Cabinet decides on 20 October whether to compulsorily buy the former Mak's Curry Nest at 364 High Street, empty since 2012. A buyer must cover all costs first.
Medway Council is asking its Cabinet to compulsorily buy the former Mak’s Curry Nest at 364 High Street, Rochester. The building has stood empty since 2012.
Cabinet meets on Tuesday 20 October at 7pm. The officers’ report recommends a compulsory purchase order (CPO), and says the council has been unable to find the owner.
This is the council’s second attempt. Cabinet agreed a CPO on the same building in December 2021, but dropped it when the owner reappeared and carried out the work the council had demanded.
Why the council wants to step in
The report describes a three-storey, early 20th century end-of-terrace building in the Star Hill to Sun Pier Conservation Area. It has a former restaurant and takeaway on the ground floor and a flat on the two floors above.
Officers give these reasons for acting now:
- the building has been empty for more than 14 years, according to council tax records
- its condition has “steadily deteriorated” and is harming the conservation area
- it has drawn complaints from neighbours and the Chatham Intra Community Trust
- it has attracted anti-social behaviour and squatters
- neither the council nor outside debt recovery agents have been able to find the owner
The report puts the outstanding council tax at £52,877.27 as of April 2026. In another section it says the owner owes “over £50,000 in business rates debt”. It does not say whether these are two separate debts.
Two notices, no response
The council has tried the softer route twice before:
| Date | What the council did | What happened |
|---|---|---|
| 1 February 2013 | Served a section 215 notice requiring repairs | No response, no work done |
| 14 December 2021 | Cabinet agreed to make a CPO | Owner reappeared and did the work; CPO dropped |
| 23 July 2025 | Wrote asking for the buddleia and graffiti to be cleared | No work recorded |
| 25 February 2026 | Served a second section 215 notice | Deadline passed on 27 April with no work done |
A section 215 notice is a legal order under the Town and Country Planning Act 1990 that makes an owner tidy up land or a building that harms the area. The July 2025 letter asked for buddleia growing out of all three floors of the front to be removed, and for graffiti and whitewash to be cleaned off the shop windows.
The council will not pay for it
Medway’s money is tight. Its external auditor issued statutory recommendations this month. So the report builds in a safeguard.
The CPO will only go ahead once the council has a contract with a buyer. That buyer must pay at least the full cost of the purchase and the CPO process. The report lists possible buyers:
- a private buyer on the open market
- the Chatham Intra Community Trust
- a housing association
- a property auction
Any sale would come with a promise to repair the building and bring it back into use. Officers say they have already talked to potential purchasers and are “satisfied that a viable agreement can be reached with one”.
What it could cost
A council valuation from October 2021 put the likely total claim at £368,054.78. That figure includes:
- a capital value of £177,525, based on the shop’s rateable value
- £99,000 for the potential to add two flats
- a 10% loss payment to the owner and 10% legal and professional fees
The 2021 valuation is now five years old. The report says a new external valuation is being sought, and the figure used for compensation will be the value on the day the council takes ownership.
The 2021 quote for the specialist legal work was £3,200 plus VAT. The report warns this could rise if anyone objects.
If the owner does come forward later, the money is not lost to them. The council must hold the compensation in an interest-bearing account for six years.
What it means for you
If you live or work on this stretch of High Street, nothing changes yet. Even if Cabinet agrees on Tuesday, the council will not start the CPO until a buyer has signed up.
A CPO also has its own legal process, with notices served and a chance for anyone with an interest in the property to object. The report rates the risk that the order is opposed and not granted as rare, but critical if it happened.
You can watch the meeting live on the council’s YouTube channel. Cabinet’s decision will appear in the meeting record afterwards.
If there is an empty or derelict building near you, you can report it to the council. Our Medway planning applications page explains how to follow what is happening on a site.
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