ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT , 1997
THE ALLOA STATION COMPULSORY PURCHASE ORDER,2008
STATEMENT OF REASONS FOR MAKING THE ORDER
1.1Clackmannanshire Council has resolved to make the Town and Country Planning (Scotland) Act 1997, Alloa Station Compulsory Purchase Order for the following reasons.
1.2Clackmannanshire Council is the authorised undertaker for the purposes of the Stirling – Alloa – Kincardine and Linked Improvements (Scotland) Act 2004 (SAK Act). Pursuant to its powers under the SAK Act the Council has constructed the Stirling – Alloa – Kincardine Railway (the Rail Project). The area of land extending to 105 square metres or thereby shown coloured red on the plan annexed (the CPO area) forms part of the platform and the station car park at the new railway station that has been constructed in the Alloa town centre as part of the Railway Project. Having instructed Land Referencers, the Council understood that the CPO area was in the ownership of Network Rail. Also as Network Rail did not wish the Council to pursue powers of compulsory purchase over land belonging to it the Council did not seek to have such powers included in the SAK Act.
1.3Subsequent title searches have disclosed that the CPO area is not in the ownership of Network Rail. Furthermore it has not been possible to identify the owner of the CPO area meaning that the Council cannot acquire title to the area by agreement. For the reasons stated above the Council cannot acquire title to the CPO area under the SAK Act.
1.4The Council wishes to secure title to the CPO area in order that it can transfer it to Network Rail as an integral part of the Railway Project. The design of the railway (which is subject to the approval of Network Rail) is such that the CPO land forms part of the station platform (which has already been constructed). Additionally without title to this area the Council will not be able to provide Network Rail with optimally positioned parking spaces for maintenance purposes. The Council is therefore of the view that the CPO area is required for the Railway Project and, as it cannot be acquired by voluntary means, that the Council should promote a compulsory purchase order in respect of it and forward the same to the Scottish Ministers for confirmation.
The Planning Context
1.5The Stirling – Alloa – Kincardine railway corridor is supported by Proposal TRP1: Strategic Transport Infrastructure of the Clackmannanshire and Stirling Joint Structure Plan 2002 and by Policy INF1 : Strategic Rail Transport Proposals of the Clackmannanshire Local Plan 2004. In 2004 the Scottish Parliament passed the Stirling – Alloa – Kincardine Railway and Linked Improvements (Scotland) Act 1004 which authorised the construction of the Railway Project including the construction of Alloa railway station.
1.6The Stirling Alloa Kincardine and Linked Improvements Bill Committee considered evidence in support of the need for the rail project prior to recommending the Scottish parliament that the Bill should be enacted. The evidence considered by the Committee included a Statement and a Supplementary Statement on the Need for the Railway Project for the economic development and regeneration of Clackmannanshire in the context of Development Plan policy. The land use planning case in favour of the rail project has therefore been established.
1.7It is the Council’s position that the new Alloa Station cannot be properly developed in accordance with the design that has been approved by Network Rail without the inclusion of the CPO area. The CPO area is suitable for, and is required in order to secure the carrying out of the development and the improvement of Alloa Town Centre as an integral part of the rail project , and it is required for a purpose (the rail project) which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated (Clackmannanshire). In the circumstances, the Council believes that as the CPO area cannot be acquired by any other means there is a clear need for the proposed compulsory purchase order.