Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

development, redevelopment or improvement is likely to contribute tothe achievement of the promotion or improvement of the economic,social or environmental well being of the area. In deciding whether tomake a CPO using planning powers, the Council would be required todemonstrate that there is sufficient justification for acquiring the landcompulsorily and that there is a completing case for CPO. Theprocedural requirements of the Acquisition of Land Act 1981 will thenapply to the compulsory acquisition.5.3 In addition, the relevant government guidance (Circular 06/2004) statesthat any programme of land assembly must be set within a clearstrategic framework. The framework will need to be founded on anappropriate evidence base. Furthermore, Cabinet when making theCPO will be required to have regard in particular to whether thepurpose for which the land is being acquired fits within the adoptedplanning framework for the area.5.4 Whenever a compulsory purchase order is made, it is necessary tocarry out a “balancing exercise” to judge whether there is a compellingcase in the public interest to make a CPO in view of the interference tothe Human Rights of the individual. The Secretary of State will need tobe satisfied that there is comprehensive justification in the benefit tothe well being of the community gained by the scheme. The impact ofany harm is lessened by the rights of objection and a statutorycompensation regime which includes payments to compensate for theinvoluntary nature of the process.5.5 The acquisition of land designed to facilitate a development that willpromote the economic, social or environmental; well-being of an area isan acceptable use of compulsory purchase powers under the planninglegislationHuman Rights Act 1998 implications5.6 The Act effectively incorporates the European Convention of HumanRights into UK law and requires all public authorities to have regard tothe rights contained within the Convention. When making the decision,Members must therefore have regard to the Convention. The rights thatare of particular significance are those contained in Article 8 (right tohome life) and Article 1 of Protocol 1 (peaceful enjoyment ofpossessions)5.7 Article 8 provides that there should be no interference with theexistence of the right except in accordance with the law and, asnecessary in a democratic society, in the interest of the economic wellbeing of the country, protection of health and protection of the rightsand freedoms of others. Article 1 of the 1 st Protocol provides that nooneshall be deprived of their possessions except in the public interestand subject to the conditions provided for by law although it is qualifiedto the effect that it should not in any way impair the right of a state toPage 5615