ONE of the last sites to hold out against Herefordshire Council over the city's new link road scheme has won a crucial concession.

A cabinet level decision means the council can extend its compulsory purchase plans to buy the whole of the stand out site and not part.

The part-purchase of the Edgar Street site occupied by CRW Carpets was the cause of the dispute.

Confirming the decision, the council says the “entire property” purchase is a response to statutory objection notices from the freeholder and leaseholder to the council’s plan to only acquire part of the premises.

The council had been served with a notice requiring them to purchase the whole of the premises rather than the parts identified in the project’s compulsory purchase order (CPO) on the basis that the loss of part of the site would cause a “material detriment” to the property and business operation.

In accepting the notices of objection, compensation will be agreed in accordance with statutory requirements and the council’s own procedures.

An alternative saw the council serving notice on the claimants not to acquire any of the site, but this option was ruled out because the part plots originally the subject of the compulsory purchase order are needed for the new road.

A notice of objection could also have been referred by the council to the Land Tribunal for determination, an option rejected because of its potential for project delay and the possibility of a determination in the claimant’s favour - with the council ordered to cover costs.

The council accepts a “strong" case for the entire site to have been included in the CPO as it occupies a prominent gateway location to the proposed urban village.

But it was the council’s case that, as only a small area of land was required, it was decided not to include the whole of the site in the CPO.

The council and the claimants have been in talks for some time.

Purchase of the entire site was not included in the original project budget so a total compensation cost has been estimated but not quantified as it will depend on future plans for the business.

To minimise any compensation claim, CRW would, the council said, be offered continued occupation – by way of a tenancy at will – on terms to be agreed.

Such a tenancy would allow CRW to stay until it has secured new premises – or the council requires physical possession.

It is, however, anticipated, that anticipated acquisition and compensation costs can be accommodated within the overall project budget.

The council says the purchase does, however, offer a property asset that it can either resell as a stand alone site or incorporate into the urban village.

A sale contract will now be prepared and agreed by the council’s legal services department and the marketing and sale will be “in accordance with the council procedures”.