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Decision details

BfL Appropriation for Planning purposes

Decision Maker: Mayor and Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Decision:

It was MOVED, SECONDED and RESOLVED that Mayor & Cabinet:

 

a)    Notes that officers published open space notices in respect of the proposed appropriation of the Council owned open space land at Drakes Court and Valentines Court as shown on the attached plans at Appendix A and Appendix B;

b)    Notes that no responses were received in relation to the notices as set out in Section 7;

c)    Agrees to the appropriation of the Council owned land at Drakes Court, as outlined in red on the plan attached at Appendix A, from housing purposes to planning purposes under Section 122 of the Local Government Act 1972 as it is no longer required for the purpose for which it is currently held, and the Council believes that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land pursuant to section 226(1)(a) of the Town and Country Planning Act 1990;

d)    Agrees to the appropriation of the Council owned land on the Valentine Court estate, as outlined in red on the plan attached at Appendix B, from housing purposes to planning purposes under Section 122 of the Local Government Act 1972 as it is no longer required for the purpose for which it is currently held, and the Council believes that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land pursuant to section 226(1)(a) of the Town and Country Planning Act 1990);

e)    Agrees to the appropriation of the Council owned land at Drakes Court, as outlined in red on the plan attached at Appendix A, from planning purposes back to housing purposes under Section 122 of the Local Government Act 1972;

f)     Agrees to the appropriation of the Council owned land on the Valentine Court estate, as outlined in red on the plan attached at Appendix A, from planning purposes back to housing purposes under Section 122 of the Local Government Act 1972; and

g)    Delegates authority to the Executive Director for Executive Director for Housing, Regeneration and Public Realm in consultation with the Director of Law, Governance and Elections to deal with any necessary arrangements to record the appropriation of each site for planning purposes including the transfer of the land from the Housing Revenue Account (HRA) to the General Fund account (GF) at the current red book value; the transfer of the land from the GF to the HRA at the current red book value; to negotiate and enter into agreements by deed and payment of compensation for the release of third-party rights where this can be achieved on reasonable terms within a reasonable timescale; and to take all necessary steps to settle claims for compensation under section 204 of the Housing and Planning Act 2016.

Report author: James Ringwood

Publication date: 01/02/2023

Date of decision: 01/02/2023

Decided at meeting: 01/02/2023 - Mayor and Cabinet

Accompanying Documents: