Purpose

Appropriation of Avonmore Primary School Land.

Decision

That Cabinet:

1. Approves that Appendices 2 and 3 are not for publication on the basis that they contain information relating to the financial or business affairs of any particular person (including the authority holding that information) as set out in paragraph 3 of Schedule 12A of the Local Government Act 1972 (as amended).
2. Resolves that the Avonmore school land is no longer required for the purposes for which it is currently held.
3. Approves the appropriation of the Avonmore school land “Yellow Land” (see Appendix 1 – Site plans 1 and 2 of the land to be appropriated) from education purposes, in which it is currently held, to planning purposes pursuant to section 122 of the Local Government Act 1972.
4. Delegates authority to the Executive Director of People, the Executive Director of Place in consultation with the Cabinet Member for Children and Education and the Director of Legal Services to negotiate and secure the release of any third party rights voluntarily by the payment of compensation and entering into a Deed of Release where this can be achieved on reasonable terms within a reasonable timescale.
5. Delegates authority to the Executive Director of Finance, in consultation with the Executive Director of People, the Executive Director of Place, the Cabinet Member for Children and Education and the Director of Legal Services to carry out such steps as are necessary to effect and record the related accounting transactions to the General Fund account and the Housing and Revenue account respectively.
6. Approves the use of the Council’s powers under Section 203 of the Housing and Planning Act 2016 (“HPA 2016”), where necessary, to override any easement, covenants and other rights in respect of the Yellow Land, including authorisation to take all necessary steps required in relation to any associated claims for compensation under section 204 of the HPA 2016 and other legal agreements to enable the Development.
7. Following the appropriation for planning purposes, approves the appropriation of the Avonmore school land as shown in Appendix 1 – Site Plans 1 & 2 of the land to be appropriated (“the Yellow Land”):

a)    that part of the land hatched blue comprising the new Avonmore School back to education purposes; and

b)    that part of the land hatched pink comprising the 39 new affordable homes (21 social rent and 18 shared ownership) located in Block B for housing purposes (and in accounting terms transfer to the Housing Revenue Account from the General Fund), in accordance with section 19 of the Housing Act 1985 or section 232 of the TCPA 1990 as appropriate.

1. Approves the transfer of 6 Affordable Housing Units (social rent) in Block A within the land shown hatched green as shown in Appendix 1 – Site Plans 1 & 2 from planning purposes for housing and to the HRA (following the sale of the 46 private sale homes on the open market).
2. Approves the budget adjustment in Appendix 3 – Exempt Financial Adjustments, which is due to the uplift in construction inflation This figure is offset based on receipt of additional allocation of grant and adjustments due to programme alterations.