Version 3 11/09/2015

THE CITY OF LINCOLN COUNCIL(TRANSPORT HUB LINCOLN STATION)COMPULSORY PURCHASE ORDER 2015

THE TOWN AND COUNTRY PLANNING ACT 1990,S13 MISCELLANEOUS PROVISIONS ACT 1976AND THE ACQUISITION OF LAND ACT 1981

STATEMENT OF REASONSOF

THE CITY OF LINCOLN COUNCIL

SEPTEMBER 2015

Prepared on behalf ofthe City of LincolnCouncil by

Browne Jacobson LLPMowbray HouseCastle Meadow RoadNottinghamNG2 1BJ

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SectionNo

CONTENTS Page No

1 Introduction 3

2 Location and description of the Order Land including theinterests to be acquired.

3

3 The Lincoln City Transport Hub Scheme 5

4 Planning Status of the Order Land 8

5 Justification for Compulsory Purchase 10

6 Related Orders and other Statutory Provisions. 12

7 Statutory Undertakers 12

8 Special Considerations Affecting the Order Land 13

9 Human Rights Act 14

10 Conclusion 14

11 List of Documents 15

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1 INTRODUCTION

1.1 The City of Lincoln Council ("CLC" or “The City Council”) has made the Cityof Lincoln Council (Transport Hub Lincoln Station) Compulsory PurchaseOrder 2015 (“Order”) pursuant to section 226(1) (a) of the Town & CountryPlanning Act 1990 ("Planning Act") and section 13 of the Local Government(Miscellaneous Provisions) Act (“Miscellaneous Provisions Act”) and it isabout to submit it to the Secretary of State for confirmation.

1.2 The Order has been made for two main purposes as follows:-

a) to acquire land within the existing highways which are required tobe stopped up and redeveloped as part of the scheme

b) to acquire temporary rights of occupation in relation to the OxfordStreet car park allowing it to be used for a temporary road diversionand subsequently mitigating car parking for the duration ofconstruction works.

1.3 The lands in the Order comprise parts of Oxford Street, St Mary’s Street andNorman Street as well as the Oxford Street Car Park ("Order Lands") andare required in order to facilitate the development described in section 4 ofthis Statement of Reasons ("Lincoln Transport Hub Scheme" or “TheScheme”).

2 LOCATION AND DESCRIPTION OF THE ORDER LAND INCLUDING THEINTERESTS TO BE ACQUIRED.

2.1 The Order Lands are located in the eastern part of Lincoln City Centre inclose proximity to Lincoln Station and Lincoln Bus Station and comprises anumber of different plots of land. The land identified in the Ordercomprises 0.62 hectares (1.53 acres) in 11 separate plots.

2.2 There are three different types of land within the Order.

a) The lands which currently form part of the adopted highwaynetwork. These include the following plots:-

(i) Plot 1 comprises the southern half of land withinOxford Street and St Mary’s Street adjoining theexisting staff car park and extends to 803 squaremetres.

(ii) Plot 2 comprises the northern half of land withinOxford Street south of the Oxford Street Car Park andextends to 454 square metres.

(iii) Plot 3 comprises the eastern part of the connectorbetween Oxford Street and Norman Street adjoiningthe Oxford Street Car Park and extends to 315 squaremetres.

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(iv) Plot 4 comprises the western half of the connectorbetween Oxford Street and Norman Street and thesouthern half of Norman Street adjoining the OxfordHall car park and extends to 514 square metres.

(v) Plot 5 comprises the northern half of Norman Streetsouth of the Lincoln Bus Station and extends to 775square metres.

(vi) Plot 6 comprises the central part of the NormanStreet/George Street connector and extends to 883square metres.

(vii) Plot 7 comprises the south western part of the OxfordStreet Car Park within title LL325819 inside thealignment of the proposed new road and extends to243 square metres

(viii) Plot 8 comprises that south western part of the OxfordStreet Car Park within title LL333729 inside thealignment of the proposed new road and extends to10 square metres.

(ix) Plot 9 comprises in a half width of Norman Street,south of 2 and 3 Norman Street Lincoln and extends to53 square metres.

(x) Plot 10 comprises a half width of Norman Street south18 to 20 Sincil Street Lincoln and extends to 58 squaremetres.

b) The land required for temporary access and then car parking for theduration of the construction project

(i) Plot 11 comprises the eastern part of the OxfordStreet Car Park Lincoln and within parts of the titlesLL325819, LL333729 and LL 79219 and extends to Xsquare metres.

2.3 The wider area contains a variety of buildings and land in a multitude ofuses. Lincoln Railway Station (part of which is a Grade II Listed Building)and the railway lines form one of the main features of the overall scheme.The proposal is to demolish two footbridges, one which is an existing publicright of way and the other a passenger platform bridge inside the station,and replace them with a dual function footbridge providing pedestrianaccess over the railway from Tentercroft Street to the station forecourt andpedestrian access down onto the station platform.To the north of the actualstation area large areas of land have been given over to surface car parking.These include the station staff car park, onto which the new bus station willbe relocated, the Oxford Street Car Park, which will be retained and theOxford Hall Car Park which will be redeveloped as part of the scheme.

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2.4 To the north and east of this area is the bus station with its roof top carpark (the Thornbridge car park). The current bus station is not fit forpurpose and will require significant financial outlay in the immediate futureto ensure health and safety concerns continue to be met.

2.5 The area lies to the east and south east of Sincil Street, which is asecondary shopping street in Lincoln that would benefit from improvedfootfall. To the east is the Pelham Bridge, a major road bridge within theCity Centre which crosses both the railways and the Sincil Drain in veryclose proximity.

2.6 The land within the adopted highways is to be acquired in order that thereis no obstruction to the redevelopment of this land once the highway hasbeen stopped up. That redevelopment is an essential part of the scheme.

2.7 The rights within the Order are required in order to facilitate the smoothoperation of the construction project. Without these rights and themitigation measures they deliver, the construction project would take muchlonger to complete and be much more costly.

3 THE LINCOLN CITY TRANSPORT HUB SCHEME.

a) Introduction

3.1 The Lincoln City Transport Hub is the key physical regeneration project ofthe partnership between the City of Lincoln y Council, Lincolnshire CountyCouncil, Lincolnshire Co-operative Society Ltd, East Midlands Trains,Network Raid, the Greater Lincolnshire Local Enterprise Partnership and theDepartment for Transport.

3.2 The scheme comprises:

a) A ‘transport hub’ comprising of a modern bus station next to Lincolnrailway station and a refurbished station forecourt providing betterpassenger access.

b) New dual-purpose footbridge – high enough to allow for electrifiedlines – to replace existing footbridge between station platforms andlinking the north and south of the railway. This, along with improvedstation facilities, would prepare the station to cope with increasedpassengers and more train services, and would better integratedeprived neighbourhoods in the south of the city centre.

c) New multi-storey car park providing approximately 964 spaces on thesite of the current Thornbridge car park. This central parkinglocation would support the transport interchange, as well as theWaterside Centre and the city centre which are nearby. The car parkwould also feature pay on exit facilities that provide change. TheTentercroft Street car park to be provided by Network Rail or itsfranchisees will also be pay on exit but the remaining Council ownedcar park in the same area will remain as pay and display.

d) The Hub would deliver a modern, clean and welcoming fit-for-purpose bus station that creates a safe environment for bus travel.

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The current bus station is used by 7 million passengers each year.The proposed vastly improved facility would enable growth inpassenger numbers with the intention of enabling operators to runmore services.

e) Improved public realm and highway works incorporating cycle lanesand traffic calming measures

b) History of the Scheme

3.3 The scheme can first be identified in the 1998 Lincoln City Local Plan wherethe City Council sought to encourage greater use of public transport by:-

improving bus station facilities and promoting the development of abus/rail interchange in the vicinity of the Central Railway Station;1

3.4 The initial proposal was to secure delivery of the interchange through retaildevelopment brought about through partnership arrangements betweenLincoln City Council and the Lincolnshire Co-op. Both parties recognisedthat if what is referred to as the Lindongate shopping scheme was to bedelivered, an aspiration both parties, there would need to be arationalisation of land holdings in the area. In particular as the City Counciland the Co-op were the two major landowners in the Lindongate Area, thedivision of ownership had the potential to hold up redevelopment proposals.In 2004 the Executive of Lincoln City Council resolved to seek to reachterms with the Co-op which would enable the rationalisation to proceed andLincoln City’s freehold interests be transferred to the Coop.

3.5 In 2006 the Executive of the City Council, in response to requests from theCo-op to the City Council to bring its compulsory purchase powers into play,resolved to appropriate all of its lands within the Lindongate Area. It alsoaccepted that it might be necessary to use compulsory purchase powers atsome later stage to help delivery of the project.

3.6 The Lindongate proposals were given a further impetus through the LincolnCity Masterplan Process in which the Lindongate area was identified as amajor area of intervention. This was a design led process and wasparticularly focussed on addressing pedestrian connectivity as a means ofdelivering regeneration. The first version of the masterplan was published in2007, and the identification of the Lindongate Area for intervention hasremained through the various iterations of the plan.

3.7 At the same time Lincoln City and Lincolnshire County Council were workingon a Transport Strategy for the City. The 2008 Strategy referred to theendorsement of the Public Transport Interchange as part of a process ofproviding clear and high quality pedestrian links between the railwaystation/bus station and the key city centre areas.

3.8 The transfer of lands between the City Council and the Co-op finally tookplace on 12th April 2011.

3.9 In 2012 the first detailed design work was commenced. It was this workwhich, as it evolved, identified that the highway network in the area would

1 Bullet 2 of para 3.17 City of Lincoln Local Plan Adopted August 1998.

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need to change if the bus station was to be accommodated on the StationCar Park Site (a combined staff and public facility).

3.10 Subsequently the 4th Lincolnshire Local Transport Plan published in 2013identified the Public Transport Interchange as part of the programme oftransport improvements looking forward to 2026. In the subsequentprogress report on the Lincoln Area Transport Strategy the Interchange wasidentified as a short term scheme for the delivery in the period 2008 to2016. However in the report it was said that it was being deliveredprivately.

3.11 By this time it had become clear that the scheme for which the Co-op hadsought planning permission was deemed not to be financially viable fullyfunded by private finance and could no longer be progressed. The invitationto Local Enterprise Partnerships to bid for funds from the Single LocalGrowth Fund in 2014 provided the initial catalyst to provide some publicfunding for the scheme. Subsequently Lincolnshire Enterprise secured £11Mof funding through the Growth Deal Allocation provided by the Governmentthrough the Single Local Growth Fund. In turn to match the LEPcommitment, the City Council subsequently committed capital fundingtowards the replacement Thornbridge car park (for which £14.6M of fundingwill be provided) and took over the lead for delivery of the projectalongside its various partners.

3.12 The scheme has now progressed to full detailed design and has beensubmitted for planning approval. Discussion of the planning status is set outbelow.

c) Current Partnership Position

3.13 Delivery of the scheme is now based upon a 6 way partnership between

a) Lincoln City Council, who are the schemes main sponsor,

b) the Lincolnshire Cooperative Society who will deliver buildingsreferred to as Block A and Block B as well as making land availablefor the temporary and permanent highways and the replacementThornbridge Multi Storey Car Park.

c) Network Rail, who will carry out their own rail improvements withinthe general framework of the scheme and provide land for the busstation,

d) Lincolnshire County Council who are providing some funding for thescheme and making land available for temporary car parkingprovision.

e) Lincolnshire Enterprise, who will be the conduit of public fundingfrom Central Government, through to the City of Lincoln Council..

f) Department of Transport who are responsible for overall projectapproval through the release of central government funding toLincolnshire Enterprise

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3.14 These general arrangements will be cemented through formal agreementsbetween the parties for land transfer, funding, asset protection and othernecessary agreements.

3.15 In addition Lincoln City Council will work in partnership with the varioususers of the existing bus station to ensure that that the new bus stationmeets user requirements.

e) Funding the scheme.

3.16 The current cost of the scheme is estimated to be £30m. At present £30Mof funding is conditionally committed to the scheme from the followingsources:-

a) A fixed sum of £11m is being sought from the Department forTransport (DfT) Local Growth Fund

b) £2m funding from Single Local Growth Fund contributions held bythe Greater Lincolnshire LEP is to be allocated, providing DfTfunding is forthcoming.

c) An allocation of £900k of National Station Improvement Programme(NSIP) funding via Network Rail has been agreed in principle

d) £1.5m of funding has been bid for and is currently being assessed bythe Department for Transport and Network Rail under the StationCommercial Project Facility fund and a decision is expected inAutumn 2015.

e) The remaining balance of £14.6m will be provided by the City ofLincoln Council under its capital programme funding.

4 PLANNING STATUS OF THE ORDER LAND

a) Development Plan

4.1 The scheme is identified in the Lincoln Local Plan adopted in 1998 withinthe supporting text. However it is not expressly identified in policy.Furthermore only the policies saved in 2007 are now effective from theplan.

4.2 The City Centre Masterplan, as identified above, is a design led process andis not identified anywhere as part of the statutory planning framework.

b) Planning History

4.3 Whilst there have been previous applications to facilitate the LindongateScheme, the current application is that which is relevant to the proposedCompulsory Purchase Order.

c) Current Planning Application

4.4 This application (reference 2015/0498/F) was submitted on behalf ofLincoln City Council by its agents Globe Consultants Ltd on 6th June 2015.This is a full application covering all elements of the scheme.

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4.5 The scheme has been subject to Environmental Impact Assessment and isaccompanied by an Environmental Statement.

4.6 At the time of the making of this order the planning application for thescheme was programmed to be considered by the City of Lincoln CouncilPlanning Committee on 21st October 2015.

d) Other Planning and related Documentation

4.7 There are three other related documents.

a) The City Centre Masterplan provides an overall design framework forthe development of the Lindongate Scheme. The detail of thescheme deviates from the Masterplan proposals because of the needto re-orientate the road network as part of the scheme.

b) The Local Planning Authorities of the City of Lincoln Council, NorthKesteven District Council and West Lindsey District Council havecombined to produce a joint local plan for Central Lincolnshire. Afirst draft for public consultation was published in October 2014 anda second draft is in the course of preparation. However theemerging plan does not contain anything but the broadest mentionof support for the enhancement of existing or proposed transportinterchanges.

c) The National Planning Policy Framework sets out the guidingprinciples for both plan making and decision taking. In the absenceof an up to date development plan NPPF is to be relied upon toprovide the necessary guidance.

f) Planning Policy Summary

4.8 Section 38(6) of the Planning and Compulsory Purchase Act 2004 states thatif regard is to be had to the development plan for the purpose of anydetermination to be made under the planning Acts the determination mustbe made in accordance with the plan unless material considerationsindicate otherwise.

4.9 Now that there is an operative planning permission for the Scheme, theDevelopment Plan Policy as expressed in the Lincoln Local Plan is of lessconsequence in relation to the confirmation of the Order. Even so therecontinue to be five major points to be made in support of the scheme.These are as follows:-

a) It is a public transport scheme and therefore finds support fromPolicy 6 of the Local Plan.

b) It is within regeneration scheme a central mixed use area andtherefore benefits from support of the urban regeneration policy,Policy 18 of the Local Plan.

c) It is to deliver a mixed use development. Government policy asexpressed NPPF is to support mixed use development.

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d) It is development of previously developed land located in a highlysustainable location and therefore is very much in accord with themain objective of NPPF.

e) There is a significant commitment to high quality design in deliveringthe scheme. This again is in accord with NPPF.

5 JUSTIFICATION FOR COMPULSORY PURCHASE

5.1 The Council has powers under section 226 of the Town and Country PlanningAct 1990 to acquire land compulsorily. These powers may be used to acquirecompulsorily land if it thinks that the acquisition will facilitate the carryingout of development, redevelopment or improvement on or in relation to theland provided that it thinks that the development, redevelopment orimprovement is likely to contribute to the achievement of any one or moreof the following objects:

a) the promotion or improvement of the economic well-being of theirarea;

b) the promotion or improvement of the social well-being of their area;

c) the promotion or improvement of the environmental well-being oftheir area.

5.2 The Council believes that the Transport Hub meets all three of theseobjects, as set out in the following paragraphs.

5.3 In terms of the economic well-being of the area the Scheme will deliverpremises for employment. More importantly it will provide an appropriateentrance into Lincoln for those using both trains and buses and help changethe immediate first image that travellers have of Lincoln to the widerbenefit of those who are seeking to market Lincoln and the businesseswithin it.

5.4 In terms of social well-being, the Scheme has been prepared to betterpedestrian linkage for the local residents living in the south east of LincolnCity Centre into the City Centre. Users of this crossing when emerging fromthe station will find the pedestrian experience into the main shoppingstreets much improved.

5.5 In terms of environmental well-being of the area the scheme will make asignificant improvement to the appearance of what is a run part of Lincolnwith a lot of secondary uses (such as open car parking).

5.6 The benefits of the scheme have already been discussed in the planningsection. In summary these are :-

a) It is a public transport scheme which is supported by extant localplan policy.

b) It is a regeneration scheme within a mixed use area designated forsuch uses.

c) It is a mixed use scheme supported by local and government policy

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d) It is development of previously developed land in a highlysustainable location

e) It is a scheme which has a high design input.

5.7 The Council has spent considerable time in bringing together a partnershipand achieving the funding for the scheme. However it is now clear that inorder to maximise delivery of funding that there cannot be any concernsabout land ownership or rights to carry out construction within the scheme.

5.8 Whilst the Council still hope to achieve any rights by agreement, it is simplynot possible to act with certainty in relation to past ownership of theproposed stopped up roads identified in the Order. Whilst a certain amountof research has taken place concerning the past network of roads there isno evidence to prove conclusively that in the reorientation of the streetsthat has taken place in the past that all interests were properly acquired.

5.9 This is important in two particular regards. Firstly the Council is buildingpart of the bus station on what is currently Oxford Street. It is clear thatthe pattern of ownership either side of Oxford Street was very differentover 100 years ago from what it is today. There is no certainty thatconveyancing has not omitted land within the highway.

5.10 Secondly there is also a similar picture south of Norman Street where mainchanges have taken place. If the Lincoln Co-op, which is to build this partof the scheme, is to have the confidence of its funders it will need to beable to deliver clear title for these areas. Only the City of Lincoln Council’sintervention through the use of compulsory purchase powers can guaranteethat delivery.

5.11 The need to deliver works in a timely fashion is even more important intoday’s climate with a limited public purse. It is for this reason that thevarious construction rights are being sought, in order not to hold updevelopment. The Council will, as stated above, do its best to seekagreement to all the rights required and will try to ensure that theinterference is minimised. However using these powers at least entitlesowners to claim compensation in relation to any interference and provides astrong framework for settling any disputes.

5.12 The Council has therefore made the Order to ensure that the significantbenefits of the Transport Hub will be brought forward within a reasonabletimescale. The use of compulsory purchase powers is considered to benecessary and justifiable in the public interest.

5.13 Prior to the availability of compulsory purchase powers, discussions willcontinue with the owners of the relevant interests who are willing to selltheir interest or grant rights by agreement. This approach of making theOrder and, in parallel, conducting negotiations to acquire land byagreement is in accordance with the guidance given in paragraph 24 ofODPM Circular 06/04.

5.14 The Council has given careful consideration to the need to include theparcels of land shown on the Order map. The Council is satisfied that theOrder is necessary and in the public interest and that the Order Land and

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the Order Rights are required to facilitate the development of the TransportHub

5.15 The Council is satisfied that there are no planning or financial impedimentsto the scheme proceeding and that the scheme is therefore likely toproceed if the Order is confirmed.

6 RELATED ORDERS AND STATUTORY PROVISIONS

6.1 The Council anticipates an application will be made to the Secretary ofState under section 249 of the Planning Act for an order to extinguishvehicular rights over parts of Oxford Street, Norman Street and theintervening connecting roads. The City of Lincoln Council will liaise withLincolnshire County Council as highway authority about the final form of therelevant orders before submitting them to the Secretary of State forTransport.

6.2 The Council will also need to act in conjunction with Lincolnshire CountyCouncil if the rights to stop up Private Means of Access under S125 HighwaysAct 1980 are required. One such approach would be for the County Councildelegate its rights to enable the City Council to stop up private means ofaccess.

6.3 The Council has, as already stated, used its powers of appropriation underS122 Local Government Act 1972 in relation to all the land it held at thetime of that resolution in 2006.

6.4 The Council believes that the highway alterations arising from Scheme willbe beneficial, reducing conflict between vehicular traffic and pedestriansand therfore resulting in an improved environment for city centre users.

7 STATUTORY UNDERTAKERS.

7.1 Network Rail qualifies for Statutory Undertaker Status under the terms of S8Acquisition of Land Act 1981.

7.2 The Council assumes that Network Rail has held the land to date for existingor future operational purposes.

7.3 However Network Rail has, as part of the partnership arrangements, agreedto the taking over the Tentercroft Street Car Park currently owned by theCity of Lincoln Council. Temporary arrangements will also be put into placeso as to minimise the impact on the operational capacity of Network Rail.

7.4 Other statutory undertakers may have media within the roads to be stoppedup. These include:-

a) National Grid Gas

b) Western Power Distribution

c) British Telecom/Openreach

d) Virgin Media

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e) Anglia Water

7.5 Therefore for the purposes of Part III of the Acquisition of Land Act 1981 theCity of Lincoln Council will either require the Statutory Undertakers not toobject to the Order or for the Secretary of State for Transport to issue acertificate under Section 16 of that Act.

8 SPECIAL CONSIDERATIONS AFFECTING THE ORDER LAND

Listed Buildings

8.1 Lincoln Railway Station is listed as a Grade II Listed Building. The Notice ofListing states:-

Railway station with attached footbridge, platform building, yard walls andrailing. 1848, with later C19 and C20 alterations. Possibly by Joseph Cubittor JH Taylor of London for the Great Northern Railway Co. Yellow brick,with stone dressings and slate roofs, with 6 ridge and 8 side wall stacks.Tudor revival style.

EXTERIOR: chamfered plinth and quoins, shouldered coped gables, copedparapet to north front. Window are mainly casements with stone mullionsand transoms and hood moulds. Main block, 2 storeys, 6 bays, has a towerto east, 3 stages, and a single storey range to west. North front has a 4 baycentre with 2 Tudor arched doorways flanked by single windows, allbeneath a hipped glazed canopy, 4 bays. Above, 4 windows. On either side,a gabled wing, that to left with a C20 doorway, and above, a canted orielwindow. That to right has a 4-light window, and a 3-light window above.South side, towards the platform, has a full width valanced canopy, C20.Regular fenestration and square headed doors. Above, 8 glazing bar sashes.Tower has 2 buttresses to east, chamfered string course, andprojectingcrenellated parapet with square corner turrets. Steep pitched pyramidalroof with a raking louvred dormer on each side. South and east sides havefour-centred arched openings, that to south blocked. Above, a crosscasement to south. Above again, a single lancet on 3 sides, and 2 to south.Single storey range, to west, has a hipped louvred roof ventilator. Northside has an off-centre segmental pointed carriage opening with gates,flanked by 3-light windows. To the right, a double gabled range with 2plain sashes in each gable. Single arched lattice girder footbridge,wrought-iron, has stairs at each end. Southern platform building has avalanced canopy. Outside, to west, a cast-iron railing on a yellow brick andashlar plinth, approx. 45m long. To north-east, a yard wall with slab copingand 3 gateways with square piers, approx. 35m long. To east, a curved wallwith concrete coping, running eastwards along St Mary's Road approx.100m, ending in a flight of steps flanked by similar walls and copings.

8.2 In the Protected Assets Certificate a nil return has been made. The listedstructure is outside of the Order Land and no works will take place to thisbuilding as a consequence of the road closures. Of course there are impactsarising from the Scheme on the building but these have been addressed inthe planning permission and listed building consent granted for the scheme.It is not considered that the works within the curtilage of the station have amaterial effect upon the Station as a listed building.

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9 HUMAN RIGHTS ACT

9.1 The Human Rights Act 1998 incorporated into domestic law the EuropeanConvention on Human Rights ("Convention"). The Convention includesprovision in the form of articles, the aim of which is to protect the rights ofthe individual.

9.2 Section 6 of the Human Rights Act prohibits public authorities from acting ina way which is incompatible with the Convention. Various Convention rightsmay be engaged in the process of making and considering a compulsorypurchase order, notably the following articles:

a) Article 1 of the First Protocol protects the right of everyone to thepeaceful enjoyment of possessions. No one can be deprived ofpossessions except in the public interest and subject to theconditions provided for by law and by the general principles ofinternational law.

b) Article 8 protects private and family life, home and correspondence.No public authority can interfere with these interests except if it isin accordance with the law and is necessary in a democratic societyin the interest of national security, public safety or the economicwell-being of the country, for the prevention of disorder or crime,for the protection of health or morals, or for the protection of therights and freedoms of others.

9.3 The European Court of Human Rights has recognised in the context ofArticle 1 that regard must be had to the fair balance which has to be struckbetween the competing interests of the individual and of the community asa whole. Similarly any interference with Article 8 rights must be necessaryfor the reasons set out. In this case, any interference with Convention rightsis considered to be justified in the public interest in order to secure theregeneration of the Order Land.

9.4 Extensive consultation has been undertaken during the formulation of theScheme proposals and further opportunities will exist during the making ofthe planning applications, with the opportunity being given for interestedparties to make representations regarding the proposals. Furtherrepresentations can be made in the context of any public inquiry which theSecretary of State decides to hold in connection with the Order No 2. Thosedirectly affected by the Order No 2 will be entitled to statutorycompensation.

10 CONCLUSION

10.1 For the reasons summarised in this statement, the Council considers theOrder to be within the necessary statutory powers and that a compellingcase exists in the public interest for the making and confirmation of theOrder.

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11 LIST OF DOCUMENTS

11.1 This Council relies on the following documents in support of its case forconfirmation of the Order.

[To be completed]

City of Lincoln Council

September 2015