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The Council to formally exercise its powers
under s.203 Housing and Planning Act 2016:
 
to appropriate the NCP surface car park owned
by the Council (parcel A) for planning purposes following the
surrender of the NCP lease dated 30 July 2002; and as set out in
the recommendations of the report to the Joint Strategic Committee
of 12 September 2024

Reasons for the decision

To facilitate the use of powers available to a
local authority within Section 203 of the Housing and Planning Act
to override any rights to light or other third party private rights
which may be infringed by the development of the proposed housing
at Union Place with those rights being converted into a right to
claim compensation.

Alternative options considered

Do not appropriate
 
This is not viable due to:
 
1. Significant risk of injunctions from third
parties whose rights may be infringed by the proposed development
of Union Place, should it be implemented without the Parcels being
appropriated for planning purposes.
 
2. Excessive compensation cost: The cost of
compensation without appropriation of the Parcels could be
significant if any compensation assessment is based on damages in
lieu of an injunction as opposed to diminution in value of the
relevant land.