Issue - meetings

Further to Minute 33 (18 September 2018), the Cabinet Member for Finance, Performance and Core Services presented a report outlining the background to a residential-led joint development scheme on land owned by the Council and Robyna Ltd at North Street/London Road which had now obtained planning permission.

Following the application, it was identified that interested parties in ownership of adjacent land have the potential for a ‘right of lights’ claim for which they could bring an injunction to delay or, at worst, prevent the development proceeding and the Cabinet Member referred to the mitigating steps that could be taken by the Council to protect against any such claims.

Cabinet resolved to:

(i)   Agree the approach of notifying, engaging with and negotiating with third parties before using powers to address third party rights under Section 203 of the Housing and Planning Act 2016 (HPA) as set out in the report,

(ii)  Approve, subject to the (1) implementation of the approach for engaging and negotiating (as necessary) with third parties; (2) grant of planning permission free from challenge; (3) exercise by the Developer of its option to proceed with the Development; (4) conclusion of the appropriate consultation exercise; and (5) appropriate indemnity (with adequate security) being provided in respect of any claims for compensation or costs arising from the appropriation and exercise of section 203 powers, the use of the Council's statutory powers to:

(a)   acquire the Developer's land for planning purposes (namely the construction of the Development (defined below)) in accordance with section 227 of the Town and Country Planning Act 1990 (TCPA),

(b)  appropriate the Council's land for planning purposes in accordance with section 122 of the Local Government Act 1972 (LGA), noting that the land is no longer required for the purpose for which it is currently held, and

(c)  subsequent use of the Council's powers under sections 203 – 206 of the HPA 2016 in respect of the Land to override third party interests of neighbouring properties infringed by the Development.

(iii)  Subject to the Chief Operating Officer being satisfied that the terms of the recommendation at (i) and (ii) above have been met, to delegate authority to the Chief Operating Officer, in consultation with the Director or Law and Governance and the Cabinet Member for Regeneration and Social Housing, to fully implement and effect the recommendations (ii) (a) – (c) above,

(iv)  Subject to (i) to (iii) above and to the Developer notifying, engaging and negotiating (as necessary) with third parties in accordance with the agreed strategy (and the Chief Operating Officer being satisfied with the Developer's efforts to comply with the same) prior to the exercise of the delegated authority, to authorise the Director of Law and Governance, or an authorised delegate on her behalf, to settle and execute on behalf of the Council all the necessary documents required to implement the recommendations in the report, and

(v)  Delegate authority to the Chief Operating Officer to acquire the Developer's land in accordance with section 227 of  ...  view the full minutes text for item 117