Purpose

To appropriate for
planning purposes, a parcel of  land at
Whitegate Manor, Whitegate Drive (the “Subject Land”)
as shown edged red on plan 1 (Appendix A) and
subsequently  to invoke  section 203 of the Housing and Planning Act 2016
powers to interfere with any existing rights over the
land.  Such appropriation will
facilitate the delivery of new affordable homes for which planning
permission has been granted by the local planning authority. The
land is currently vacant clear land with no-one living there and
undertaking this appropriation with progress the development of the
Subject Land. If the recommendations in this Report are approved
the Subject Land will (by nature of the appropriation) be held in
the General Fund, rather than held for housing purposes.
 

Decision

 
The Cabinet Member
agreed the recommendations as outlined above namely:

 
1.    
To appropriate for planning purposes pursuant to the
planning permission granted on 20th January 2025 with planning
permission reference number 24/0379 (the Planning Permission) in
respect of the Subject Land under section 122 of the Local
Government Act 1972and subsequently invoke section 203 and section
204 of the Housing and Planning Act 2016 (HPA 2016).

 
2.    
To delegate authority to the Chief Executive to
exercise the Council’s powers under Section 203 of the
Housing and Planning Act 2016.

 
3.    
To delegate authority to the Chief Executive to
negotiate and enter into legal agreements with any presently
unknown third parties in order to deal secure the modification or
release of these rights which may otherwise be an impediment to the
Whitegate Manner development on the Subject Land.

 
4.    
To delegate authority to the Chief Executive that in
the absence of legal agreements being entered into to release the
Rights negotiate and/or approve payment of compensation claims
under section 204 of the Housing and Planning Act 2016 that may
arise by virtue of the operation of the overriding power contained
in Section 203 of the Housing and Planning Act 2016 where this can
be achieved on reasonable terms within a reasonable
timescale.

 
5.    
To delegate authority to Chief Executive to
appropriate  the land from the General
Fund into the Housing Revenue Account upon completion of the
redevelopment.

 
6.    
To authorise the Head of Legal Services to enter
into any such documentation as may be necessary to give effect to
or flowing from the appropriation for planning purposes of the
Subject Land.