Content

Salford City Council - Record of Decision
 
I
Councillor Jack Youd, Deputy City Mayor and Lead Member for
Finance, Support Services and Regeneration, 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
Tootal Grove, Weaste and Seedley
which is held for Education purposes;
and
 
2. Approve the
appropriation of the site, shown edged red in the Plan attached at
Appendix A to the accompanying report submitted to the
Property/Regeneration Briefing on 9th September 2024,
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 21 dwellings comprising 13 houses, to be affordable
homes, and 8 apartments, to be “Move On” homes for
people experiencing homelessness. The site has been held for
Education 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: none
 
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
In order to appropriate land to a new purpose,
pursuant to section 122 of the Local Govt Act 1972, the Council
must determine that the land is surplus to requirements in respect
of its current purpose.  Where land that is intended to be
appropriated is (or may be) open space, as defined in the relevant
legislation, the intention to appropriate must be advertised in a
newspaper circulating in the area where the land is located, and
any representations received must be taken into account.  The
compliance with these requirements is set out in the body of the
report.
 
Where land is to be appropriated to planning
purposes, with the result that certain rights and easements will be
overridden pursuant to section 203 of the Housing and Planning Act
2016, there are further actions that ought to be taken and/or
factors that ought to be taken into account.  This report sets
out the justification for the appropriation and the overriding of
rights and easements, taking into account those further actions and
factors, so far as relevant in the circumstances.
 
Financial Advice obtained:
David R Mills, Strategic Finance Manager -
27th August, 2024.
Whilst there is a low risk to any claim
arising from this appropriation any such claims would have to be
accounted for from the capital programme.
 
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:
Report submitted to Property/Regen Briefing
9th September 2024
 
Contact Officer: Annie Jackson, Development Surveyor                                 
Telephone number: 07834805529
 
 
-      
This decision is not subject to consideration by another Lead
Member.
-      
The appropriate scrutiny to call-in the decision is the Growth and
Prosperity Scrutiny Panel           
 
 
 
Signed: Councillor Jack Youd      
Deputy City Mayor and Lead Member for
Finance, Support Services and Regeneration             
Dated: 9th September, 2024
 
 
This decision was published on Monday 9th September 2024                                            
This decision will come in force at 4.00 p.m. on Monday
16th September 2024
unless it is called-in in accordance with the Decision Making
Process Rules.