Decision details
CHE S159 Frampton Park: Appropriation Of Land For Planning Purposes
Decision status: For Determination
Is Key decision?: Yes
Is subject to call in?: No
Decision:
RESOLVED
That the Cabinet:
To agree that the land at Frampton Park, shown edged red on the plan in Appendix 1, which is currently held for housing purposes under the Housing Revenue Account (HRA), is no longer required for those purposes.
To approve the appropriation of the land set out at 3.1 for planning purposes to facilitate the carrying out of the development proposals under section 122(1) of the Local Government Act 1972.
To agree that following completion of the development proposals at paragraph 3.2 the land shown edged red on the plan at Appendix 1 will no longer be required for planning purposes and approve the appropriation of the land for housing purposes to be transferred to and administered from the Housing Revenue Account and in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972.
To authorise the Group Director, Climate Homes and Economy and the Director of Legal, Democratic and Electoral Services to deal with all necessary arrangements to effect the appropriation set out in this report.
REASONS FOR DECISION
Appropriation of land for planning purposes under section 122 of the Local Government Act 1972 (‘the 1972 Act’) provides the Council with a mechanism for helping minimise the delay or uncertainty associated with regeneration projects by ensuring that the proposed developments cannot be held up by injunctions in support of third party rights.
In order to de-risk the development of the mixed tenure scheme at Frampton Park, the appropriation of the land shown within the red line at Appendix 1 is required.
The land at Frampton Park, as shown in Appendix 1, for which authority to appropriate is being sought, is currently housing land administered under the Housing Revenue Account (HRA). The land following appropriation will be transferred to and administered from the General Fund Account. Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.
Subsequent to the transfer back to the HRA the Council will lose the benefits of the appropriation for planning purposes. The Council will not, however, lose the protection over whatever was built while the land was appropriated for planning purposes, and as such the newly built development would not be subject to an injunction (i.e. third parties whose rights have been injured as a result of the development will not be able to halt the development). The affected parties may, however, be able to seek compensation. Exempt Appendix 2 provides further background information.
Publication date: 13/12/2022
Date of decision: 12/12/2022
Decided at meeting: 12/12/2022 - Cabinet
Accompanying Documents:
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