Agenda item

(Housing Portfolio Holder) To consider the attached report (C-034-2014/15).

(Housing Portfolio Holder) To consider the attached map in conjunction with the report (C-034-2014/15).

(1)        That, in accordance with the previous decision of the Council Housebuilding Cabinet Committee, the former garage site and associated amenity land at Burton Road,(‘the Land’) (as shown edged red on the plan attached to the report) identified for the development of Council House Building, be appropriated for planning purposes under provisions laid out in Section 122 of the Local Government Act 1972 (‘the 1972 Act’) and Section 226 (1) (a) of the Town and Country Planning Act 1990 (‘the 1990 Act’)  on the grounds that the Land was no longer required for the purposes for which it was currently held (as under-utilised garages and grassed amenity land) in the Housing Revenue Account;

(2)        That the Housing Portfolio Holder be delegated authority to sign a memorandum confirming the Cabinet decision that the Land had been appropriated from housing purposes to planning purposes prior to the planning application being submitted;

(3)        That the Leader of the Council be requested to amend the Terms of Reference for the Council Housebuilding Cabinet Committee to delegate authority to the Cabinet Committee to appropriate Council-owned land, held for housing purposes and  identified for Council housebuilding for planning purposes under provisions laid out in Section 122 of the 1972 Act  and Section 226 (1) (a) of the 1990 Act on the grounds that the land was no longer required for the purposes for which it was currently held in the Housing Revenue Account; and

(4)        That, for future development sites where consent from the Secretary of State would be required and pursuant to Section 19 of the Housing Act 1985 insofar as required,  the Director of Communities be given delegated authority to apply to the Secretary of State for Communities and Local Government for such consent, and subject to receipt of that consent, to advertise the Council’s intension to make the appropriation in accordance with the provisions of Section 122(A) of the 1972 Act.

The Housing Portfolio Holder presented a report concerning the appropriation of lane at Burton Road in Loughton.

The Housing Portfolio Holder reported that the Council Housebuilding Cabinet Committee had identified land at Burton Road in Loughton as suitable for redevelopment with the specific purpose of providing affordable housing for applicants on the Council’s Housing Register. The site was currently occupied by garages and grassed amenity land, but the majority of the garages stood empty so it was felt that the current use of the land was not fit for purpose. By appropriating the land for planning purposes, the Council would be able to secure its redevelopment. The land needed to be appropriated prior to the planning application being submitted, as there was no retrospective process for appropriation and there was a risk that the proposed redevelopment scheme could be frustrated by third party rights. The process for appropriation was laid out in Section 122 of the Local Government Act 1972 and Section 226 (1)(a) of the Town and Country Planning Act 1990. The Housing Portfolio Holder was also seeking authority to sign a memorandum confirming the appropriation of the land prior to the planning application being submitted.

The Housing Portfolio Holder requested that for future phases of the Council Housebuilding Programme, the terms of reference for the Council Housebuilding Cabinet Committee be amended, by the Leader of the Council, so that the Cabinet Committee could be delegated authority to appropriate Council-owned land for planning purposes on the grounds that it was no longer required for the purposes for which it was currently held in the Housing Revenue Account, under the relevant legislation listed above.

Finally, the Housing Portfolio Holder stated that although the consent of the Secretary of State for Communities and Local Government under Section 19 of the Housing Act 1985 was not required on this occasion, as neither the land nor the garages were connected to the tenancy of a dwelling, this might not always be the case in the future. Consequently, the Cabinet was also requested to delegate authority to the Director of Communities to apply for such consent in the future, if required.

Decision:

(1)        That, in accordance with the previous decision of the Council Housebuilding Cabinet Committee, the former garage site and associated amenity land at Burton Road,(‘the Land’) (as shown edged red on the plan attached to the report) identified for the development of Council House Building, be appropriated for planning purposes under provisions laid out in Section 122 of the Local Government Act 1972 (‘the 1972 Act’) and Section 226 (1) (a) of the Town and Country Planning Act 1990 (‘the 1990 Act’)  on the grounds that the Land was no longer required for the purposes for which it was currently held (as under-utilised garages and grassed amenity land) in the Housing Revenue Account;

(2)        That the Housing Portfolio Holder be delegated authority to sign a memorandum confirming the Cabinet decision that the Land had been appropriated from housing purposes to planning purposes prior to the planning application being submitted;

(3)        That the Leader of the Council be requested to amend the Terms of Reference for the Council Housebuilding Cabinet Committee to delegate authority to the Cabinet Committee to appropriate Council-owned land, held for housing purposes and  identified for Council housebuilding for planning purposes under provisions laid out in Section 122 of the 1972 Act  and Section 226 (1) (a) of the 1990 Act on the grounds that the land was no longer required for the purposes for which it was currently held in the Housing Revenue Account; and

(4)        That, for future development sites where consent from the Secretary of State would be required and pursuant to Section 19 of the Housing Act 1985 insofar as required,  the Director of Communities be given delegated authority to apply to the Secretary of State for Communities and Local Government for such consent, and subject to receipt of that consent, to advertise the Council’s intension to make the appropriation in accordance with the provisions of Section 122(A) of the 1972 Act.

Reasons for Decision:

Appropriation of the land could not take place after a planning application had been submitted otherwise there was a risk that the proposed re-development scheme might be frustrated by third party rights, which would in turn frustrate the Council’s regeneration objectives for the site. By appropriating land, once planning permission was obtained, the rights of affected third parties could be overridden to the extent that they became an entitlement to compensation rather than a right to obtain an injunction to prevent the scheme.

Other Options Considered and Rejected:

To not appropriate the land and take the risk that a third party would not try to prevent the development by laying claim to a long established right of access across the land.