Cabinet Member for Planning

Cabinet considered the report of the Head of Planning and the above Cabinet Member which sought Members’ “minded to” decision to compulsorily acquire land at Crown Quay Lane, Sittingbourne, subject to suitable back-to-back indemnity agreements being entered into, in order to enable it to be comprehensively developed in accordance with Policy A9 of the emerging Swale Local Plan.

The Cabinet Member introduced the report and outlined the background, in that a potential major developer had submitted a planning application which did not conform to the masterplan for the whole site.  He explained that the option of the implementation of a Compulsory Purchase Order (CPO) gave the Council the flexibility to address the issue, enabling the site to be comprehensively developed in accordance with Policy A9 of the emerging Local Plan.

Members welcomed the report, and their comments included: this would bring developers together with regard to habitat and landscape provision, and pedestrian links; this was a brownfield site which needed to be maximised; and what came forward needed to benefit current, and future, residents.  

In response to a question, the Cabinet Member considered that if the process of a CPO commenced, this would clarify parts of the site where ownership was not known. 

The Chief Executive, in response to a question, advised that a CPO could not be undertaken unless there was demonstrable evidence that a developer was stifling progress, and it was easier to take this approach when there was a masterplan.

The Cabinet Member thanked the Head of Planning for the research he had carried out, and reminded Members that this was a “minded to” decision, only to be imposed if needed.

Resolved:

(1)      That delegated authority be granted to the Head of Planning, in consultation with the Head of Mid Kent Legal Services, to progress a suitable indemnity agreement(s) with the owners of land outlined in red on the plan attached to the agenda, in order that the Council can ultimately progress to compulsorily acquire the land pursuant to section 226(1)(b) of the Town and Country Planning Act 1990.

(2)      That confirmation of the CPO, including the associated back-to-back indemnity agreement with prospective developer(s), be reported back to the Cabinet for decision.