page 3 of 4 Sea Defences and Land Drainage and Flooding Sections at CCC Whitstable Area Members Panel 6 Implications Issue Implications Corporate Plan This proposal covers the following Corporate Priorities: • Open for Business • Healthy Environment Financial, There are no financial implications as the costs of the CPO are Resource and being met by Canterbury City Council. Property Legal and Canterbury City Council will carry out the CPO under sections 17 Statutory and 21(4) of the National Parks and Access to the Countryside Act 1949. Crime and None identified at this stage. Disorder Risk Management None identified at this stage. and Health and Safety Equality and None identified at this stage. Diversity Sustainability None identified at this stage. 7 Appendices 7.1 The following documents are to be published with this report and form part of the report: None. 8 Background Papers 8.1 None. Page 4 of 4 .