Decision details
CHE S158 Marian Court - 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:
Agreed that the land at Marian Court, shown edged red on the plan at Appendix 1, which is currently held for housing purposes under the Housing Revenue Account (HRA), is no longer required for those purposes.
Agreed to the appropriation of the land set out at 3.1 for planning purposes to facilitate the carrying out of the development pursuant to section 122(1) of the Local Government Act 1972.
Agreed that following completion of the development proposals at 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 to 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.
Agreed 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 Marian Court, the appropriation of the land shown within the red line at Appendix 1 is required.
The land at Marian Court, as shown in Appendix 1, is currently housing land administered under the Housing Revenue Account (HRA). Following appropriation for planning purposes, the land 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.
The demolition of the last remaining block at Marian Court is due to complete in December 2022, with the last of the foundations being removed in January 2023. The site will have no residential properties remaining as of the date of the Cabinet Meeting and, therefore, consent of the Secretary of State (by virtue of section 19 of the Housing Act 1985) is not required.
Publication date: 13/12/2022
Date of decision: 12/12/2022
Decided at meeting: 12/12/2022 - Cabinet
Accompanying Documents:
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