Decision details

To agree the recommendation of the Cabinet Committee to appropriate the land at Burton Road for planning purposes, which is currently held in the HRA.

(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.