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Agenda item

APPROPRIATION OF LAND REQUIRED TO REDEVELOP JUNIPER HOUSE FOR NEW HOUSING

Decision:

Cabinet:

(1)  agreed the approach to negotiating third party rights before using powers to address them under Section 203 of the Housing and Planning Act 2016 as referred to in section 3.4.of the report;

 

(2)  subject to implementing the approach for negotiating third party rights, agreed to appropriate the land shaded blue on the plan attached at Appendix A of the report for planning purposes under Section 122 of the Local Government Act 1972;

 

(3)  subject to obtaining the Secretary of State's consent under Section 19 of Housing Act 1985, agreed to appropriate the land coloured and hatched black on the plan at Appendix A of the report for planning purposes under Section 122 of the Local Government Act 1972;

 

(4)  subject to (3) above, authorised the Strategic Director of Finance and Governance, in consultation with Director of Housing, to transfer of the land shown as coloured and hatched black on the plan attached at Appendix A to the report, valued at £250,000, from the Housing Revenue Account to the General Fund;

 

(5)  authorised the Director of Property and Asset Management, in consultation with the Director of Regeneration and Growth, the Director of Housing and the Director of Governance and Law, to use statutory powers under Section 203 of the Housing and Planning Act 2016 to address third party rights over the land edged red on the plan at Appendix A of the report. This is subject to implementing the approach set out for negotiating third party rights; and

(6)  authorised the Director of Property and Asset Management, the Director of Regeneration and Growth and the Director of Governance and Law to deal with all necessary legal arrangements to effect the appropriation as set out in the report including, where deemed necessary, to seek consent from the Secretary of State.

 

OPTIONS & ALTERNATIVES CONSIDERED

 

The alternatives to appropriating the land would be to proceed with the risk of injunction or to deliver a scheme that does not provide adequate amenity space for residents. The alternative scheme would deliver three fewer affordable units. There would be an identical amount of retail / commercial space, but the nursery would not meet the requirements for a Council-run nursery due to insufficient external play area.

 

Minutes:

Councillor Miller introduced the report and, in doing so, said that the report detailed a number of measures to bring the development forward quickly. 

 

The Leader was pleased to note that the development would include provision of a number of nursery school places.

 

Councillor Williams as pleased to note that every report considered had an impact on children and/or young people.  She thanked the Cabinet for the decisions taken at the meeting. 

 

Cabinet:

(1)  agreed the approach to negotiating third party rights before using powers to address them under Section 203 of the Housing and Planning Act 2016 as referred to in section 3.4.of the report;

 

(2)  subject to implementing the approach for negotiating third party rights, agreed to appropriate the land shaded blue on the plan attached at Appendix A of the report for planning purposes under Section 122 of the Local Government Act 1972;

 

(3)  subject to obtaining the Secretary of State's consent under Section 19 of Housing Act 1985, agreed to appropriate the land coloured and hatched black on the plan at Appendix A of the report for planning purposes under Section 122 of the Local Government Act 1972;

 

(4)  subject to (3) above, authorised the Strategic Director of Finance and Governance, in consultation with Director of Housing, to transfer of the land shown as coloured and hatched black on the plan attached at Appendix A to the report, valued at £250,000, from the Housing Revenue Account to the General Fund;

 

(5)  authorised the Director of Property and Asset Management, in consultation with the Director of Regeneration and Growth, the Director of Housing and the Director of Governance and Law, to use statutory powers under Section 203 of the Housing and Planning Act 2016 to address third party rights over the land edged red on the plan at Appendix A of the report. This is subject to implementing the approach set out for negotiating third party rights; and

(6)  authorised the Director of Property and Asset Management, the Director of Regeneration and Growth and the Director of Governance and Law to deal with all necessary legal arrangements to effect the appropriation as set out in the report including, where deemed necessary, to seek consent from the Secretary of State.

 

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