TOWN AND COUNTRY PLANNING ACT 1990, ACQUISITION OF LAND ACT 1981, CHESTER CORPORATION ACT 1929 & CHESTER IMPROVEMENT ACT 1845.

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1 TOWN AND COUNTRY PLANNING ACT 1990, ACQUISITION OF LAND ACT 1981, CHESTER CORPORATION ACT 1929 & CHESTER IMPROVEMENT ACT APPLICATIONS TO: 1) CONFIRM THE CHESHIRE WEST AND CHESTER BOROUGH COUNCIL (CHESTER NORTHGATE) COMPULSORY PURCHASE ORDER 2017; 2) CONFIRM THE STOPPING UP OF HIGHWAY (NORTH WEST) (NO. ) ORDER 201 AND; 3) CLOSE CHESTER MARKET AND RELOCATE IT WITHIN THE PROPOSED REDEVELOPMENT OF THE NORTHGATE AREA OF CHESTER. INSPECTOR S PRE-INQUIRY NOTE Purpose of this Note 1. The purpose of this note is to assist parties in preparing for the Inquiry into objections to the above Compulsory Purchase Order ( CPO ), Stopping Up Order ( SUO ) and the closure and relocation of Chester Market so that it can run more efficiently. It is being issued to the Acquiring Authority, Cheshire West and Chester Borough Council ( the Council ), and to those parties who have made representations about the CPO, SUO and Chester Market. 2. The Inquiry will open at 10:00 hrs on 7 February 2018 and is expected to last for up to 12 days. (It is scheduled to sit on 7-9 February, February, February and February.) On subsequent days the Inquiry is likely to resume at hrs. Normally, I will adjourn proceedings at about hrs and on Fridays no later than 13:00 hrs. The Inquiry will also adjourn for lunch and there will be short mid-morning and mid-afternoon breaks. 3. The venue is the University of Chester, Riverside Innovation Centre, Castle Drive, Chester, CH1 1SL. The Council should ensure that there is suitable access for the disabled and an audio induction/hearing loop system. There should also be a separate retiring room for the Inspector. Any party who has any special requirements should contact the Council beforehand to arrange necessary assistance. 4. The Council has appointed Helen Wilson to act as Programme Officer ( the PO ) and assist with the efficient running of the Inquiry. Any queries regarding this Note or the procedural side of the Inquiry should, in the first instance, be sent to the PO. (Contact: progofficer@aol.com or tel: or ) Purpose of the Inquiry 5. The purpose of the Inquiry is to enable me to gather the information necessary to make my report to the Secretaries of State. Within my report I shall set out the gist of the arguments and recommend either that the CPO should be confirmed, or that it should be modified and confirmed, or that it should not be confirmed. I will also make recommendations concerning the two other applications, including whether or not the SUO should be made. 1

2 6. Discussion about the merits of Government policy, matters of compensation and the merits of the various planning permissions and listed building consents are outside the scope of the Inquiry. 7. Government guidance on the compulsory purchase of property is in DCLG Guidance on the compulsory purchase process and The Crichel Down Rules for the disposal of surplus land acquired by, or under the threat of, compulsion (2015). 8. The evidence that the parties present is entirely a matter for them. On the basis of the information available to me at this stage, I would find it particularly helpful to have evidence in respect of the following matters: i) whether or not all statutory formalities concerning the applications/order Lands have been complied with and the validity of the applications; ii) whether all of the land is needed for the purposes proposed; iii) whether the proposed acquisition of special kinds of lands would have any serious detrimental effect on the ability of statutory undertakers to carry out their duties/functions; iv) the extent to which land being acquired would assist in promoting or improving the economic, social or environmental well-being of the area and details of any assessment of the disruption likely to be caused to residents and businesses; v) whether the SUO is necessary to enable the proposed scheme of redevelopment to be carried out and whether it and/or the CPO would prejudice safe and convenient access for pedestrians and service vehicles; vi) the implications of excluding Objectors Lands from the Orders and being unable to agree terms by private treaty to acquire Crown Land; vii) the deliverability of the scheme for which the land is being acquired, including the outcome of the Council s 2017 annual review of the scheme s progress and risk, as well as substantive information as to the sources of funding available for acquiring the Order Lands and undertaking the approved regeneration scheme; viii) whether compulsory purchase is justified as a last resort and whether the Council has taken all reasonable steps to acquire the land included within the Orders by agreement; ix) whether the interference with Objectors human rights would be justified and whether any person or persons with protected characteristics are likely to be affected by the applications; x) whether the closure and relocation of Chester Market complies with the local Acts and would be fair and reasonable to existing traders; xi) whether the new market building/space would be suitable for its purpose. (Whilst the Council is requested to provide evidence on all of the above, others only need address those matters they feel are relevant to their case.) 2

3 Inquiry Procedure 9. The procedure at the Inquiry will generally follow The Compulsory Purchase (Inquiries Procedure) Rules Statutory objectors and the Council have a right to appear at the Inquiry. I may allow others to appear to support or object to the applications. Those who appear may question others who take a different view and be questioned by them. All evidence should be directly relevant and not repetitious. Objectors and any supporters are encouraged to liaise with each other to avoid repeating arguments and ensure the efficient running of the Inquiry. The evidence presented to the Inquiry should not contain any surprises. 11. I propose to hear first the Council s general case in relation to the CPO, then the application in respect of Chester Market followed by the SUO. Objectors will be given the opportunity of cross-examining the Council s witnesses. The Council will be allowed to re-examine its witnesses and I may also have some questions. I will then hear any evidence from supporters, who may also be cross-examined and re-examined. 12. I will then hear the evidence relating to each objection, starting with the Council s case on that objection and any cross-examination of its witnesses, any re-examination and any questions I may have. Objectors will then have the opportunity to call witnesses, who may be similarly questioned. 13. At the end of their appearance or towards the end of the Inquiry, parties may make brief closing submissions. Those wishing to do so should inform me of their intention to make such submissions before presenting their evidence. The Council will also be allowed to make closing submissions and will have the right of final reply. Closing submissions should be made in writing (with a copy made available in Word format to the PO) and read out at the Inquiry. These must not contain new evidence and should summarise the case. 14. If any legal cases are to be referred to full copies of the judgement must be provided at that time or beforehand. Advance notice of any cases to be relied on must also be provided to the opposing party, to give them the opportunity of responding to any points made. 15. The procedure may be reviewed at the opening of the Inquiry. Form of Evidence 16. Evidence is usually presented at Inquiries in the form of a written statement of evidence which may be supported by appendices and/or figures. Statements should be submitted to the PO by 5pm on 17 January 2018 in both electronic form (Word format) and in hard copy. 3

4 17. If the Statement is longer than 1500 words, a separate written summary must also be provided and it is that summary which is normally read out by the witness at the Inquiry. I will however take into account the whole of the evidence, and the witness may be questioned on it all. 18. Any rebuttal statements are to be submitted to the PO by 5 pm on 31 January 2018, again in electronic form as well as in hard copy. 19. Appendices should be bound separately from statements of evidence. They should be paginated throughout and contain a list of the documents included, with page references at the beginning of the bundle. Appendices should be divided from each other by a tab and need only contain those extracts that are relevant, not the whole document, but should always include the title page. 20. Units of measurement given in statements of evidence should be metric. Documents should be A4 size (or A3 folded to A4). 21. An Inquiry Library will be maintained by the PO and will be open to public inspection upon request. The Library will include Core Documents (CD) provided and listed by the Council so as to avoid the same documents being submitted several times by different parties. Objectors should therefore check if the document they wish to refer to is on the CD list. Anything not on the list will need to be provided separately. 22. Those who wish to rely on material from the internet must provide printed copies, as the content of websites can change and it is important that I and the Secretaries of State see the version the party is using. 23. Written material from parties who choose not to appear at the Inquiry will be taken into account and considered in my report. Greater weight is likely to be given to evidence which is subject to testing at the Inquiry. 24. In addition to providing copies of statements of evidence and appendices to the PO and to the Council, all parties should provide a spare copy to the PO for inclusion within the Library. 25. The Council s statements of evidence and appendix bundles should be numbered with the prefix AA/, with appendix bundles bearing a separate number. Compensation and the Award of Costs 26. Neither I nor the Secretaries of State can determine the amount of any financial compensation to be paid to any owner or occupier. The process for deciding such matters is completely separate from the Inquiry. I do not wish to hear objections based on the amount of compensation which an objector claims to be payable. 4

5 27. Successful objectors to CPO Inquiries and analogous Orders are normally awarded their costs. No application need be made at the Inquiry. However, costs may be awarded against a party that has behaved unreasonably and caused another party to incur unnecessary or wasted expense. If any such costs applications are to be made a draft or gist of the reasons must be given to the party against whom the application is being made before the application is heard. All costs applications must be made before the Inquiry closes. Withdrawal of objections 28. If any objector wishes to withdraw their objection at any time up to the close of the Inquiry, their withdrawal must be put in writing. It should be addressed to the Council, with a copy sent to the PO. Programming 29. It would be helpful if objectors and supporters proposing to give evidence at the Inquiry could, in collaboration with the PO, draw up a draft Inquiry Programme and provide details of their availability throughout the proceedings. Those who wish to appear at the Inquiry should by 5pm on 24 January 2018 provide the PO with contact details, information on any proposed professional representation and an estimate of the time likely to be required to give evidence and cross-examination of the opposing party s witnesses and any closing submissions. 30. All those wishing to appear at the Inquiry should be present when the Inquiry opens to confirm their attendance. In all likelihood, the Inquiry will first hear evidence in respect of the CPO, followed by the SUO, then the closure / relocation of the market. If all of the evidence can be heard before the last scheduled sitting day then the Inquiry would close before 28 February Site Visits 31. I will undertake a formal accompanied visit to the land that is the subject of the CPO, SUO and the other application during or after the Inquiry. If there are any other sites which any party considers I need to visit a list should be given to the PO before the Inquiry opens. Summary of Key Dates 17 January submission of statements of evidence (para 16 above); 5

6 24 January submission by objectors and supporters to the PO of contact details, information on professional representation and time estimates (para 29 above); 31 January submission of any rebuttal statements of evidence (para 18 above); 7 February commencement of Inquiry. Neil Pope BA (Hons) MRTPI Inspector

The Compulsory Purchase (Inquiries Procedure) Rules 2007

SI 2007/367 Page 2007 No. 367 TRIBUNALS AND INQUIRIES, ENGLAND AND WALES The Compulsory Purchase (Inquiries Procedure) Rules 2007 Thomson Reuters (Legal) Limited. UK Statutory Instruments Crown Copyright.