Agenda item

Cabinet considered a report setting out progress to date on land assembly to facilitate a comprehensive Shepherds Bush Market regeneration scheme.  The report also outlined grounds for approval to seek Compulsory Purchase Powers for the acquisition of all relevant interests required to support the implementation of the scheme.

In response to a question regarding why the Council had decided to use Compulsory Purchase Powers (CPP), the Leader said that the powers will be exercised if it is the only way to achieve the objective to assemble the parcels of land not owned by the developer and to support the regeneration of the market.  The Compulsory Purchase Powers show all parties the ability to acquire all the land required for the development to progress, and will only be used if necessary and not otherwise.

Councillor Cowan was of the view that if the project proceeded on a negotiated basis it would obtain the best price without disadvantaging the market trader or seller.  He felt the Council had strengthened the hands of the developer by agreeing a Compulsory Purchase Order (CPO).  In his view, the developers should be able to negotiate with the small traders and businesses to obtain a satisfactory outcome without the threat of a CPO.  The Leader said that the development was in the best interests of the residents and the businesses in the area.  Where there are fragmented interested parties, the best way to obtain best value for all parties concerned is through a CPO which is rarely carried through.  The Council was not taking lightly the use of such powers.

Councillor Jones asked for more detail on the design of suitable accommodation for existing Goldhawk Road traders and businesses.  He commented that the design of some of the new premises would not be suitable for some businesses such as the Pie and Marsh shop.  He was informed by officers that traders will be assisted into alternative or temporary accommodation by the developer.  Thereafter, as part of the section 106 agreement, the businesses and traders will have first refusal of returning to their existing parade.  The developer would further assist them to move to a new location if required.  The Leader agreed that the concerns regarding design will be relayed to the developer and officers will ensure that a dialogue commences on such issues.  In response to a question, the meeting was informed that it would take between 2 to 3 years for the construction programme to be completed.

During the debate, the Members of the Opposition requested additional information on the scheme in the following areas:-

• Judicial Review - The legal spend to date and future provision including internal legal costs and officers’ time spent.

• Professional fees – The extent to which professional fees would be covered.

1.                  That Cabinet agrees that the four conditions set out in the report considered by Cabinet on 14 October 2010 have now been met.

2.                  That Cabinet agrees that the proposed scheme for the regeneration of the Shepherds Bush Market area will contribute to the achievement of the economic, social and environmental wellbeing of the area.

3.                  That a compulsory purchase order be made and thereafter that confirmation be sought from the Secretary of State for the use of compulsory purchase powers for the acquisition of all relevant property interests (as set out in Section 2 of this report) required to facilitate the implementation of the proposed scheme of development and regeneration at Shepherds Bush Market be approved.

4.                  That the Council enter into a CPO Indemnity Agreement with Orion Shepherds Bush group of companies generally in the terms set out in this report and Appendix B be approved.

5.                  That the Orion Shepherds Bush group of companies will continue to negotiate to acquire all necessary land and rights by agreement pending the formal confirmation of compulsory purchase powers be noted.

6.                  That the Leader, in conjunction with the Executive Director of Housing and Regeneration, the Executive Director of Finance and Corporate Governance and the Director of Law finalises the Statement of Reasons and settles the final form of the indemnity agreement, and takes all necessary and procedural steps  to seek confirmation and implementation of the CPO and to negotiate implementation arrangements to mitigate effects on persons affected by the CPO and makes a General Vesting Declaration to implement the CPO if confirmed by the Secretary of State be approved.