Cabinet considered the report to enable the voluntary or compulsory acquisition of all necessary third-party land interests to bring forward comprehensive regeneration of the town centre.

The Leader of the Council and Chairman of Cabinet, Business, Economic Development and Property informed Cabinet that the report related to the Nicholson’s Quarter.  He reminded Cabinet that in July 2019 Full Council approved the sale of the Council’s freehold interest in part of the Nicholson’s Walk Shopping Centre and Central House and to enter into an agreement to relocate the Nicholson’s Car Park as part of a new masterplan for the regeneration of the town centre.

This was an important foundation for the new chapter of Maidenheads history and one which could provide the blueprint for post-covid transformation of the town centre.   There would be a sustainable development of mixed uses from residential to a new type of retail.  However large schemes such as this were not always straightforward to deliver and as planning consent had been passed it was time for the delivery phase. The report would allow the voluntary or compulsory acquisition of third party land interests.  Prior to any CPO the council would be entering into an indemnity agreement with the developer who would be responsible for costs and liabilities.  The aim was to reach a negotiated settlement with the third parties rather than using CPO, as this was not always possible this report was required.

It was noted that the report was in Part I to be open and transparent and dispel any misunderstanding and misinformation. 

The Lead Member for Planning, Environmental Services and Maidenhead informed that this development was important for current and future residents of Maidenhead and thus it was important to get it going ahead as soon as possible.  Compared to other town centres across the country we were in a fortunate position to being able to rebuild with the type of buildings and services that are needed in the new world.  This is a backstop position if a negotiated settlements could not be reached. 

The Lead Member for Finance and Ascot informed that he had been a member of the planning panel that had approved the planning application.  He mentioned the high quality of the proposed development and documents provided.  He also agreed that the CPO was there as a last resort.

Mr Hill addressed Cabinet and said that a few weeks ago RBWM approved the permanent loss of more than 50% of its existing retail space in Maidenhead.  The developers have been open that they preferred a model of smaller independent retail over national brands.  Tesco has already left but the report said that 13 retailers did not wish to go and may be forced to leave.  The report says CPO should be a last resort but just a few days after planning consent you are considering this report at Cabinet.  It seems to be full steam ahead over those who wish to stay or get a fair price for their properties.  The report states that demolition should start in a few months so this does not seem to be the last resort.  He mentioned that he felt that the external auditors had not yet signed of the last years accounts in part due to their investigation if selling part of the Nicholson’s site was lawful.   What happens to income loss to business rates when you close 50 stores as well as the loss in car parking income.  Having an empty town centre will result in driving customers to surrounding areas.  There would also be a drop in footfall which would endanger remaining and future retail. 

The Chairman thanked Mr Hill and said that all major developments faced short term challenges as they move from being a vision to reality.  It was also fair to say that retail has been in decline or facing challenges for a number of years and our high streets were changing.  There will be a balance between the online offer and Highstreet shopping.  It was reasonable to say that in the future there would be an excess of retail floor space that would need to be repurposed. He felt that the scheme offered the ideal mix of independent stores that will command more loyalty from shoppers.  There are also other parts of the town centre that offered retail space.  It was important not to delay the scheme so we do not wish to continue negotiations for a couple of parties to delay progress, hence we are proposing having the CPO in place if required.  

The Managing Director informed Cabinet that with regards to timing it was important to note that the negotiations with the retailer had not just started but had been ongoing for the past year, so the CPO proposals are not the starting point.  The Council does not wish to talk down the town centre but we could also not allow vacant units to continue as other stores would continue to leave.  During development there will be an impact on income but this would come back with a regenerated centre.

The Director for Resources (S151 Officer) informed that work was ongoing with the external auditors and the final accounts were due very soon.  The delay was not just because of this project but a couple of areas being reviewed.    She did not expect anything in the audit to impact on tonight’s report.

Resolved unanimously:  that Cabinet notes the report and the attached draft Statement of Reasons and:

i)             Authorises the use of CPO powers to acquire all property interest in the site known as the Nicholson’s Walk Shopping Centre, Nicholson’s Car Park, Siena Court and adjoining areas identified in the plans contained in Appendix C, Maidenhead.

ii)           Approves that council officers continue to negotiate the acquisition by agreement of all third-party interest in the land in advance of confirmation of a CPO.

iii)         Approve the Council entering the CPO Deed of Indemnity with Denhead S.A.R.L. to ensure all liabilities and costs will be the responsibility of the developer.

iv)         Authorises the Managing Director in consultation with the Lead Member for Business, Economic Development and Property to take all necessary steps required for the making, confirmation, and implementation of the CPO.