Purpose

To seek approval pursuant to section 203 of
the Housing and Planning Act 2016, to appropriate the following
sites from the various purposes for which the Council currently
hold them for planning purposes, in order to enable the Council to
take positive steps to bring about new housing development and to
override easements and other third party rights including rights of
light, subject to the payment of compensation:-

Raleigh Gardens,
Elm Nursery,
Farm Road
Canons Place.

Decision

RESOLVED:
 
That Cabinet:
 
1.1 
Approve the appropriation for planning purposes of the
Council’s land at:

 
(a) Farm Road Church, Farm Road, Morden, SM4
6RA
(b) Elm Nursery Car Park, Mitcham CR4 3TA
(c) Raleigh Gardens Car Park, Mitcham, CR4
2JB
 
(shown edged red on the plans at Appendix A)
pursuant to Section 122 of the Local Government Act 1972 and the
subsequent use of the powers under Section 203 of the Housing and
Planning Act 2016.
 
1.2 Note the requirement to appropriate for
planning purposes the Council’s land at Canons Place, Madeira
Road, Mitcham, CR4 4HD (shown edged red on the plans at Appendix A)
pursuant to Section 122 of the Local Government Act 1972 and the
subsequent use of the powers under Section 203 of the Housing and
Planning Act 2016, and to delegate authority to the Executive
Director of Housing and Sustainable Development in consultation
with the Leader of the Council to take the decision following
consideration of all representations made in response to
publication of the notices.
 
1.3 Delegate authority to the Executive
Director of Housing and Sustainable Development:
 
a. To deal with any necessary arrangements to
record the appropriation of the sites for planning purposes.
b. To subsequently exercise the
Council’s powers under Section 203 Housing and Planning Act
2016.
c. To take all reasonable steps to negotiate
and settle compensation claims under Section 204 of the Housing and
Planning Act 2016 and approve and authorise all legal documentation
that may be required to compromise and release third party rights
where this can be achieved on reasonable terms within a reasonable
timescale.
 
1.4 Note that if the recommendations in this
Report are approved, the four sites (by virtue of Section 122 of
the Local Government Act 1972 - appropriation for planning
purposes) will be held in the general fund.