Purpose

This report seeks the agreement of the Mayor in Cabinet to authorise the Corporate Director of Housing & Regeneration to appropriate for planning purposes under section 122 of the Local Government Act 1972 the Council’s property known as St Georges Leisure Centre E1W 3BP (“the Land”), edged and coloured in red on the attached plan (Appendix 1).

Decision

DECISION: To

1. Delegate authority to the Corporate Director of Housing & Regeneration to appropriate the Land for planning purposes in accordance with section 122 Local Government Act 1972 and subsequent use of the Council’s powers under s203-s206 of the Housing & Planning Act 2016 to override rights to light of neighbouring properties that would be infringed by the redevelopment the Land.
2. Delegate authority to the Corporate Director of Housing & Regeneration to agree the settlement of rights of light claims with an affected party, together with any associated fees.
3. Delegate authority to the Director of Governance and Legal Services to agree the terms of and enter into any documentation required to deal with any property matters necessary to progress the development of the Land.
4. Note that the cost of the proposed settlement of rights of light compensation payments and associated fees will be met from the capital budget for the St Georges Leisure Centre scheme.

REASONS FOR DECISION: 

1. The decisions sought in this report are to enable the construction on the Land of two new buildings: (1) a 9-storey residential housing block and (2) a 5- storey leisure building.
2. The construction of the new leisure centre on the Land was agreed by cabinet on 1st August 2022. The report also authorised officers to deliver a housing scheme as part of the programme.
3. The Council has instructed Daylight Planning Ltd to carry out an analysis to identify surrounding properties which may suffer an adverse impact to the level of light currently maintained. They report that there are potentially 16 buildings that may be affected by the development with the individual dwellings therein being affected to varying degrees as detailed in the right to light report.
4. Daylight Planning Ltd have also assessed the level of light infringement to each individual property that is affected and provided details of the potential settlement budget for the release of these rights. Full details of the affected parties, settlement budgets as well as negotiations are set in the exempt appendix. Due to the high risk of an injunction to prevent the scheme being delivered and the associated settlement costs, the Council needs to consider appropriate use of its powers to mitigate these risks.

ALTERNATIVE OPTIONS:

1. Do nothing option: if the Council decides not to appropriate the Land then there is the potential that affected private property owners could bring injunction proceedings which could stop the construction of the project or significantly delay its delivery. As a result, this would put at risk the Council’s approved budget to deliver this scheme and impact the Council’s affordable homes target, whilst jeopardising the 30 affordable homes proposed as part of this approved scheme. In addition, the Land will remain vacant as a disused asset and the Council will continue to incur associated security and maintenance costs.
2. The carrying out of the development is dependent upon adhering to a programme. That programme cannot be met unless those entitled to rights of light agree to infringements or the infringements are authorised by s203.

Action by: Corporate Director of Housing and Regeneration