Decision

Salford City Council - Record of Decision

I Councillor Jack Youd, Deputy City Mayor, in exercise of the powers contained within the City Council Constitution do hereby:

1. Note the outcome of the advertising of the intention to appropriate, for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990, land at Eccles New Road/Kirkham Street, Weaste and Seedley which is currently held by Environment for recreation purposes, and
2. Approve the appropriation of the site, shown edged red in the Plan attached to this report at Appendix A, for planning purposes to facilitate development for residential purposes, as the site is no longer required to be held for its current purpose.

The Reasons are: The site which is the subject of this report has been awarded government funding under the DLUHC Rough Sleepers Accommodation Programme and planning consent has been approved for the erection of 14 dwellings comprising 6 houses, to be affordable homes, and 8 apartments, to be “Move On” homes for people experiencing homelessness. The site has been held by Environment for recreation purposes, comprising vacant, landscaped land containing several trees (not subject to TPOs).

As the site is no longer required to be held for its current purpose, and may be impacted by adverse third party rights as set out in the report, and has been open to public access, approval is sought for the appropriation of the land for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990. If the site is held for planning purposes, potential third party rights which may affect the site may be capable of being overridden pursuant to section 203 Housing and Planning Act 2016.

The Council has advertised the intention to appropriate the land for planning purposes and no representations have been received.

Options considered and rejected were: not to undertake the appropriation and proceed with the arising project.

Assessment of Risk: Low

The source of funding is:

There are no direct financial implications of this appropriation of land, but there is a low risk of compensation claims arising from the potential interference with third party rights while the land is in Council ownership which would be met by the City Council from within its Capital Programme.

Legal Advice obtained: Shared Legal Service

Financial Advice obtained: n/a

Procurement Advice obtained: n/a

HR Advice obtained: n/a

Climate Change Advice obtained: n/a

The following documents have been used to assist the decision process:

Public  briefing report submitted to Property/Regen Briefing on 12 August 2024

Contact Officer:  Annie Jackson

Development Surveyor, Property Services                                

annie.jackson@salford.gov.uk

-       This decision is not subject to consideration by another Lead Member.

-       The appropriate scrutiny to call-in the decision is the Growth and Prosperity Panel          

Signed: Councillor Jack Youd

Deputy City Mayor and Lead Member fro0 Finance, Support Services and Regeneration

Dated: 12th August 2024

This decision was published on Monday, 12th August 2024                                            

This decision will come in force at 4.00 p.m. on Monday, 19th August 2024 unless it is called-in in accordance with the Decision Making Process Rules.