Decision Maker:

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: September 9, 2024

Purpose:

Content: Salford City Council - Record of Decision   I Councillor Jack Youd, Deputy City Mayor and Lead Member for Finance, Support Services and Regeneration, in exercise of the powers contained within the City Council Constitution do hereby:   1. Note the outcome of the advertising of the intention to appropriate, for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990, land at Tootal Grove, Weaste and Seedley which is held for Education purposes; and   2. Approve the appropriation of the site, shown edged red in the Plan attached at Appendix A to the accompanying report submitted to the Property/Regeneration Briefing on 9th September 2024, for planning purposes to facilitate development for residential purposes, as the site is no longer required to be held for its current purpose.   The Reasons are: The site which is the subject of this report has been awarded government funding under the DLUHC Rough Sleepers Accommodation Programme and planning consent has been approved for the erection of 21 dwellings comprising 13 houses, to be affordable homes, and 8 apartments, to be “Move On” homes for people experiencing homelessness. The site has been held for Education purposes, comprising vacant, landscaped land containing several trees (not subject to TPOs).   As the site is no longer required to be held for its current purpose, and may be impacted by adverse third party rights as set out in the report, and has been open to public access, approval is sought for the appropriation of the land for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990. If the site is held for planning purposes, potential third party rights which may affect the site may be capable of being overridden pursuant to section 203 Housing and Planning Act 2016.   The Council has advertised the intention to appropriate the land for planning purposes and no representations have been received.   Options considered and rejected were: none   Assessment of Risk: Low   The source of funding is: There are no direct financial implications of this appropriation of land, but there is a low risk of compensation claims arising from the potential interference with third party rights while the land is in Council ownership which would be met by the City Council from within its Capital Programme.   Legal Advice obtained: Shared Legal Service In order to appropriate land to a new purpose, pursuant to section 122 of the Local Govt Act 1972, the Council must determine that the land is surplus to requirements in respect of its current purpose.  Where land that is intended to be appropriated is (or may be) open space, as defined in the relevant legislation, the intention to appropriate must be advertised in a newspaper circulating in the area where the land is located, and any representations received must be taken into account.  The compliance with these requirements is set out in the body of the report.   Where land is to be appropriated to planning purposes, with the result that certain rights and easements will be overridden pursuant to section 203 of the Housing and Planning Act 2016, there are further actions that ought to be taken and/or factors that ought to be taken into account.  This report sets out the justification for the appropriation and the overriding of rights and easements, taking into account those further actions and factors, so far as relevant in the circumstances.   Financial Advice obtained: David R Mills, Strategic Finance Manager - 27th August, 2024. Whilst there is a low risk to any claim arising from this appropriation any such claims would have to be accounted for from the capital programme.   Procurement Advice obtained: n/a   HR Advice obtained: n/a   Climate Change Advice obtained: n/a   The following documents have been used to assist the decision process: Report submitted to Property/Regen Briefing 9th September 2024   Contact Officer: Annie Jackson, Development Surveyor                                  Telephone number: 07834805529     -       This decision is not subject to consideration by another Lead Member. -       The appropriate scrutiny to call-in the decision is the Growth and Prosperity Scrutiny Panel                  Signed: Councillor Jack Youd       Deputy City Mayor and Lead Member for Finance, Support Services and Regeneration              Dated: 9th September, 2024     This decision was published on Monday 9th September 2024                                             This decision will come in force at 4.00 p.m. on Monday 16th September 2024 unless it is called-in in accordance with the Decision Making Process Rules.