Content

11.1

The Senior Land and
Property Surveyor introduced the report which sought approval
pursuant to Section 122 of the Local Government 1972 to appropriate
for planning purposes the Council’s land interests within the
proposed development site for the Stocksbridge 519 Library and
Community Hub building.

 

 

11.2

RESOLVED
UNANIMOUSLY: That Finance and Performance Policy
Committee:-
 
(a) 
That pursuant to Section 122 of the Local Government Act 1972 all
those parts of the Stocksbridge 519 Library and Community Hub
development site currently owned by the Council (as shown on as
Appendix A) are appropriated for planning
purposes.

 

 

11.3

Reasons for
Decision

 

 

11.3.1

If the Council cannot show that it has
appropriated all the land within the proposed site for the
Stocksbridge 519 Library and Community Hub development for planning
purposes, and then use its powers under Section 203 there is a risk
that it may not be able to proceed with the proposed
development.

 

 

11.3.2

This risk can be mitigated by
appropriating all of the land within development site for planning
purposes as set out in the report.

 

 

11.4

Alternatives
Considered and Rejected

 

 

11.4.1

Alternative Option 1: The Council
can do nothing. However if it does nothing then as set out above in
this report there is a risk that the Stocksbridge 519 Library and
Community Hub development could be delayed or may even be prevented
from taking place due to an adjacent land owner, with a property
right, applying for an injunction to prevent the development taking
place.
 
The more probable risk is that the
Council would have to pay higher levels of compensation to the
adjacent landowners.
 
The levels of compensation payable
with or without an appropriation are set out in Appendix B to this
report.