Home
Agenda item

Agenda item

CHE S160 De Beauvoir Estate Phase 1, Appropriation Of Land For Planning Purposes

Decision:

RESOLVED

That the Cabinet:

Agreed that the land at Downham Road West, 81 Downham Road/TRA, Downham Road East, Hertford Road and Balmes Road, 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.

Approved 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 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/use scheme at De Beauvoir Phase 1, the appropriation of the land shown within the red line at Appendix 1 is required.

The land at Downham Road West, 81 Downham Road/TRA, Downham Road East, Hertford Road and Balmes Road, as shown in Appendix 1, for which authority to appropriate is being sought, is currently housing land administered under the Housing Revenue Account (HRA). Once the development has been completed, the land will be appropriated as housing land and transferred back to the HRA.

The land at Downham Road West shown on the Plan at Appendix 2, is currently open space land, as such it is subject to a change of use for mixed tenure housing. Notice of the intended appropriation for planning purposes and future disposals has been advertised in the Hackney Gazette on 22 and 29 September 2022.

Cabinet is requested to formally record that no objections have been received to the proposed appropriation of the land at Downham Road West shown on the Plan at Appendix 2. Once the development has been completed, the land will be appropriated as 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 3 provides further background information.

Supporting documents: