Decision

Summary of Decision

The Cabinet Member for Finance and Council Reform, in consultation with the Cabinet Member for Climate Action, Regeneration and Renters and the Cabinet Member for Housing Services, has approved the appropriation of the Council’s land required for the development comprising the former Torridon Carpark site (edged red on the plan attached at Appendix A) for planning purposes pursuant to section 122 of the Local Government Act 1972 and subsequent use of the Council’s powers under section 203 of the Housing and Planning Act 2016.

Reasons for Decision

The former carpark is no longer required for the purpose for which they are held by the Council. The appropriation for planning purposes will subsequently allow the Council to use its powers under section 203 of the Housing and Planning Act 2016 to override any easements (including rights of light) and other rights of the affected neighbouring properties that are infringed upon.   

To progress the scheme and avoid the risk of delays to the programme, a Cabinet Member decision is being sought to appropriate the land required to deliver the development for planning purposes and authorize the use of any necessary powers under section 203 Housing and Planning Act 2016 if required. By exercising its powers, the Council will ensure that its development of the land proceeds in accordance with the planning permission already granted.