Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: May 12, 2025

Purpose: A report seeking approval to appropriate the land known as Hartopp & Lannoy Land for planning purposes to facilitate the redevelopment of the land and engage powers under Section 203 of the Housing and Planning Act 2016.

Content: That Cabinet:   1.      Resolves that the land edged red in Appendix 1 is no longer required for the housing purposes for which it is currently held as the buildings have been demolished for safety reasons following the Cabinet decision in 2019 and the Development pursuant to the Permission has commenced after extensive consultation. 2.      Notes the responses to consultations undertaken by the Council in relation to the proposed appropriation and Development detailed in Exempt Appendix 3. 3.      Notes the steps taken by the Council to identify all rights affected by the proposed appropriation and the reasons specified in paragraphs 7.46-7.51 (inclusive) of the ‘Detailed Analysis’ section of this report. 4.      Authorises the application to the Secretary of State pursuant to section19(2) of the Housing Act 1985 for consent to the appropriation. 5.      Subject to obtaining Secretary of State consent to the section19(2) application in 2.4 above   approves the appropriation of the land edged red, in Appendix 1 (“the Land”), from housing purposes, in which it is currently held, for planning purposes, , pursuant to section 122 of the Local Government Act 1972; as it will facilitate the carrying out of the Development of the Land edged red being a purpose in respect of which land could have been acquired by agreement pursuant to section 227 and compulsorily under section 226(1)(a) of the Town and Country Planning Act 1990 (“TCPA 1990”), subject to the Secretary of State’s consent being granted pursuant to the application under section 19 of the Housing Act 1985; 6.      Authorises the accounting adjustments that need to be made to the Housing and Revenue Account and the General Fund account to record the appropriation to planning purposes referred to above. 7.      Approves and authorises the use of the Council’s powers under section 203 of the Housing and Planning Act 2016 (“HPA 2016”) following the appropriation of the Land for planning purposes to override any easement, covenants, and other rights in respect of the Land edged red and authorises the taking of all necessary steps required in relation to any associated claims, settlements relating to compensation under section 204 of the HPA 2016.  8.       Following the appropriation of the Land for planning purposes (2.5 above) and the Council engaging section 203 of the Housing and Planning Act 2016 (2.7 above) approves the appropriation of the Land, within which will be located the new residential units including the affordable housing, from planning purposes to housing purposes pursuant to section 232 of the TCPA 1990. 9.      Authorises the accounting adjustments that need to be made to the Housing and Revenue Account and the General Fund account to record the appropriation from planning purposes to housing purposes. 10.    Approves that Appendices 2 & 3, are not for publication on the basis that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).