Purpose

Cabinet is recommended to:
 

·        
Agree the approach to Bellway Homes negotiating third party rights
before using powers to address them under Section 203 of the
Housing and Planning Act 2016.

·        
Subject to implementing the approach for negotiating third party
rights, agree to appropriate the land at Avenue Road for planning
purposes under Section 122 of the Local Government Act 1972.

·        
Authorise the Commercial Director of Property and Delivery in
consultation with the Director of Governance and Law to use
statutory powers under Section 203 of the Housing and Planning Act
2016 to address third party rights to the land within the red line
boundary.

·        
Authorise the Commercial Director of Property and Delivery and the
Director of Governance and Law to deal with all necessary legal
arrangements to effect the appropriation
and disposal of land as set out in this report.
 

Content

Cabinet:

(1)           
authorised the Commercial Director of Property and Delivery in
consultation with the Director of Governance and Law to appropriate
the land edged red on the plan attached at Appendix A (“the
Land”) for planning purposes under Section 122 of the Local
Government Act 1972 and Section 227 Town and Country Planning Act
1990;

(2)           
noted that the appropriation of the Land will trigger the
protection of Section 203 of the Housing and Planning Act 2016
which is subject to:

                    
(a)        
planning permission for the proposed development of the Land being
granted;

 

                    
(b)        
consent to the appropriation from the Secretary of State in
accordance with Section 19 of the Housing Act 1985;
 

                    
(c)        
the appropriation of open land being advertised in accordance with
the requirements of Section 122(2A) of the Local Government Act
1972 and due consideration being given to any representations that
are made in respect of the proposed appropriation of the open space
land that is situated within the Land; and
 

                    
(d)        
no material matters arising in the engagement process which
substantially alter the Council’s factual case so that the
Council considers that the criteria for appropriation are no longer
met;

(3)           
authorised the Commercial Director of Property and Delivery in
consultation with the Director of Governance and Law to take all
necessary steps and deal with all necessary legal arrangements,
including (but not limited to) entering into an indemnity agreement
with Sixty Bricks Limited, making compensation payments in line
with the statutory framework, responding to any claims and dealing
with any disputes; and

(4)           
noted that, Sixty Bricks Limited will be responsible for
negotiating and settling any compensation associated with Rights to
Light.

 

OPTIONS & ALTERNATIVES CONSIDERED

The alternative to appropriating the land for planning purposes
would be to seek to identify and release all rights and remove all
restrictions by private agreement prior to commencement of the
development works.

This approach would lead to a delay in the delivery of the proposed
development as it is unlikely that agreement would be reached with
all parties within a reasonable timeframe, and in line with the
scheme’s programme. It is also possible that there will be
greater financial exposure to the Council as impacted parties may
seek ransom payments on threat of injunction, and may, due to their
lack of agreement with the proposed development, refuse to engage
with Sixty Bricks or demand unreasonable levels of compensation.
This could result in significant uncertainty regarding the delivery
of the scheme by either causing delay or it not proceeding due to
the risk of additional costs.