Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Date of Decision: October 15, 2025

Purpose: To seek formal approval to proceed with the appropriation of land.

Content: 1.     That the appropriation of the parcel of land for Smithgate Phase 1, shown edged red on the plans at Appendix 1 to the report, for planning purposes under section 203 of the Housing and Planning Act 2016 be approved.   2.     That the Chief Operating Officer be authorised to negotiate, execute, seal and complete all necessary and ancillary documents to give effect to this recommendation.   3.     That it be noted, the appropriation of Smithgate Phase 1 is necessary and in the public interest to allow the Phase 1 delivery as the new development would contribute to the economic, social and environmental wellbeing of the area.   4.     That it be noted, appropriation of the site would enable the development to proceed without the risk of an injunction from adjoining landowners.   5.     That it be noted, appropriation would limit the level of compensation payments to the value of the diminution in value of affected properties.   6.     That it be noted, appropriation of the land for planning purposes under s.122 of the Local Government Act 1972 is one of the criteria required to be satisfied in order to engage s.203 of the Housing and Planning Act 2016.   7.     That it be noted, when s203 of the Housing and Planning Act 2016 Act is engaged s204 provides that compensation would be paid on a diminution in value basis. If the interests to be overridden relate to private Rights to Light, damages may also be payable in lieu of an injunction.