Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ... Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...
egeneration site. These interests are the subject of the CompulsoryPurchase proposals set out in this report.1.4.2 In addition to these sites a number of further interests outside thepotential CPO boundary and one, the former Library, whichstraddles the boundary were referred to in the October 2010 report.Council acquisition of these two sites is not considered essential tothe regeneration project and not included in the CPO. The updatedpositions for these are as follows:g. Old Shepherds Bush LibraryThe Council successfully negotiated terms with the ChurchCommissioners to release certain restrictions on user that hadprevented non-library use of the building. Subsequently a tenancywas granted to the Bush Theatre who fundraised to carry out arefurbishment allowing them to move the entire operation from itsformer base on Shepherds Bush Green. The move is widely seenas a great success and has improved the profile of the BushTheatre and added to the cultural offering of Shepherds Bush.The former garden to the west of the library building has beenretained by the council in order to allow a more generous publicspace to be created on the Uxbridge Road as a setting for the BushTheatre and an announcement of the entrance to the Market. Theseworks will form part of OSBL’s implementation of the planningpermission.h. New Shepherds Bush Market (‘NSBM’)The owners of NSBM, which adjoins SBM have expressed aninterest in redeveloping their market but the viability of this has yetto be established. OSBL has continued to keep the ownersinformed of progress of the regeneration proposals for the Marketand they have raised no objections at any point.Improvement of NSBM remains a general objective for the Counciland this is likely to be encouraged through implementation of theconsented scheme at SBM.2. COMPULSORY PURCHASE2.1 Order Land2.1.1 The Order Lands include the LUL property comprising the main market,the terrace of freehold Market units, numbered 9 to 20 Shepherds BushMarket, located on the eastern boundary of the Market, the LBHF,Peabody and Broadway ownerships, the parade of shops withbasements and upper parts at nos 30-52 (even) Goldhawk Road andPage 498
the service road to the rear of the parade as well as the electricitysubstations and Lime Grove Hostel. See Appendix C for the draft CPOPlans.2.1.2 In order to obtain the most accurate schedule possible of the lands,interests and rights to be acquired, the Council has carried out a fullland referencing exercise including issuing requests for information toall parties known to have interests in, or whom it is considered mayhave interests in or likely to be affected by, the CPO area.2.2. Process2.2.1 The purpose of a Compulsory Purchase Order is to secure powers thatwill enable the Council to progress the assembly of land and third partyrights so that the comprehensive scheme of regeneration envisaged bythe outline planning consent may be fully implemented.2.2.2 In order to achieve this, the Council must follow a prescribed process.This requires the Council to set out details of its reasons for making aCPO and a Schedule of the interests required. The process allows fullopportunity for objectors to set out their grounds for opposition,including making representations to an independent Inspector at apublic inquiry who will report to the Secretary of State for Communitiesand Local Government with whom a final decision as to whether theCPO should be confirmed rests.2.2.3 The Council’s costs in this matter – including future payments for allland compulsorily acquired (other than Lime Grove Hostel) anddisturbance compensation to claimants will be fully indemnified byOSBL in return for the Council’s undertaking to transfer the land soacquired to OSBL. This indemnity will be given in substantially the formdescribed below and as appended to this report (See Appendix B).OSBL's development partner Development Securities PLC (DevSec)will be guaranteeing OSBL's liabilities under this agreement. DevSecare a major developer and investor of international standing and areconsidered to be a secure guarantor for this purpose.It is hoped that the arrangement previously agreed with NHHT (but notyet legally contracted) will deliver the Lime Grove Hostel as relocationfor Broadway, but if it proves necessary for the Council to acquire thatland funding has been identified from within the DecentNeighbourhoods Fund to meet those costs.2.2.4 The October 2010 Cabinet report set out four conditions in relation to aformal Resolution by the Council, as follows:a. ‘The developer providing a cost undertaking agreement under whichthe developer shall undertake to pay on demand all costs incurred bythe Council (including compensation disbursements payments losspayments legal and surveyors costs whether internal or external) andPage 509
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- Page 82 and 83: 8. Human Rights8.1 The Human Rights
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egeneration site. These interests are the subject of the CompulsoryPurchase proposals set out in this report.1.4.2 In addition to these sites a number of further interests outside thepotential CPO boundary and one, the former Library, whichstraddles the boundary were referred to in the October 20<strong>10</strong> report.Council acquisition of these two sites is not considered essential tothe regeneration project and not included in the CPO. The updatedpositions for these are as follows:g. Old Shepherds Bush LibraryThe Council successfully negotiated terms with the ChurchCommissioners to release certain restrictions on user that hadprevented non-library use of the building. Subsequently a tenancywas granted to the Bush Theatre who fundraised to carry out arefurbishment allowing them to move the entire operation from itsformer base on Shepherds Bush Green. The move is widely seenas a great success and has improved the profile of the BushTheatre and added to the cultural offering of Shepherds Bush.The former garden to the west of the library building has beenretained by the council in order to allow a more generous publicspace to be created on the Uxbridge Road as a setting for the BushTheatre and an announcement of the entrance to the Market. Theseworks will form part of OSBL’s implementation of the planningpermission.h. New Shepherds Bush Market (‘NSBM’)The owners of NSBM, which adjoins SBM have expressed aninterest in redeveloping their market but the viability of this has yetto be established. OSBL has continued to keep the ownersinformed of progress of the regeneration proposals for the Marketand they have raised no objections at any point.Improvement of NSBM remains a general objective for the Counciland this is likely to be encouraged through implementation of theconsented scheme at SBM.2. COMPULSORY PURCHASE2.1 Order Land2.1.1 The Order Lands include the LUL property comprising the main market,the terrace of freehold Market units, numbered 9 to 20 Shepherds BushMarket, located on the eastern boundary of the Market, the LBHF,Peabody and Broadway ownerships, the parade of shops withbasements and upper parts at nos 30-52 (even) Goldhawk Road andPage 498
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