Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: August 18, 2025

Purpose:

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.