Lawyers respond to plans to force owners to sell land needed for Truro garden village
Cornwall Council is meeting to consider a Compulsory Purchase Order
Last updated 15th Jun 2022
Lawyers acting for landowners who Cornwall Council want to force to sell land needed for a 3,500-home new town have accused the authority of failing to negotiate before seeking to secure powers to acquire the land.
The council's Cabinet is set to consider a report today (June 15th) recommending that it applies for a Compulsory Purchase Order (CPO) to acquire the land needed for Langarth Garden Village on the edge of Truro.
In that report council officers claim that they have undertaken negotiations with landowners to agree deals for the land but may have to resort to a CPO as they have been unable to reach agreement. Any CPO would have to be agreed and signed off by the Secretary of State Michael Gove.
The council, which is leading with a £165million investment in the scheme, says it has around 68 per cent of the land needed for the housing side of the development and 75% required for the Northern Access Road (NAR) which connects the garden village.
Under the garden village plans there are proposals for up to 3,500 homes along with employment space, blue light stations, schools, health facilities, shops, community facilities and open space.
In a letter sent to Cabinet members, lawyers acting for one of the landowners say that the council has not carried out sufficient negotiations and call on councillors to defer any decision on a CPO so that more talks can take place.
Gareth Pinwell from Ashfords LLP wrote to the Cabinet on behalf of Richard Walker "and associated companies" which have a significant land interest on the Langarth site – around 35% of the land needed for the development.
Mr Pinwell, who was formerly chief executive of Restormel Borough Council, said that Mr Walker, a local developer, had his own plans for the land. He added: "Over the last 3 – 5 years my client has tried without success to secure the cooperation of the council in working with them to bring the scheme forward in a comprehensive well -planned manner. This recognised the fact that there needed to be a degree of co-operation on the part of the council to deliver development – this has not been forthcoming and the attitude if anything has been unhelpful".
And discussing any negotiations he added: "Throughout the last three years my client has not even received a single formal offer from the council for either all or part of their land interests. This is not the evidence or approach of a council who has funding committed to deliver a scheme. There were no real efforts to engage with my clients and there were concerns as to whether the funding was in place if a deal was agreed".
In making his request to the Cabinet Mr Pinwell states: "We would request on behalf of our clients that the consideration of a CPO is deferred for three months to enable the council to genuinely engage with the key landowners to deliver the required scheme. It is not appropriate or reasonable to make a resolution at your meeting with the history set out above".
Phil Mason, strategic director for sustainable growth and development at Cornwall Council, today told councillors that a response to the claims would be presented to the Cabinet at Wednesday's meeting.
He said, at a meeting of the council’s economic growth and development overview and scrutiny committee, that the landowner had "given one side of the story" adding: "In my view we have been working constructively with that third party".
Mr Mason said he would not comment further on the issue as it was a matter for the Cabinet to consider.