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

democracy.lbhf.gov.uk
from democracy.lbhf.gov.uk More from this publisher
12.07.2015 Views

8. Human Rights8.1 The Human Rights Act 1998 requires that every public authority must act in amanner that is compatible with the Convention for the Protection of HumanRights and Fundamental Freedoms (“the Convention”).8.2 Relevant parts of Article 1 of First Protocol of the Convention provide:“Every natural or legal person is entitled to peaceful enjoyment of hispossessions” and “[no] one shall be deprived of his possessionsexcept in the public interest and subject to the conditions provided forby law and by the general principles of international law …”8.3 Relevant parts of Article 8 of the Convention provide:“(1) Everyone has the right to respect for his private and family life, hishome and his correspondence.(2) There shall be no interference by a public authority with theexercise of this right except such as is in accordance with the law andis necessary in a democratic society in the interest of …the economicwell-being of the country…”8.4 Relevant parts of Article 6 provide that:“In determining his civil rights and obligations … everyone is entitledto a fair and public hearing within a reasonable time by anindependent and impartial tribunal established by law.”8.5 The proposed regeneration of the Market through the proposedredevelopment has been publicised extensively and consulted upon by theCouncil and the Developer. Third parties likely to be affected by the proposalshave been offered several opportunities to make representations to theCouncil. So far as the Order is concerned, any owner, lessee or occupier ofland included in the Order will have the opportunity to make an objection andto appear before a person appointed by the Secretary of State before adecision is made whether or not the Order should be confirmed.8.6 The Order is made pursuant to section 226(1)(a) of the 1990 Act (asamended by the 2004 Act) which authorises the Council to acquire landcompulsorily subject to following the procedures laid down by the Acquisitionof Land Act 1981.8.7 The Council considers that there is a compelling case in the public interestthat the Order Lands be compulsorily acquired in order to achieve thepurposes described in this Statement of Reasons.17Page 77

8.8 If the Secretary of State agrees with the Council that there is a compellingcase in the public interest, he may confirm the Order. If there are noobjections to the Order and/or all objections submitted are withdrawn, theSecretary of State may exercise her discretion and allow the Council toconfirm the Order8.9 If the Order is confirmed, compensation may be claimed by persons whoseinterests in land have been acquired or whose possession of land has beendisturbed.8.10 If the Order is confirmed, notwithstanding the provisions of Article 1 of theFirst Protocol and/or Article 8 of the Convention, adequate provisions are inplace to compensate those adversely affected. Moreover, the Council is ofthe view that there is a compelling case in the public interest for compulsoryacquisition of each and every parcel of land comprised within the OrderLands. It is also convinced that the public interest that is to be served by thedevelopment and the improvements that will be achieved to the condition andperformance of the Market outweighs the private interests held in the OrderLands. The Council also believes that use of compulsory purchase powers toachieve its regenerative objectives for Shepherds Bush Market and the towncentre within which it sits are proportionate to the interference with humanrights.8.11 Assistance to persons who will be displaced by the Order:Goldhawk Road Traders8.12 The consented scheme includes new retail floorspace on and adjacent to theGoldhawk Road frontage. The S106 Agreement requires the Developer todesign accommodation suitable for any of the businesses occupying theGoldhawk Road properties that wish to remain trading on the site. The S106Agreement also requires the Developer to work with the Goldhawk roadtraders to identify suitable off-site relocation opportunities and to assist themto continue trading.8.13 There are a small number of residential occupiers on the upper floors of thesepremises. The Council will work with these occupiers to assist them to identifysuitable alternative accommodation prior to implementing the CPO whichwould displace them.Shepherds Bush Market traders8.14 The development scheme will provide additional market units within theimproved market. The S106 Agreement requires the Developers to negotiatewith the traders displaced with a view to agreeing terms for the grant ofleases within the new development. The Council intends to only implementthe CPO in respect of trading pitches if the Developer is unable to agree18Page 78

8.8 If the Secretary of State agrees with the Council that there is a compellingcase in the public interest, he may confirm the Order. If there are noobjections to the Order and/or all objections submitted are withdrawn, theSecretary of State may exercise her discretion and allow the Council toconfirm the Order8.9 If the Order is confirmed, compensation may be claimed by persons whoseinterests in land have been acquired or whose possession of land has beendisturbed.8.<strong>10</strong> If the Order is confirmed, notwithstanding the provisions of Article 1 of theFirst Protocol and/or Article 8 of the Convention, adequate provisions are inplace to compensate those adversely affected. Moreover, the Council is ofthe view that there is a compelling case in the public interest for compulsoryacquisition of each and every parcel of land comprised within the OrderLands. It is also convinced that the public interest that is to be served by thedevelopment and the improvements that will be achieved to the condition andperformance of the Market outweighs the private interests held in the OrderLands. The Council also believes that use of compulsory purchase powers toachieve its regenerative objectives for Shepherds Bush Market and the towncentre within which it sits are proportionate to the interference with humanrights.8.11 Assistance to persons who will be displaced by the Order:Goldhawk Road Traders8.12 The consented scheme includes new retail floorspace on and adjacent to theGoldhawk Road frontage. The S<strong>10</strong>6 Agreement requires the Developer todesign accommodation suitable for any of the businesses occupying theGoldhawk Road properties that wish to remain trading on the site. The S<strong>10</strong>6Agreement also requires the Developer to work with the Goldhawk roadtraders to identify suitable off-site relocation opportunities and to assist themto continue trading.8.13 There are a small number of residential occupiers on the upper floors of thesepremises. The Council will work with these occupiers to assist them to identifysuitable alternative accommodation prior to implementing the CPO whichwould displace them.Shepherds Bush Market traders8.14 The development scheme will provide additional market units within theimproved market. The S<strong>10</strong>6 Agreement requires the Developers to negotiatewith the traders displaced with a view to agreeing terms for the grant ofleases within the new development. The Council intends to only implementthe CPO in respect of trading pitches if the Developer is unable to agree18Page 78

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