Purpose

A report seeking approval to appropriate the
land known as Hartopp & Lannoy Land for planning purposes to
facilitate the redevelopment of the land and engage powers under
Section 203 of the Housing and Planning Act 2016.

Decision

That Cabinet:

 

1.     
Resolves that the land edged red in Appendix 1 is no longer
required for the housing purposes for which it is currently held as
the buildings have been demolished for safety reasons following the
Cabinet decision in 2019 and the Development pursuant to the
Permission has commenced after extensive consultation.

2.      Notes the responses to
consultations undertaken by the Council in relation to the proposed
appropriation and Development detailed in Exempt Appendix
3.

3.     
Notes the steps taken by the Council to identify all rights
affected by the proposed appropriation and the reasons specified in
paragraphs 7.46-7.51 (inclusive) of the ‘Detailed
Analysis’ section of this report.

4.      Authorises the application
to the Secretary of State pursuant to section19(2) of the Housing
Act 1985 for consent to the appropriation.

5.      Subject to obtaining
Secretary of State consent to the section19(2) application in 2.4
above   approves the appropriation
of the land edged red, in Appendix 1 (“the Land”), from
housing purposes, in which it is currently held, for planning
purposes, , pursuant to section 122 of the Local Government Act
1972; as it will facilitate the carrying out of the Development of
the Land edged red being a purpose in respect of which land could
have been acquired by agreement pursuant to section 227 and
compulsorily under section 226(1)(a) of the Town and Country
Planning Act 1990 (“TCPA 1990”), subject to the
Secretary of State’s consent being granted pursuant to the
application under section 19 of the Housing Act 1985;

6.      Authorises the accounting
adjustments that need to be made to the Housing and Revenue Account
and the General Fund account to record the appropriation to
planning purposes referred to above.

7.      Approves and authorises
the use of the Council’s powers under section 203 of the
Housing and Planning Act 2016 (“HPA 2016”) following
the appropriation of the Land for planning purposes to override any
easement, covenants, and other rights in respect of the Land edged
red and authorises the taking of all necessary steps required in
relation to any associated claims, settlements relating to
compensation under section 204 of the HPA 2016. 

8.     
 Following the appropriation of the Land
for planning purposes (2.5 above) and the Council engaging section
203 of the Housing and Planning Act 2016 (2.7 above) approves the
appropriation of the Land, within which will be located the new
residential units including the affordable housing, from planning
purposes to housing purposes pursuant to section 232 of the TCPA
1990.

9.      Authorises the accounting
adjustments that need to be made to the Housing and Revenue Account
and the General Fund account to record the appropriation from
planning purposes to housing purposes.

10.   
Approves that Appendices 2 & 3, are
not for publication on the basis that they contain information
relating to the financial or business affairs of any particular
person (including the authority holding that information) as set
out in paragraph 3 of Schedule 12A of the Local Government Act 1972
(as amended).