THE TOWN AND COUNTRY PLANNING ACT 1990 AND THE ACQUISITION OF LAND ACT 1981 THE BLACKPOOL BOROUGH COUNCIL (TALBOT GATEWAY BLACKPOOL) COMPULSORY PURCHASE ORDER 2011 STATEMENT OF REASONS 1. INTRODUCTION 1.1 This document is the Statement of Reasons of Blackpool Borough Council (‘the Council’) for the making of a compulsory purchase order entitled The Blackpool Borough Council (Talbot Gateway No 1 Blackpool) Compulsory Purchase Order 2011 (‘the Order’). The Order is made pursuant to Section 226(1) (a) of the Town and Country Planning Act 1990, as amended by Section 99 of the Planning and Compulsory Purchase Act 2004. In this Statement of Reasons the land included within the Order is referred to as ‘the Order Land’. This Statement of Reasons has been prepared in compliance with paragraphs 35 and 36 and Appendix R of the ODPM Circular 06/04: Compulsory Purchase and the Crichel Down Rules. 1.2 The Order has been made by the Council to facilitate the assembly of all of the land and interests necessary for the implementation of the first phase of proposals for a mixed use development, as set out in the Talbot Gateway Masterplan that will transform this part of Blackpool. This first phase (“the Development”) will establish and provide for the further development of a central business district in the north-east edge of Blackpool Town Centre. It will create a new town square around which traffic movements will be reconfigured to provide pedestrians with a much safer and more attractive environment, and enable the redevelopment of adjacent sites. These will come forward in later phases of development. The Development covers half of the Master Plan area and its boundaries define that area where the redevelopment can start in the short term and change can be successfully delivered . The Development will provide public and private office buildings, a major food store, non-food retail units, a hotel, cafes and restaurants and modern car parking within an enlivened and attractive street environment which will result in increased footfall in this otherwise under utilised part of the town centre. The details of the proposals underpinning the Order are explained in this Statement of Reasons. 1.3 The Development will set the scene for later phases of the Talbot Gateway Masterplan and provide the platform from which these later phases can be developed. These later phases will seek to integrate transport modes at an improved Blackpool North Railway station, accessed directly from the new town square. They will also strengthen the area north of Talbot Road by adding further hotels and additional office floorspace to the emerging Central Business District, and creating the new active street frontages and refurbished shopping 2 streets that will provide safer and more convenient links into the main town centre. 1.4 The Development has been formulated by Muse Developments Ltd, part of the Morgan Sindall group of companies, (“the Developer”). The competition to select a private sector Developer partner for the Talbot Gateway project anticipated that the whole Masterplan area would be comprehensively developed, albeit in phases. A Development Agreement with the Developer, dated 12 March 2009, confirms that approach. A Supplementary Agreement, dated XX December 2010, has, therefore, been negotiated with the Developer. to enable a start to be made on a first phase of development. This is based on a modified Masterplan that holds true to its original intentions but which reflects what can be readily achieved, in the short term, within the constraints of current market conditions and will establish the circumstances for the remainder of the Talbot Gateway Masterplan to be developed. 1.5 The Development will maintain the wider regeneration momentum stimulated by complementary development projects elsewhere in Blackpool, including the recent investment into the Winter Gardens and Blackpool Tower complex and the improvements to the central seafront areas. Together with these projects it will make a significant contribution towards the creation of sustainable town centre and visitor economies, and help reverse Blackpool’s economic, social and physical decline. 1.6 Section 226(1)(a) of the 1990 Act, as amended by section 99 of the Planning and Compulsory Purchase Act 2004, empowers the Council to request the Secretary of State to authorise the acquisition of land in its area if the authority think that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land which is likely to contribute to the achievement of the promotion of the economic, and social and environmental well-being of their area. The Council considers that the Development accords with the requirements of the Regional Strategy, Local Plan, associated Supplementary Planning Document and Development Brief and will bring substantial improvements to the economic, social and environmental wellbeing of the town centre and the wider urban core. The Council, therefore, regards the early implementation of the Development as an imperative and has resolved to use its compulsory purchase powers in order to assist with the assembly of the land and interests required to achieve this objective within a reasonable timeframe. 3 1.7 Negotiations with parties who have an interest in the Order Land have been undertaken and are continuing with a view to achieving the voluntary acquisition of all the interests in the Order Land which need to be acquired so as to facilitate the Development. To date it has not been possible to acquire all these interests and the Council is satisfied that there is a compelling case in the public interest for resorting to powers of compulsory acquisition as nothing short of this will achieve the necessary land assembly and maintain the regeneration momentum. 2. DESCRIPTION OF THE ORDER LAND 2.1 The Order Land covers an area of approximately XX hectares and is situated in close proximity to Blackpool North Railway station, on the north eastern edge of Blackpool town centre.It comprises the remaining land and interests required to deliver 5.1 hectares of development as a first phase of the Talbot Gateway project in the area south of Talbot Road and north of George St and Deansgate, between Topping Street to the west and Buchanan Street to the east. 2.2 The area contains a range of uses including surface car parking and a varied range of leisure and retail premises. In addition, the Order Land includes the half width of Seed Street immediately to west of three properties - the Ramsden Arms public house, an Electricity North West sub-station and the Buchanan Street car park; and areas on land on Talbot Road and Deansgate already in Council ownership but which are subject to restrictive covenants. The Site and Surrounding Area 2.3 The Talbot Gateway area has always played an important role as an arrival point for visitors to Blackpool. It has, however, seen this role eroded over the last two decades as the car has become the predominant mode of travel and the number of visitors to Blackpool has declined. 2.4 In 1963 trams were removed from the town centre and ceased to connect Talbot Road with the seafront holiday accommodation and the residential areas of the town. In 1974 the northern railway line was truncated, the grand Victorian station in Talbot Road was redeveloped as a Fine Fare supermarket and a much smaller replacement station was provided further out of town, at a lower level, on the former excursion platforms to form what is now Blackpool North railway station. The bus station in Talbot Road, once so well connected to the former railway terminal, is now used only by a few long-distance bus passengers with 4 the town’s buses following a cross-town rather than a hub-and-spoke routing pattern and a new coach facility having been provided in Central car park. The railway station has become disassociated from the town centre and the seafront attractions and Talbot Road has declined as a shopping street. 2.5 The East Topping Street car park is partly located on the site of the former indoor market, known as St John’s market. The Seed Street surface car park has also been provided on cleared housing areas around Buchanan Street and Larkhill Street. 2.6 Surplus railway land running eastwards along Talbot Road was developed by the NW Co-operative Society as an electrical store and a supermarket, which was later converted into a bingo hall, and sidings in Banks Street were bought for parking by the Council. Recently houses in Buchanan Street, leisure premises on Talbot Road and a Council-run indoor bowling hall in Larkhill Street have been demolished as part of the preparation for this scheme. 2.7 The main north-south and east-west traffic routes and most of the cross-town bus services converge on and pass through Talbot Gateway. It contains Blackpool’s main railway station and a large proportion of the town centre’s parking supply. Whilst the area has a number of viable, individual businesses it is generally characterised by bleak surface car parking and a fragmented townscape, an intrusive, outmoded traffic gyratory, undistinguished and underused buildings, and low value, marginal businesses. 2.8 The street environment provides poor connections between the railway station, the car parks and the town centre, there are high levels of crime, deteriorating perceptions of safety, and a negative arrival experience. The large concrete buildings in Talbot Road dominate the streetscene with little or no interest to passing pedestrians at street level. Historical Interventions 2.9 Public interventions and private investments within the Order Land have been limited in scale, uncoordinated and piecemeal. Short term in outlook these interventions have not sought to introduce new economic drivers that are necessary to provide the Order Land, and wider Blackpool area with a new function and sustainable future. The response to reductions in rail travel, demand for guest house rooms around Blackpool North station and footfall on 5 the streets that lead to the town centre has taken the form of building clearance and the creation of surface car parks. 2.10 The Talbot Road bus station and multi-storey car park was reclad in the 1960ss and has since become run-down and under-used. In a similar fashion to the adjacent citadel-type development, which replaced the Victorian railway station when it was downsized and moved eastwards down the line, now occupied by Wilkinsons, the bus station fails to provide interest at street level and presents a solid, uncompromising and out-dated approach to Blackpool town centre. 2.11 The business investment that has taken place has largely been confined to the secondary retailing sector and minor improvements to individual shop premises. Only one major private developer has come forward in the last decade with proposals for the area and these proved undeliverable. 2.12 These changes have combined with an intrusive one-way traffic system to disrupt and fragment the urban form of the area, separating it from the town centre core and generating a downward spiral of decline. The Wider Blackpool Area 2.13 The restructuring and decline which has characterised the last two decades is now reflected in the following social and economic circumstances in Blackpool: 2.13.1 Blackpool is the 22nd least economically resilient local authority area in the country (of 324 Council areas), and the 5 th least resilient in the North West (of 34 Council areas); 2.13.2 high levels of deprivation across all indicators - Blackpool as an authority is ranked as the 12th most deprived in the Index of Multiple Deprivation 2007 and is continuing to decline, having been ranked 21st in 2004. Pockets of intense deprivation in the resort core can be placed in the worst 1% wards in England; 2.13.3 29% of Blackpool children live in relative poverty, with all wards in the town having child poverty levels of at least 9%; 6 2.13.4 low levels of education and skills attainment – in 2009 19% of the working age population in Blackpool have no qualifications, compared to a national average of 12%, and a lower than average proportion possess Level 4 or higher qualifications – 18% of Blackpool residents compared to 27% in the North-west and 30% in England. In 2007 only 10% of the working age population was educated to degree level, half the national level and well below the regional average of 17%; 2.13.5 worsening levels of poor health and high levels of crime – in 2009 life expectancy at birth for males was just 73 compared to 78 on average in England, and for females it was 79 compared to 82; 2.13.6 exceptionally low levels of wealth generation - GVA per capita is just 69% of the UK level and the gap has continued to widen since 1995; 2.13.7 disproportionate reliance on public sector employment – although tourism provides 16% of employment (compared to 8% nationally) the largest proportion of jobs is provided by public sector services which accounts for 37% of employment compared to 27% nationally; 2.13.8 22.6% of the working age population claim an out of work related benefit, compared to 13.4% nationally; 2.13.9 a Jobs Density of 0.74 compared to the Great Britain average of 0.79, reflecting the fact that the town provides fewer jobs than average; 2.13.10 low incomes –Blackpool has the 6th lowest earnings in Great Britain with average median gross weekly earnings just 75% of the national average – employment is characterised by seasonality, lower than UK levels of managerial and professional employment and higher levels of employment in administration and personal services 2.13.11 a high level of retail leakage and consequent shrinkage of both the quality and quantity of the shopping offer with only 68% of the comparison goods expenditure being retained within the Fylde coast area. 2.14 The complex nature of any solution to the problems of the area, together with the current land ownership arrangements, dictate that a multi-agency approach is required to deliver a scheme at this key location in Blackpool that meets the aspirations of the residents of, and visitors to, Blackpool and facilitates the area 7 wide redevelopment of the Talbot Gateway area and wider Blackpool town centre. 2.15 The following organisations and agencies are working together to facilitate and co-ordinate the delivery of an overarching regeneration programme for Talbot Gateway:2.15.1 Blackpool Borough Council (the Council) - is the local authority responsible for the delivery of the Talbot Gateway proposals. The Council is the largest land owner in Talbot Gateway, currently controlling approximately 80% of the site. Its important enabling role is expressed in its decision to centralise its wide-ranging administration of Council services within a new office complex in the first phase of the development proposals. 2.15.2 Muse Developments Limited- Muse Developments, part of the Morgan Sindall group of companies, is the Council’s Developer Partner. Muse Developments is a company with considerable skills and experience in assembling multi-disciplinary teams and investment packages to deliver complex mixed-use developments in urban areas across the UK. 2.15.3 Blackpool Fylde and Wyre Economic Development Company, formerly ReBlackpool, - , is tasked with delivering economic regeneration across the Fylde Coast sub-region through public-private partnerships, including Talbot Gateway. It is the organisation through which applications for public funding are being channelled to support the Talbot Gateway project. 2.15.4 Northwest Development Agency - is the agency through which European Funds are being administered to support the redevelopment of Talbot Gateway. It has also provided funding with which the Council has acquired property to prepare the site and for project development. 3. 3.1 THE TALBOT GATEWAY PROPOSALS The proposals for the Talbot Gateway area described in the Masterplan for the comprehensive regeneration of a 10.1 hectare area around Blackpool North station will transform the arrival experience for the thousands of visitors who travel by train and for everyone coming into town from the north and east. The Master Plan contains a radical new highway network carrying cross-town traffic 8 through the area to create a welcoming and safe core at the heart of which will be a new town square. Radiating off the square are new blocks of development with uses that will inject a significant concentration of new jobs into a highly accessible town centre, bring people and activity into this area and improve services for local people. It will kick-start the development of a Central Business District for Blackpool and re-connect the railway station with the town centre and seafront areas. 3.2 The principles of the Masterplan for the Talbot Gateway area were enshrined in an outline planning application that was approved by Blackpool Council on 15 March 2010. Comprehensive regeneration was envisaged in phases over an expected period of 10-15 years. The principal elements of the Masterplan can be described as follows a: a strategic traffic route to carry two-way, cross-town traffic around the area, removing the existing intimidating race-track traffic circulation and permitting the creation of an attractive and welcoming place; a new town square and core of streets that will provide a civic heart to the town and restore public pride in the area; the creation of a number of development blocks around the square for a mixture of uses including offices, hotels, a major foodstore, shops, restaurants and cafes to bring economic growth to the town, increase footfall and invigorate the streetscene; contemporary office buildings with modern accommodation for both Council and private sector occupiers; significant enhancement of Blackpool North Station and its integration with the adjoining street level to provide direct access to the town centre and seafront areas through a development including a weatherprotecting high-level canopy, improved waiting and information facilities, a hotel and retail services; provision of conveniently located modern and safe car parking to meet the needs of the town centre and the development, including substantial improvement of the Talbot Road Multi-storey and Banks Street car parks; 9 the re-establishment of a functional streetscene and an increase in footfall in Talbot Road, using new developments such as the foodstore and office buildings and the reconfiguration of existing buildings such as the multistorey car park, and Wilkinsons to establish active ground floor uses and attractive upper elevations. 4. THE PHASE 1 PROPOSAL (THE DEVELOPMENT) 4.1 The Development, which comprises the first phase of the Masterplan proposals is situated on land south of a line along Talbot Road plus the Banks Street car park. 5.1 hectares of land will be regenerated in this phase. The Development will include the following components: o re-organisation of the cross-town highway network and provision of a core of pedestrian-friendly, safe and attractive streets; o the creation of a new civic square with a high quality specification to provide a significant arrival experience to the town centre; o a major foodstore which will face directly onto the new square with servicing and car parking to the rear, off George Street and Talbot Road respectively. The boundary to Buchanan Street will be formed with walls and planted areas. o an office complex on the southern side of the square, in two blocks, one of which will be shared by both the public and private sectors and the other solely by private occupiers, linking through to George Street and providing a focal point from Cookson Street; o a reconfigured Talbot Road multi-storey car park with 600 modern and convenient spaces, refurbished inside but completely rebuilt on the exterior, with vehicular access via the refurbished existing ramp in Deansgate and with relocated pedestrian access including new stairwells and lifts; o a new 130 bedroom hotel in Deansgate, re-establishing a built connection into the town centre; 4.2 The form and content of the Development are a direct response to expressed demand, funding opportunity to availability, proceed with land a ownership viable first considerations phase, and capable of a real early implementation. . Redevelopment in the short term will bring welcome change 10 to this area, inject momentum into the wider regeneration process and engender confidence in the local community and the property market 4.3 The extent of the Order Land has been carefully delineated to include all interests necessary to ensure the implementation of this first phase of the Talbot Gateway proposals and no more. In drawing up the proposals the Developer has been mindful of the need to: 4.3.1 repair the fragmented urban form, 4.3.2 provide a mix of uses with a scale that has a critical mass to inject the economic activity to sustain the area over the long term and to act as a catalyst to future development; 4.3.3 re-organise the traffic system to balance the needs of pedestrians, cyclists, public transport and private motorists; 4.3.4 integrate the Development with the surrounding area and link it firmly with the town centre; 4.3.5 ensure that the buildings and the public realm are of sufficient quality to send a positive message about the regeneration agenda in Blackpool and the development of a civic core; 4.3.6 minimise the disruption to local residents and businesses. 4.3.7 5. THE LAND AND INTERESTS TO BE ACQUIRED 5.1 The Council owns the freehold of approximately 80% of the land required to deliver the Development, including highways. Its original ownership has been augmented by acquisitions funded by the North West Development Agency with the intention of bringing forward the Talbot Gateway site for redevelopment. However, a number of interests remain to be acquired to enable the Development to proceed in a timely manner. 5.2 The Order Land has been divided into [ ] plots within the Schedule to the Order and on the Order Plan. In summary the Order Land includes: 5.2.1 a two-storey terrace of shops with residential use above at 140-162 Talbot Road, an adjacent NCP car park in Cookson Street; the Council 11 has already acquired the freehold interest and seeks to acquire all the leasehold and, any other interests; 5.2.2 the Tache nightclub, also in Cookson Street, and an adjoining residential property, 14 Cookson Street, associated with the nightclub; 5.2.3 the Talbot Road multi-storey car park and former bus station; in longstanding Council ownership but in which there are third party interests; 5.2.4 the half width of Seed Street to the immediate west of the Ramsden Arms, the Electricity North West sub-station and the Buchanan Street car park; 5.2.5 a small number of areas within land already acquired by the Council that are subject to restrictive covenants, in Seed Street car park in Cookson Street and on the East Topping Street car park. 5.3 The boundary of the Order Land is shown edged red on the plan attached as an appendix to this Statement of Reasons. 6. CPO POWERS AND GUIDANCE 6.1 The Council is the local planning authority for the area in which the Order Land is situated. By virtue of section 226(1)(a) of the Town and County Planning Act 1990 (“the 1990 Act”), the Council has the power to acquire compulsorily any land in its area if it thinks that the acquisition will facilitate the carrying out of development, re-development or improvement of the land in question. However, compulsory acquisition must only be pursued if it is likely to contribute to the achievement of any one or more of: the promotion or improvement of the economic, social or environmental well-being of the area. 6.2 ODPM Circular 06/2004 – “Compulsory Purchase and the Crichel Down Rules” provides guidance on the use of compulsory purchase powers following the implementation of the relevant parts of the Planning and Compulsory Purchase Act 2004. The introduction to Circular 06/2004 states that: “…Ministers believe that compulsory purchase powers are an important tool for local authorities and other public bodies to use as a means of assembling the land needed to help deliver social and economic change. Used properly, they can contribute towards effective and efficient urban and rural 12 regeneration, the revitalisation of communities, and the promotion of business - leading to improvements in quality of life. Bodies possessing compulsory purchase powers - whether at local, regional or national level - are therefore entitled to consider using them proactively wherever appropriate to ensure real gains are brought to residents and the business community without delay...” 6.3 The main body of the Circular provides general guidance on the use of compulsory purchase powers by acquiring authorities, whilst Appendix A provides specific guidance for local authorities on the use of their compulsory purchase powers, as prescribed by Section 226 of the 1990 Act. 6.4 Paragraph 2 of Appendix A to Circular 06/2004 provides that “…the powers in Section 226, as amended by section 99 of the Planning and Compulsory Purchase Act, are intended to provide a positive tool to help acquiring authorities with planning powers to assemble land where this is necessary to implement the proposals in their Community Strategies and Local Development Documents”. 6.5 Paragraph 10 of Appendix A to Circular 06/2004 goes on to state that the powers in section 226 can be used to tackle social exclusion, promote regeneration initiatives and improve local environmental quality. This paragraph recognises that meeting these objectives may require a more proactive approach by the authority including the assembly of suitable sites. 6.6 The guidance in the Circular emphasises the need for local authorities to link their consideration of the use of compulsory purchase powers, with the overarching objective of delivering sustainable communities. In particular, the guidance requires local authorities to consider how the use of their compulsory purchase powers will contribute to the promotion of the economic, social and environmental well-being of their area and how compulsory acquisition will assist in the achievement of the objectives set out in their adopted Community Strategies and Local Development Documents. 6.7 The Development Plan for the Order Land is the Regional Strategy for the North West and the Blackpool Local Plan, which was adopted in 2006 with a number of policies being subsequently “saved” post the coming into force of the provisions of the Planning and Compulsory Purchase Act 2004. The Council is committed to securing the implementation of the proposals contained within the adopted plan, 13 many of which are identified as being key outputs of the Talbot Gateway Proposals. 6.8 The strategic aims of the Blackpool Local Plan, together with a demonstration of how the development proposals for the Order Land go some way to achieving them, is set out within Section 8 of this Statement of Reasons. 6.9 The Sustainable Community Strategy for Blackpool to 2028 sets out a range of transformational actions which seek to deliver fundamental physical and economic change. The Talbot Gateway proposals are identified as a key component of its goal to improve Blackpool’s economic prosperity but will also contribute to the goals to: develop a safe, clean and pleasant place to live, work and visit; improve skill levels and educational attainment; and improve the health and well-being of the population. 6.10 The Council considers that the redevelopment of the Order Land will make a significant contribution to the improvement of the economic, social and environmental well-being of the Talbot Gateway area and the wider Blackpool town centre area through the implementation of the redevelopment proposals. The Development will lift quality in the town centre, establish a civic heart and start a central business district, provide convenient secure car parking, widen choice in services and shopping, and provide safe and attractive routes into the town centre for pedestrians. 6.11 As required by the Local Plan, the Development will play a major part in Blackpool becoming better equipped to compete with other towns, grow market share and become less marginal. The health and well-being of the town and its residents will be strengthened, the economy of the inner areas will improve, and services such as health and education will benefit. Trips for work and services will reduce leading to more sustainable patterns of living and there will be positive consequences for the attractiveness of the outer areas. 6.12 In light of the above and having considered the overarching strategic priorities and aims of the Sustainable Community Strategy, together with the guidance given by ODPM Circular 06/2004, it is the Council’s firm view that the redevelopment proposals underpinning the Order will facilitate the regeneration of the Order Land and the revitalisation of the urban environment within the Talbot Gateway area. 14 7. THE NEED FOR COMPULSORY ACQUISITION - LAND ASSEMBLY AND NEGOTIATIONS The Order Land – The Challenge 7.1 Given the socio-demographic profile of the Talbot Gateway and wider Blackpool area, and the economic, social and environmental factors identified in section 2 the Council is of the view that the Order Land will remain undeveloped without serious public sector intervention and a resolute level of support from all key stakeholders and a developer partner that is willing and able to commit to the long term development of the site. 7.2 It is anticipated that the Development will transform this under-utilised part of the town centre into an accessible and vibrant high quality mixed use district of the town. It will create a vibrant civic and commercial district with more than 12,000sqm of offices in the heart of Blackpool, provide a welcoming arrival experience with a revised pedestrian-friendly traffic system, bring shoppers to a new supermarket, increase footfall that will benefit the whole town centre and boost investor confidence. The scheme integrates well into the town centre and edge of centre sites to form a high quality environment for those living and visiting Blackpool that is compliant with planning policy at local, regional and national level. Land Assembly 7.3 The Order seeks the acquisition of all interests in the Order Land. 7.4 The Council is of the firm view that the exercise of its compulsory purchase powers is both appropriate and necessary in order to assemble the land required to deliver redevelopment of the Order Land. The Order Land comprises a number of interests in third party ownership which are required in order to successfully deliver the Development and which the Council does not foresee being able to acquire by way of private agreement within a reasonable timescale, or at all. 7.5 The Council is of the view that the exercise of its powers of compulsory acquisition can sensibly be used to address the land assembly issues and, most importantly, secure the successful, redevelopment of the Order Land. 15 comprehensive and sustainable Negotiations to Date 7.6 In resolving to exercise its powers of compulsory acquisition, the Council has considered the advice contained in ODPM Circular 06/2004 – Compulsory Purchase and the Crichel Down Rules. Paragraph 24 of the guidance states as follows: “…Before embarking on compulsory purchase and throughout the preparation and procedural stages, acquiring authorities should seek to acquire land by negotiation wherever practicable. The compulsory purchase of land is intended as a last resort in the event that attempts to acquire by agreement fail. Acquiring authorities should nevertheless consider at what point the land they are seeking to acquire will be needed and, as a contingency measure, should plan a compulsory purchase timetable negotiations. at the same time as conducting Given the amount of time which needs to be allowed to complete the compulsory purchase process, it may often be sensible for the acquiring authority to initiate the formal procedures in parallel with such negotiations. This will help to make the seriousness of the authority’s intentions clear from the outset, which in turn might encourage those whose land is affected to enter more readily into meaningful negotiations…” 7.7 In accordance with the above guidance, the Council, together with its partners has sought (and is continuing to seek) to acquire all of the third party interests in the Order Land through negotiation. The Council’s retained surveyors, Messrs Keppie Massie, have been appointed to pursue and progress these negotiations. Whilst discussions are continuing with the outstanding freehold and leasehold owners and occupiers that remain within the Order Land it is unlikely that agreement will be reached with all interested parties within a reasonable timescale. 7.8 It is essential, therefore, that the acquisition of these outstanding interests is secured within a reasonable timeframe. The Council has legitimate, deep-seated concerns that it will be unable to comply with the timetable set for the delivery of the Development unless it pursues a compulsory purchase order to assemble the land required. 16 7.9 It is hoped that the commencement and progression of the compulsory purchase process will assist in negotiations and provide an element of further certainty for both the Council and outstanding owners and occupiers upon which the Order will ultimately impact. The Council remains committed to agreeing the voluntary acquisition of all outstanding interests in the Order Land and, in the interests of speed and goodwill, will consider the use of Alternative Dispute Resolution techniques, wherever appropriate, to settle any disputes which might arise. Should anyone affected by the Order have any queries with regard to the acquisition of their interest or any other aspect arising out of the making of the Order, they may find it useful to contact Alabama House, Liverpool, L3 9BY Stephen Lashmar of Keppie Massie, on 0151 255 0755 or by email stephenlashmar@keppiemassie.co.uk. 7.10 The Council will visit all residential tenants affected by the Order to assess their requirements and offer alternative suitable accommodation through its partner, Blackpool Coastal Housing. In the case of commercial tenants, ReBlackpool has enlisted the help of Blackpool Unlimited to identify suitable relocation premises within a reasonable distance of Talbot Gateway. The Council’s contact for queries on the Order is Neil Mackey, Principal Legal Officer, Clifton St, Blackpool, FY1 1NB; telephone 01253 477411 or neil.mackey@blackpool.gov.uk. 7.11 Bearing these factors in mind, together with the high quality development which the Order is seeking to deliver and the key role the development will play in securing the wider proposals for the area, the Council considers that there is a compelling case in the public interest in support of the exercise of its powers of compulsory acquisition in relation to the Order Land and that the use of such powers is proportionate to the ends being pursued. 8. STATEMENT OF PLANNING POSITION Background 8.1 The review of Blackpool’s Local Plan which emerged as the Blackpool Local Plan 2001-2016 began in the late 1990s with a series of original research exercises designed to inform the plan making process with information on demand for development and needs and opportunities for change. 8.2 In 1999 Hillier Parker was commissioned to carry out a retail capacity study of the Blackpool sub-region and to report on the health of the town centre and the 17 potential for retail-led redevelopment. This work was motivated by increasing concern about Blackpool’s position in the retail rankings and leakage of retail spending. The conclusions confirmed that there was substantial potential for retail expansion of traditional high street shopping and additional capacity for a major foodstore. They informed the emerging Local Plan and formalised the Council’s position on the expansion of high street shopping in the core of the town centre around Houndshill and the development of an edge-of-centre mixeduse scheme to include a major foodstore at Talbot Gateway. 8.3 The Hillier Parker study also encouraged private sector interest in retail based developments at both Houndshill and in the Talbot Gateway area. In 2000/ 2001 a private developer, Chelverton, approached the Council with aspirations to redevelop the Council’s land in the Buchanan Street area with major food and non-food retailing and was given an exclusivity agreement to develop a viable scheme. The scheme did not proceed for a number of reasons, including being constrained by the limited extent of the Council’s land ownership, and could not achieve the quantum or mix of development necessary to provide integration with the rest of the town centre, resolve underlying transport issues or properly address the poor quality of the surrounding environment. 8.4 In response to Hillier Parker’s findings and the difficulties experienced by potential private investors the Council concluded that the vitality and viability of the town centre could only be secured through comprehensive, plan led development as set out in the emerging Local Plan, 2001 to 2016. This provided for expansion of high street shopping in the core of the town centre around Houndshill and the development of a complementary edge-of-centre mixed-use scheme to include a major foodstore at Talbot Gateway. 8.5 The Chelverton experience demonstrated that a comprehensive redevelopment of Talbot Gateway could not be achieved on Blackpool Council land alone. It also suggested that there was potential for a much more ambitious scheme that would improve the town centre traffic network and enhance the overall environment. The Council determined to progress a more ambitious and proactive redevelopment of the area through ReBlackpool who would secure a developer partner through a competition process that would produce a variety of schemes from which it could select the most appropriate. 8.6 A further retail capacity study in 2004 by Savills confirmed the continued decline of Blackpool’s retail offer and reinforced support for the policies of the then, Draft Local Plan. The Local Plan was adopted in 2005. Policy SR3 is specifically 18 relevant. It identifies the Talbot Gateway area formally as the ‘Blackpool North Transport Development Area’ and calls for comprehensive development proposals that will address the fundamental transportation and environmental issues around the Talbot Gateway area. The policy seeks to concentrate services and jobs around a modern public transport hub, create a pattern of food shopping provision that will minimise urban car miles and envisages mixed uses supporting the town centre, including a foodstore, and creating a much-needed civic quarter for the town. 8.7 Policy SR3 was the subject of extensive consultation and was tested at Inquiry. The Inquiry Inspector suggested minor amendments but upheld the thrust of the policy. In general the Inspector was of the view that “without major new investment the future for regeneration [of Blackpool] is not promising”. Modifications to the Plan’s policies and proposals were proposed by the Council and published for consultation. There were minor modifications but no substantial changes to Policy SR3. No new representations were made to these Modifications which were then adopted. National Planning Guidance 8.8 Set out below are the main Planning Policy Statements (PPSs) and Planning Policy Guidance Notes (PPGs) of relevance to the Talbot Gateway proposals. 8.9 A number of sources of national planning policy guidance are of relevance to the Talbot Gateway proposals. In summary the guidance briefly comprises: 8.10 PPS1 Delivering Sustainable Development (2005); PPS1 Supplement- Planning and Climate Change (2007); PPS3: Housing (2006); PPS4: Planning for Prosperous Economies (2009); and PPG13: Transport (2001). The overall emphasis of these guidance notes is to reiterate the Government’s objective of securing sustainable development. This in turn prioritises the re-use of previously developed land before greenfield and encourages the promotion of development that seeks to integrate the needs of planning and transport, whilst focusing development in the most appropriate locations thereby protecting and enhancing the environment. 19 PPS1: Delivering Sustainable Communities and PPS1 Supplement- Planning and Climate Change 8.11 PPS1 was published by the Government on 1 February 2005 and identifies “sustainable development” as “the core principle underpinning the planning system”. Paragraph 14 of PPS1 states that the Government is committed to developing strong, vibrant and sustainable communities which means meeting the diverse needs of all people in existing and future communities, promoting personal well-being, social cohesion and inclusion and creating equal opportunity for all citizens. 8.12 In paragraph 15 of PPS1, the Government recognises that regeneration of the built environment alone cannot deal with poverty, inequality and social exclusion and that these issues can only be addressed through the better integration of all strategies and programmes, partnership working and effective community involvement. 8.13 Paragraph 23 of PPS1 emphasises that the Government is committed to promoting a strong, stable and productive economy that aims to bring jobs and prosperity for all. In order to deliver this, local planning authorities should, amongst other things: 8.13.1 “..recognise that economic development can deliver environmental and social benefits; 8.13.2 ensure that suitable locations are available for industrial, commercial, retail, public sector (e.g. health and education), tourism and leisure developments, so that the economy can prosper; 8.13.3 actively promote and facilitate good quality development, which is sustainable and consistent with their plans; and 8.13.4 ensure that infrastructure and services are provided to support new and existing economic development and housing..” 8.14 With regard to the delivery of sustainable development, PPS1 states that amongst the important roles planning authorities should play, they should: 8.14.1 “..promote urban and rural regeneration to improve the well-being of communities, improve facilities, 20 promote high quality and safe development and create new opportunities for the people living in those communities; 8.14.2 promote communities which are inclusive, healthy, safe and crime free, whilst respecting the diverse needs of communities and the special needs of particular sectors of the community; 8.14.3 bring forward sufficient land of a suitable quality in appropriate locations to meet the expected needs for housing, industrial, retail and commercial development; and 8.14.4 provide access for all to jobs, health, education, shops, leisure and community facilities, open space, sport and recreation..” 8.15 The proposed redevelopment of the Order Land is fully in accordance with all of these objectives and with the approach set out within PPS1. PPS3: Housing 8.16 The Government’s key objective when planning for housing is to ensure that everyone has the opportunity to live in a decent home which they can afford in a community where they want to live. To achieve this objective, the Government is seeking to: 8.16.1 “..provide a flexible, responsive supply of land managed in a way that makes efficient and effective use of land, including the re-use of previously developed land; 8.16.2 create sustainable, inclusive and mixed communities in all areas and seek to deliver developments that are attractive, safe, and designed and built to a high quality, and 8.16.3 ensure that a wide choice of housing types is available, for both affordable and market housing, to meet the needs of all members of the community..” 8.17 In support of its objective to create mixed and sustainable communities, the Government’s policy is to ensure that housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. PPS3 states that this should be achieved by making effective use of land, existing infrastructure and available public and private 21 investment. PPS3 encourages local planning authorities to make effective use of land and states that the pre-use of previously developed land should be the priority for development. PPS3 also states that schemes should take a design led approach to the provision of car-parking spaces that are well-integrated with a high quality public realm and streets that are pedestrian, cycle and vehicle friendly. 8.18 The development proposals for the Order Land fall squarely within the policy objectives of PPS3. PPS4: Planning for Sustainable Economic Growth (PPS4) 8.19 On 29 December 2009 the Department for Communities and Local Government published Planning Policy Statement 4: Planning for Sustainable Economic Growth (PPS4). The new PPS4, which seeks to contribute towards the achievement of the Government’s overarching objective of sustainable economic growth, replaces old PPS4 (Industrial, Commercial Development and Small Firms), PPS6 (Planning for Town Centres), and parts of PPS7 (Sustainable Development in Rural Areas) and PPG13 (Transport). 8.20 PPS4 sets out the Government’s planning policies for ‘economic development’ which includes all Use Class B uses, i.e. offices, industry and warehousing; public and community uses; and all main town centre uses including retail (food and non-food) and leisure. PPS4 therefore provides guidance that is of some significant relevance to the Talbot Gateway proposals. 8.21 The Introductory section to PPS4 restates the Government’s objectives for planning, which are to (amongst other things): build prosperous communities by improving the economic performance of cities, towns, regions, sub-regions, and local areas, both urban and rural; reduce the gap in economic growth rates between regions, promoting regeneration and tackling deprivation; deliver more sustainable patterns of development, reduce the need to travel, especially by car and respond to climate change; promote the vitality and viability of town and other centres as important places for communities. To do this, the Government wants: o new economic growth and development of main town centre uses to be focussed in existing centres, with the aim of offering a wide range of services to communities in an attractive and safe environment and 22 remedying deficiencies in provision in areas with poor access to facilities; o competition between retailers and enhanced consumer choice through the provision of innovative and efficient shopping, leisure, tourism and local services in town centres, which allow genuine choice to meet the needs of the entire community; and o the historic, archaeological and architectural heritage of centres to be conserved and, where appropriate, enhanced to provide a sense of place and a focus for the community and for civic activity. 8.22 Policies EC2 through to EC8 (inclusive) of PPS4 set out the obligations that are placed on regional planning bodies and local planning authorities when formulating plan policies. Whilst not strictly of relevance to consideration of the planning merits of specific scheme proposals, it is evident that many of the key aims that that Government wishes regional and local plan policies to achieve are borne out in the Talbot Gateway proposals. 8.23 In particular, Policy EC2: Planning for Sustainable Economic Growth requires both regional and local planning bodies to (amongst other things): “encourage sustainable economic growth identifying priority areas with high levels of deprivation that should be prioritised for regeneration investment, having regard to the character of the area and the need for a high quality environment”; “[seek] to make the most efficient and effective use of land, prioritising previously developed land which is suitable for re-use and […] reflects the different location requirements of businesses, such as the size of site required, site quality, access and proximity to markets, as well as the locally available workforce”; “[plan] for the delivery of the sustainable transport and other infrastructure needed to support their planned economic development […]”; and, [consider] how sites for different business types can be delivered, including by the use of compulsory purchase to assemble sites […]”. 8.24 Further, Policy EC4: Planning for Consumer Choice and Promoting Competitive Town Centres of PPS4 states, at EC4.1, that local planning authorities should proactively promote competitive town centre environments and provide consumer choice by (amongst other things):- 23 supporting a diverse range of uses which appeal to a wide range of age and social groups, ensuring that these are distributed throughout the centre; and identifying sites in the centre, or failing that on the edge of the centre, capable of accommodating larger format developments where a need for such development has been identified. 8.25 Importantly, Policies EC10 through to EC19 (inclusive) of PPS4 set out specific ‘development management policies’ that proscribe the approach that local planning authorities should take when determining planning applications for economic development. 8.26 Policy EC10: Determining Planning Applications for Economic Development sets out, at EC10.2, five impact considerations that are required to be applied to all planning applications for economic development. These five considerations are: “whether the proposal has been planned over the lifetime of the development to limit carbon dioxide emissions, and minimise vulnerability and provide resilience to, climate change; the accessibility of the proposal by a choice of means of transport including walking, cycling, public transport, and the car, the effect on local traffic levels and congestion (especially to the trunk road network) and public transport and traffic management measures have been secured; whether the proposal secures a high quality and inclusive design which takes the opportunities available for improving the character and quality of the area and the way it functions; the impact on economic and physical regeneration in the area including the impact on deprived areas and social inclusion objectives; and 8.27 the impact on local employment.” It is considered that the Talbot Gateway proposals scores highly against each of these five key impact considerations. 8.28 In particular, the Talbot Gateway proposals will be accessible by a range of transport modes being located within and at the very edge of the retail core of the town centre of Blackpool and through the inclusion of a rail station and bus station improvements within the proposals. 8.29 Further, the regeneration of this large area of Blackpool town centre that will be delivered as part of the proposals, together with the increased new job provision 24 will have a very significant positive effect on the local residential population and the town as a whole. Planning Policy Guidance Note 13: Transport (PPG13) 8.30 PPG13 was revised in 2001. It follows the themes outlined in PPS1 in giving preference to sites for development located in ‘sustainable urban areas’, in particular close to local shops and amenities to reduce the need to travel and situated on public transport links. 8.31 The guidance highlights the importance between integration of planning and transport, in particular consideration of Development Plan allocations and local transport priorities and investment should be closely linked. 8.32 The aim of PPG13 is to integrate the systems of planning and transport in order to promote more sustainable transport choices, accessibility to jobs, shopping, leisure facilities and services. In this respect, local authorities should actively manage patterns of urban growth to make the fullest use of public transport and to reduce the need to travel, especially by car. 8.33 In order to deliver the objectives of this guidance, local authorities should: 8.33.1 “..locate day to day facilities which need to be near their clients in local centres so they are accessible by walking and cycling; and 8.33.2 accommodate housing principally within existing urban areas planning for increased intensity of development for both housing and other uses at locations which are highly accessible by public transport, walking and cycling..” 8.34 The proposed redevelopment of the Order Land mirrors the ethos underpinning PPG13. The Development Plan 8.35 The statutory development plan for the area comprises the Regional Spatial Strategy for the North West and the Blackpool Local Plan (2006). The Talbot Gateway Supplementary Planning Guidance and Development Framework sit within the context of the statutory development plan. Regional Spatial Strategy for the Northwest (RSS) 25 8.36 On 6 July 2010, the Secretary of State announced the revocation of Regional Strategies with immediate effect. The 6 July revocation decision was then subject to challenge in the Cala Homes Limited case (2010 EWHC 2866). This was decided on 10 November 2010 and the outcome was to quash the 6 July revocation. The 6 July revocation decision has been quashed and as a consequence, the Regional Strategy for the Northwest as it stood on 5 July 2010 forms an ongoing part of the development plan. However, the intention to abolish RSS remains and this intention is to be given statutory effect in 2011. 8.37 The overarching vision for the region as set out in RSS is to deliver sustainable development leading to a higher quality of life and reduce social, economic and environmental disparities. 8.38 The following policies are of relevance to the Talbot Gateway proposals: DP1-Spatial Principles; DP3- Promote Sustainable Economic Development; DP6 – Marry Opportunity and Need; RDF3 – The Coast; W1- Strengthening the Regional Economy; W5 -Retail Development; W6 -Tourism and the Visitor Economy; W7- Principles for Tourism Development; CLCR1- Central Lancashire City Region Priorities; and, CLLCR2 -Focus for Development and Investment in Central Lancashire City Region. 8.39 Policies DP1 and DP3 promote the development of sites within and on the edge of the Town Centre, occupying previously developed land and the promotion of integrated transport proposals. 8.40 Policy DP6 promotes the need to link areas of economic opportunity with greatest need of economic, social and physical restructuring and regeneration. Proximity to and access via public transport from such areas will be important considerations in the choice of employment locations and sites. Similarly Policy RDF3 seeks to enhance the economic importance of the coast. 8.41 Policy W1 states that plans and strategies should promote and strengthen the North West’s economy and in particular that of the Central Lancashire City 26 Region by advancing manufacturing, engineering, environmental and bio-medical technologies, tourism and conferencing. Other priorities include the requirement to improve the skills base of the region and to tackle concentrations of unemployment which can be achieved by linking areas of opportunity and need. 8.42 Policy W5 sets out Blackpool is an identified centre. The explanatory text states that such centres should continue to be a focus for comparison goods retailing. It identifies that there is likely to be further significant growth in retail spending across the region and that the network of centres identified in the policy should be the primary focus for future retail growth and development. 8.43 Policies W6 and W7 seek to improve economic growth and quality of life through sustainable tourism activity, promotion of high quality, well designed tourism attractions; infrastructure and hospitality services. 8.44 Polices CLCR1 and CLLCR2 promote the strategy for the Central Lancashire City Region which Blackpool falls within. This is underpinned by the need to balance improved economic growth with the regeneration of its more deprived areas. It advocates that four towns including Blackpool present the greatest potential for delivering sustainable economic growth, building on the existing individual strengths of the urban centres around commerce, higher education, advanced manufacturing and resort tourism. Blackpool Local Plan (June 2006) 8.45 Following enactment of the Planning and Compulsory Purchase Act 2004 the Blackpool Local Plan is currently being replaced by a Local Development Framework (LDF). 8.46 To ensure that a policy vacuum does not occur the Council applied to the Government Office for the North West to save a number of the Local Plan policies. Government Office for the North West on behalf of the Secretary of State issued a Direction confirming which policies remain ‘saved’ as of June 2009. The Talbot Gateway proposals have been reviewed against these saved policies. 8.47 One of the Key aims of the Local Plan is to seek “to re-establish the Town Centre as the retail, commercial, administrative entertainment and cultural centre for the Fylde Coast, meeting the needs of all its users in a secure, pleasant and accessible environment”(paragraph 3.5). 27 8.48 The Local Plan sets out 6 objectives relating to the re-establishment of the Town Centre, as listed below: 8.48.1 “To re-establish the Town Centre as the first choice shopping destination for residents of the Fylde Coast by significantly improving the range and quality of shopping provision; 8.48.2 To develop a centre where tourism, leisure, culture, and retail uses happily co-exist; 8.48.3 To promote the development of a more broad based evening economy and reduce conflict between user groups; 8.48.4 To promote the Town Centre as a location for offices and administrative uses; 8.48.5 To promote easy access into the Town Centre for all users; and, 8.48.6 To achieve a safe, attractive, user-friendly environment incorporating extended pedestrianised area” (paragraph 3.6). 8.49 There are 3 policies within Chapter 3 of the Local Plan which are most applicable to the Order Land. The policy which is directly relevant to the development proposed at Talbot Development Area Gateway (TDA). is Policy Additionally SR3 Policy Blackpool SR10 North Town Transport Centre Traffic Distribution and Access to Car Parking is also directly relevant. 8.50 Policy SR3 provides a broad allocation for the majority of the land which comprises the Order Land. 8.51 Policy SR3 states: “the Council will permit the redevelopment of the Blackpool North Transport development of Development a landmark; Area high (TDA) density for the mixed use development. Acceptable uses on the site would include the following: o Public transport interchange (including tram, train, bus, coach and taxi facilities); o Major foodstore; o Offices/civic uses; o Public car parking; 28 o Civic space/open space; o Non-food stores on that part of the site that is within the Town Centre; 8.52 o Residential; o Hotel development; and, o Replacement sport and recreation facility.” Policy SR3 goes on to state that any non-food stores on this site would be expected to be located within the part of the site that is included in the Town Centre. Non-food stores will only be allowed in the edge-of-centre part of the site, if there is a need for such floorspace and there are no suitable sites available in the Town Centre. Proposals will need to be supported by a Transport Assessment/Travel Plan and associated proposals that address the travel and parking needs of the development; help improve the distribution of traffic around the Town Centre; take into account the need for enhanced access to other Town Centre public car parking; help facilitate the removal of unnecessary traffic from the Town Centre and resort core and are consistent with the Council’s proposals for pedestrian, cyclist and public transport priority. 8.53 The supporting text to Policy SR3 advocates that this is one of the Town Centres’ key ‘edge of centre’ sites and has a very important role to play in the future of the Town Centre. In providing further details on particular uses it states that the existing indoor bowls facility will need to be replaced unless it is either shown to be surplus to requirements, is relocated elsewhere, or is replaced by a comparable facility within the redevelopment area. In addition, development in this area will be required to accommodate and provide for the Town Centre Distributor Route (SR10) and promote the inclusion of attractive civic and open spaces. To achieve this, the policy promotes a Town Centre Distributor Route. 8.54 A number of other Local Plan Policies are also of relevance to the application proposals and these include in summary: CHAPTER POLICY Reshaping the Resort Establishing a Thriving Sub-Regional Centre Lifting Quality in the Built Environment RR2 – Visitor Accommodation SR3 – Blackpool North Transport Development Area SR3A – New Car Park LQ1 – Lifting the Quality of Design LQ2 – Site Context LQ3 – Layout of Streets & Spaces LQ4 – Building Design LQ5 – Public Realm Design LQ6 – Landscape Design & Biodiversity 29 LQ7 – Strategic Views LQ8 – Energy & Resource Conservation Homes for Every Need Balanced and Communities Healthy Conserving the Natural Environment Accessibility and Safe Journeys for All Planning Obligations HN3 – Phasing HN4 – Windfall Sites HN6 – Housing Mix HN7 - Density HN8 – Affordable & Specialist Needs Housing BH3 – Residential & Visitor Amenity BH4 – Public Health & Safety BH10 – Open Space in New Housing Developments BH11 - Shopping and Supporting Uses, Overall Approach BH12 – Retail Development & Supporting Town Centre Uses NE6 – Protected Species NE10 – Flood Risk AS1 – General Development Requirements AS2 – New Development with Significant Transport Implications PO1 – Planning Obligations Talbot Gateway Supplementary Planning Guidance (SPD) (November 2006) 8.55 The Talbot Gateway Planning Brief was approved in November 2006. The Brief was approved as a Supplementary Planning Document (SPD) and as such is a material consideration in the determination of any planning application over the Order Land. The SPD was produced to guide the redevelopment of the Talbot Gateway site, providing more detailed guidance and clarity as to the interpretation of Local Plan policy SR3. 8.56 The SPD aims to ensure that Talbot Gateway acts as a catalyst for Blackpool’s ambitious plans to re-establish Blackpool Town Centre as the natural first choice for retail, business, civic and cultural centre for the Fylde coast as originally envisaged by the Masterplan. 8.57 Key objectives of the SPD are to: “Deliver a distinctive, high quality development that respects and integrates the existing grain and character of Blackpool; Create an impressive arrival experience for pedestrians, car, coach and train users; 30 Provide greater safety and convenience for pedestrians and manage concurrent growth in traffic movement; Provide greater safety and convenience for cars, bus, coach and train users; Ensure that Talbot Gateway satisfies the parking requirements of the majority of Town Centre users arriving from north and east; Take maximum advantage of land already in Blackpool Council’s ownership to realise the opportunity to bring early change and pursue a phased, mixed use development of the 10 hectares; Provide a civic and publicly accessible quarter with the potential to meet the immediate and longer term development aspirations of Blackpool Council, the Crown Commissioners and other public services in Blackpool; and, Protect the viability of the retail and holiday businesses of Blackpool Town Centre as the development proceeds (paragraph 22).” 8.58 The SPD goes on to identify that by 2020, it is anticipated that Talbot Gateway will provide a stimulating arrival experience that provides an exciting new northern anchor for the Town Centre. It will be a cosmopolitan area of mixed uses that provides seamless integration with the Centre. Major redevelopment that includes a new transport interchange around a re-modelled station, new Council Offices, new courts and public areas will have created a civic focus for Blackpool and Fylde residents. It will be a major contributor to the Town Centre economy adding to its vitality and viability and providing quality jobs and homes for local people. Blackpool Local Development Framework (LDF) 8.59 The Council is currently preparing an LDF to replace its Local Plan. This will contain a number of Local Development Documents, comprising the Core Strategy, Supplementary Planning Documents, Area Action Plans (AAP’s) and a Proposals Map to collectively deliver the spatial planning strategy for the Borough. 8.60 In April 2010 the Council published a Core Strategy Preferred Option for consultation. This document sets out the broad spatial strategy for the Borough up to 2027. The Preferred Strategy is for “Sustainable regeneration, diversification and growth” which is about maximising regeneration and 31 providing supporting growth in a balanced, healthier and greener Blackpool. One of the ways in which regeneration will be maximised is by “ creating a successful and vibrant town centre to make Blackpool the natural first-choice destination of the Fylde coast sub-region”. Talbot Gateway is specifically referred to as Strategic Town Centre Site in Policy R8. The policy anticipates that the development will comprehensively redevelop the area to “transform one of Blackpool’s most decayed, unsightly and under utilised urban quarters into a prestige gateway and arrival point”. On completion it will “complement and add to the vitality of the town centre and be a catalyst for Blackpool’s regeneration” and “be a major contributor to the town centre economy”. The development will incorporate: 8.60.1 a public transport interchange around a re-modelled railway; 8.60.2 a major foodstore; 8.60.3 shops and restaurants; 8.60.4 main new offices for Blackpool Council; 8.60.5 new police headquarters; 8.60.6 new courts; 8.60.7 large and modern car parks for the wider town centre; 8.60.8 commercial offices; 8.60.9 hotels; and 8.60.10 residential apartments. 9. The Council is currently consulting on a number of key supporting documents, notably the “Need for New Homes”, that will feed into the Preferred Core Strategy. It is intended to publish a Submission Draft version of the Core Strategy early in 2011. Following a period of further consultation it will be submitted to the Secretary of State, after which an Inquiry may be held to hear objections before the document is amended and then adopted. 10. THE PLANNING APPLICATION 32 10.1 An outline planning application, reference 09/1582, submitted by How Planning on behalf of the Developer was approved by the Local Planning Authority on 15 March 2010. The proposed scheme was developed through the Environmental Impact Assessment and design process with a period of extensive stakeholder and community pre-application consultation during which no significant objections were received. 10.2 The description of the development referred to within the planning permission is as follows: “Talbot Gateway Comprehensive mixed use development with buildings ranging from 2 storeys to 14 storeys in height comprising offices (up to 29,642 sq m); Class A1 food superstore ( up to 8710 sq m); petrol filling station; other Class A1 retail uses ( up to 15,085 sq m); new Courts complex ( up to 7830 sq m) ; new Divisional Police HQ ( up to 7510 sq m); Use Classes A3, A4 and A5 food and drink uses ( up to 3634 sq m) ; residential development ( up to 11,626 sq m); maximum of four hotels ( up to 20,122 sq m); doctors surgery (up to 1020 sq m); alterations to Blackpool North railway station and creation of a new transport interchange; comprehensive refurbishment and remodelling of Talbot Road multi storey car park; refurbishment and alterations to Wilkinson’s building and Prudential House; various highways alterations; creation of new public realm and all supported by a total of [2987] parking spaces (on and off street) ( outline proposals )” 10.3 The permission is in outline, with permission granted for matters relating to layout and access but with appearance, scale and landscaping to be determined at a later date. The overarching intention of the permission is to create a sustainable mixed-use development with excellent links to the town centre and the railway station. 10.4 The application allows for the proposals to be brought forward in a number of phases over a 13 year period, with the precise order of the phasing to be determined by interest from potential occupiers and market conditions. In order to ensure flexibility within the masterplan over the life of the scheme, a limited number of alternative uses are approved within certain development blocks. In Blocks 3 and 13 there is an opportunity to replace hotel uses with residential should market conditions allow, and in Block 14a and 14b there is the opportunity for the police and courts buildings to be replaced with offices. 33 10.5 In total the application is for 84,853 square metres of development set out in 13 Development Blocks which are defined by a skeleton of public realm centred on a new public square. The key components of the permission are: 23,944 square metres of retail provision including an 8,710 square metre food superstore; 3,634 square metres of food and drink outlets; 23,854 square metres of new offices including council offices and combined magistrates/ county courts; 7,510 square metres of new divisional headquarters for the police; community uses including a doctors surgery; 4 hotels and leisure uses; a minimum of 14 residential units; new pedestrian routes and cycleways; improvements to highways infrastructure and access, including improvements to the train station by the development of a transport interchange; 2,987 car parking spaces, including the refurbishment of the Talbot road multi-storey car park; 10,100 square metres of hard and soft landscaping, including a new public square. 10.6 The Outline Planning Application for the whole of Talbot Gateway covers 10.1 hectares whereas this Order will deliver 5.1 hectares as a first phase. This first phase will allow for the early delivery of the following key aspects of the wider proposals for the Talbot Gateway Area: 10.6.1 a revised pedestrian-friendly highway traffic system with a new civic square; 10.6.2 a foodstore of up to 9,000 sqm; 10.6.3 a 9,290 sqm block of Council and commercial offices; 10.6.4 a 2,750sqm commercial office block; 10.6.5 a 100 bedroom hotel; 10.6.6 1200 new or refurbished car parking spaces; 10.6.7 3,000 sqm of new shops and cafes/restaurants. 34 11. RELATED ORDERS 11.1 The stopping-up and diversion of various lengths of public highway is proposed in order to facilitate the redevelopment proposals for the Order Land. The highways concerned include: 11.2 Swainson Street; Seed Street; Eden Street (section from Buchanan Street to Seed Street); King Street(northern end); Larkhill Street; and Back Cookson Street. In addition a number of Traffic Regulation Orders will be required in due course in order to facilitate the development. 12. FUNDING AND DELIVERY Delivery 12.1 A Development Agreement between the Developer, the Council and ReBlackpool dated 12th March 2009 and the Supplementary document signed on XX December 2010 grant rights to the Developer to enable the development to take place. The Developer is the lead development partner and is responsible for obtaining the necessary statutory consents and for working with the Council to secure all the land interests necessary to carry out the Development in its entirety. Funding 12.2 The Development will be funded by public and private sector monies. The public sector contribution will include Council land holdings put into the scheme at nil value and European Regional Development Fund grants. The Development Agreement between the Council and the Developer sets out the terms under which the monies will come forward as the Development proceeds. 35 12.3 Accordingly, the Council contends that there are no funding or delivery orientated impediments to the implementation of the Development that underpins the Order. 12.4 Having of financial necessity divided the delivery of the Talbot Gateway Masterplan into phases, the Council and the Developer remain committed to ensuring that the comprehensive regeneration of the whole area is completed. 13. CONSULTATION AND RELOCATION Consultation on the Scheme Proposals 13.1 The proposals for Talbot Gateway have undergone extensive consultation with public and private sector partners, local businesses and the local community. Feedback received following a number of the consultation initiatives has been invaluable and has informed the development of both the planning policies and the proposals themselves. 13.2 The scene had been set for development when Blackpool Challenge Partnership had prepared a Regeneration Strategy in 1999 that signalled a broad commitment by members of the community and stakeholders to work alongside the Council to bring about fundamental change in Blackpool. The public was also aware that achieving European Regional Development Fund Objective 2, Single Regeneration Budget and Neighbourhood Renewal Area status in the early 2000s provided Blackpool with a real opportunity to halt the spiral of decline and start of the process of turning Blackpool into a more competitive and inclusive resort. 13.3 The idea of development in the area around Blackpool North Station has been in the public domain since the early 2000s. In 2000/1 local businesses and residents were aware of proposals coming from private developers, Chelverton, (as described in paragraph [ ]) through articles in the press and visits to key stakeholders by Chelverton themselves. 13.4 The Chelverton proposals fell through but proposals for the area began to be discussed with a wider audience and in a more specific manner through both the review of the existing 1996 Local Plan and the emerging Blackpool Resort Masterplan. Consultation ran in parallel for these through 2003 to 2006 and then continued with the Developer Competition and the Talbot Gateway Planning Brief. 36 13.5 Alongside these geographically specific proposals, the proposals for Talbot Gateway featured as an important part of the a number of strategic documents that stakeholders and the public were consulted on, including: Blackpool Local Transport Plan 2006-2011 Community Plan (2005) Corporate Performance Plan (2005-2007) Community Safety Strategy 2005-2008 Regeneration Framework (2005) Consultation on the Blackpool Local Plan 2001-2016 13.6 In February 2002 the Council undertook a wide-ranging public consultation exercise to inform the review of the Local Plan. support for fundamental physical change and The responses confirmed town centre and resort regeneration, with the need for better shopping facilities and better access and parking identified as the highest priorities to improve the town centre offer. 13.7 Policies to promote comprehensive redevelopment of Talbot Gateway were incorporated into the First Deposit Draft of the Blackpool Local Plan in January 2003. Specifically, the public was invited to consider Policies SR3 ‘Blackpool North Transport Development Area’ and SR4 ‘Cookson St/King St’ which promoted mixed-use development including a foodstore, office and residential uses, parking and transport interchange that would address the fundamental transportation and environmental issues around the Talbot Gateway area. 13.8 Consultation led to amendments to the words of the Policies but not their general intention and a further round of consultation on the Revised Deposit Draft followed in February/March 2004. 13.9 Eventually some objections remained and they were tested at Inquiry. The Inquiry Inspector recommended no change to these Policies, stating that, in his view, “without major new investment the future for regeneration [of Blackpool] is not promising”. Modifications to the Plan’s policies and proposals were proposed by the Council and published again for consultation. There were minor modifications but no substantial changes to Policy SR3. Policy SR3A was created to separately identify the new car park site at King Street/ East Topping Street from the office site at Cookson Street/ King Street with which it had previously 37 been included (Policy SR4). No new representations were made to these Modifications which were then adopted in June 2006. Consultation on the Resort Masterplan 13.10 A Masterplan proposing transformational change across the central resort area was developed by EDAW/Jerde in 2003. It recognised that incremental action would not create the climate for the amount of investment that would be required to turn around the town’s economy and that only a radical solution proposing major change and renewal would be effective. A vision and framework for physical renewal was established based around a number of key themes including casino development, the seafront, the town centre, neighbourhoods and environmental issues. 13.11 The area around Blackpool North Station was a key component of the vision and proposed a new civic and cultural quarter set around a new civic square immediately outside the station, introducing new retail, commercial, community, residential and civic office uses, town centre parking, contemporary transport facilities within a large, mixed-use, pedestrian-friendly development. 13.12 Consultation on the Masterplan was launched in March 2003 at the Imperial Hotel and took place over the following 4 month period. Blackpool residents and local businesses, government and the commercial sector were encouraged to find out about the proposals through a special Blackpool Gazette Supplement, local radio, staffed exhibitions in 3 local supermarkets, a dedicated telephone hotline, and formal presentations to stakeholders and the Area Forum groups. 13.13 The response was considerable – for example, over 80 calls to the Hotline and over 500 visitors to the supermarket exhibitions - with wide approval amongst the local community and positive encouragement from the business sector, both locally and amongst prospective investors. The proposals for the development around the North Station area were widely supported and need to sort out the transport system, for better parking and shopping facilities featured commonly amongst the comments received. 13.14 The responses informed the Local Plan process, especially for the Resort and Town Centre policies, and fed into the Revised Deposit Draft of the Local Plan, where they were able to be challenged and considered formally. 38 13.15 Talbot Gateway continued to be seen as an essential component of town centre regeneration and as part of the Development Brief developers were asked to “review and develop the existing Masterplan vision for Talbot Gateway”. Consultation on the Talbot Gateway Planning Brief - Supplementary Planning Document (November 2006) 13.16 A draft Planning Brief for the Talbot Gateway area was first published in June 2006, just after the Developer Competition for the Talbot Gateway proposals had commenced. It set out to provide further guidance on Policies SR3, SR3A and Policy SR4 of the Local Plan and expands in particular on : requirements for a number of ‘core’, ‘desirable’ and ‘acceptable’ components; parking and highway requirements; the appearance and character of any proposals; headline topics for a Design and Access Statement; and a list of documents that would be required to be included in any planning application. 13.17 A number of comments, both in objection and support were received and considered by the Council, and some amendments made as a result. The Brief was adopted in November 2006 as a Supplementary Planning Document under the new Planning System. Consultation on the Blackpool Local Transport Plan 2006-2011 13.18 The LTP identifies Talbot Gateway as a major development which will have significant impact upon transport, requiring traffic modelling, Transport Assessment and Travel Plans to be undertaken in partnership with a developer. All of this has been provided. The Town Centre Distributor Route passes through Talbot Gateway and the Muse scheme accommodates it in a way that improves access and traffic flow through the area. Formal consultation with both local people and stakeholders was carried out to produce this Plan. The Developer Competition 39 13.19 The process to select a Developer Partner commenced in January 2006 with a prospectus and advertisement describing the opportunity in the Official Journal of the European Community. 13.20 The public was kept informed of this progress through press releases which were used by Blackpool Gazette, Radio Wave and Radio Lancashire in particular and by the trade press. 13.21 The decision to award status as Preferred Developer to Muse Developments was confirmed at the Council Executive meeting on the 21 st March 2007. A three-day exhibition was held in Blackpool town centre to show the Muse submission scheme, with the help of a scale model, to local residents and businesses. Some 400 people took advantage of the opportunity, including the local press. 13.22 On 17 September 2008 the Council Executive approved the principle terms of a legal agreement with Muse Developments for the phased development of the scheme, together with a scheme boundary, which the local press again reported. The following day there was a special stakeholder meeting with all parties with interests within that boundary and staff at ReBlackpool have made themselves available to answer any queries from any interested parties. When the Development Agreement with the Developer was completed in March 2009 there was further extensive press and television coverage. 13.23 In early September the public was consulted by means of press coverage, leaflets and a 4-day exhibition to gauge public response to the proposals prior to the details of the outline planning application being finalised. At least 550 people attended the event with the majority in support of the proposals. Only 26 written responses were received. A number of minor amendments were made as a consequence. 13.24 Following submission of the outline planning application a formal consultation process was carried out by the Council between 14 December 2009 January and 18 January 2010. A small exhibition was placed in the foyer of the Municipal Buildings and approximately 1400 consultation letters were sent out with approximately 30 responses being received, none of which raised major issues. When the Development Control Committee considered the application an issue was raised by residents relating to the screening of Banks Street car park and Muse were able to table an amendment that satisfactorily dealt with their concerns. The permission is subject to 33 conditions that reflect the consultation 40 responses received and will ensure that any development meets the standards expected of it. Relocation 13.25 The Council is acutely aware that the regeneration of the Order Land will inevitably involve disruption to those living and conducting a business within the area and that successful relocation, where required, is important to ensure practical delivery of the Scheme. 13.26 Notwithstanding this, the Council contends that the purpose for which it is seeking to make the Order - to secure the much-needed regeneration and development of the Order Land - provides sufficient justification for the interference with the human rights of those affected by the proposals. Full details of the relevant human rights considerations involved in the making of the Order are set out in section 13 of this Statement of Reasons. In recognition of the concerns of those affected by the proposals, the Council will ensure that their relocation takes place in a co-ordinated way and that disruption is kept to a minimum. The planning permission is supported by a Relocation Strategy which sets out how the partners will seek to minimise disruption and seek to facilitate any relocations, including any temporary ones that may be necessary as a result of the Development. 13.27 Relocations: 13.27.1 140-168 Talbot Road – potentially 16 residential tenants and 6 commercial tenants will be offered relocation through the offices of Blackpool Coastal Housing and Blackpool Unlimited 13.27.2 NCP car park to be offered alternative investment or compensation 13.27.3 The Tache and 14 Cookson St – the nightclub business to be relocated to alternative premises in Blackpool 13.27.4 Talbot Road Bus Station – coach operators all have the opportunity to relocate to the new coach facility in Central car park. 13.28 The Council is of the view that the use of compulsory purchase powers in this matter is proportionate. 14. HUMAN RIGHTS CONSIDERATIONS 41 14.1 Section 6 of the Human Rights Act 1998 prohibits public authorities from acting in a way which is incompatible with rights protected by the European Convention on Human Rights (“ECHR”/ “the Convention”). 14.2 The position is conveniently summarised in paragraph 17 of Part 1 of the Memorandum to ODPM Circular 06/2004, which states that a compulsory purchase order should only be made where there is “a compelling case in the public interest”. The Circular makes it clear that an acquiring authority should be sure that the purposes for which it is making a compulsory purchase order sufficiently justify interfering with the human rights of those with an interest in the land affected. In making this assessment, an acquiring authority should have regard, in particular, to the provisions of Article 1 of the First Protocol and Article 6 of the Convention and, in the case of a dwelling, Article 8 of the Convention. 14.3 Article 1 of the First Protocol, Article 6 and Article 8 of the Convention are summarised and considered below: 14.4 Article 1 of the First Protocol states that: “…Every natural or legal person is entitled to peaceful enjoyment of his possessions” and “no one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by the law and by the general principles of international law…” 14.5 Whilst occupiers and owners in the Order Land will be deprived of their property if the Order is confirmed, this will be done in accordance with the law. The Order is being pursued in the public interest as required by Article 1 of the First Protocol. The public benefits associated with the Scheme are set out earlier in this Statement of Reasons. 14.6 14.7 In light of the above, the Council considers that the Order will strike a fair balance between the public interest in the implementation of the Scheme and those private rights which will be affected by the Order. 14.8 Article 6 of the Convention provides that: 42 “..In determining his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law..” 14.9 The Talbot Gateway proposals have been extensively publicised and consultation has taken place with the communities and parties that will be affected by the Order. All those affected by the Order will be notified, will have the right to make representations and/or objections to the Secretary of State for Communities and Local Government, and to be heard at a public inquiry. It has been held that the statutory processes and associated right for those affected to pursue remedies in the High Court, where relevant, are compliant with Article 6. 14.10 “Article 8 of the Convention provides that: “(1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and necessary in a democratic society in the interest of…the economic well being of the country…” 14.11 The Order has been made pursuant to section 226(1)(a) of the of the Town and Country Planning Act 1990, as amended by Section 99 of the Planning and Compulsory Purchase Act 2004 which authorises the Acquiring Authority to acquire land compulsorily subject to following the procedures in the Acquisition of Land Act 1981. The Acquiring Authority believes, for the reasons set out in this Statement that the proposals will facilitate the carrying out of development, redevelopment or improvement in relation to the Order Land which is likely to contribute to the achievement of the promotion of the economic, and social, and environmental well-being of the area. Consequently, the Acquiring Authority considers that there is a compelling case in the public interest that the Order Land be acquired in order to achieve the public benefits outlined in this Statement of Reasons. If the Secretary of State agrees with the Acquiring Authority that that there is a compelling case in the public interest, he may confirm the Order. If the Order is confirmed, compensation may be claimed by persons whose interests in land have been acquired or whose possession of land has been disturbed. In the circumstances, if the Order is confirmed, the compulsory acquisition of the Order Lands will not conflict with Article 8 of the Convention. 43 14.12 The Council considers that such interferences as may occur with the pursuance of the Order are in accordance with the law, pursue a legitimate aim, namely the economic wellbeing of the town and/or the protection of the rights and freedoms of others, and are proportionate having regard to the public benefits that the Scheme will bring which will, in turn, benefit the economic well-being of the town. 14.13 Those directly affected by the Order will also be entitled to compensation proportionate to any losses that they may incur as a result of their acquisition. Compensation will be payable in accordance with the Compulsory Purchase Code, assessed on the basis of the market value of the property interest acquired, disturbance and statutory loss payment. The Council will also pay the reasonable surveying and legal fees incurred by those affected. The Compulsory Purchase Code has been held to be compliant with Articles 8 of the Convention and Article 1 of the First Protocol. 14.14 The European Court of Human Rights has recognised in the context of Article 1 of the First Protocol that “..regard must be had to the fair balance that has to be struck between the competing interests of the individual and the community as a whole..” Both public and private interests are to be taken into account in the exercise of the Council’s powers and duties. 14.15 In pursuing the Order, the Council has carefully considered the balance to be struck between the effect of compulsory acquisition on individual rights and the wider public interest in the redevelopment of the Talbot Gateway area. Interference with Convention rights is considered by the Council to be justified here in order to secure the economic regeneration, environmental and public benefits which the proposals will bring. 15. SPECIAL FEATURES AND SPECIAL CATEGORIES OF LAND 15.1 There are no special features on the Order Land and the Order Land does not include any special category of land. 16. EASEMENTS, RIGHTS, ETC 16.1 It is intended that a General Vesting Declaration (GVD) or General Vesting Declarations will be made by the Council in respect of the Order Land in the event that their compulsory purchase powers are confirmed by the Secretary of State. It is also the intention of the Council that all easements, covenants, 44 rights and other interests in the land included in such a GVD shall be acquired/overridden. Any mortgages and rent charges are to be dealt with in accordance with the relevant provisions of the Compulsory Purchase Act 1965. 17. VIEWS OF GOVERNMENT DEPARTMENT / AGENCIES 17.1 No specific views have been expressed. 18. COMPULSORY PURCHASE BY NON-MINISTERIAL ACQUIRING AUTHORITIES RULES 1990 18.1 This Statement of Reasons is not a statement under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007 and the Council reserves the right to alter or expand it as necessary. 19. LIST OF DOCUMENTS National and Regional Planning Policy 19.1 PPS1: Delivering Sustainable Development (2005); 19.2 PPS1 Supplement: Planning and Climate Change (2007); 19.3 PPS3: Housing (2006); 19.4 PPS4: Planning for Prosperous Economies (2009); 19.5 PPG13: Transport (2001); Local Planning Documents 19.6 Regional Spatial Strategy for the North West; 19.7 Blackpool Local Plan 2001-2016; 19.8 Talbot Gateway Supplementary Planning Guidance (2006); 19.9 Blackpool Core Strategy Preferred Option (2010); Other Documents 19.10 Sustainable Community Strategy for Blackpool 2008-2028; 19.11 Resort Masterplan 2002; 19.12 Blackpool Local Transport Plan 2006-2011; 19.13 Community Plan (2005); 45 19.14 Corporate Performance Plan (2005-2007); 19.15 Community Safety Strategy 2005-2008; 19.16 Regeneration Framework (2005); 19.17 Hillier Parker Retail Study (1999); 19.18 Savills Retail Study (2004); 19.19 Fylde Coast Retail Study (2008). 46