Purpose

This report seeks approval for S203 powers to be applied to the Brunton Wharf Housing Scheme. The proposal is to build a new residential block accommodating 32 self-contained dwellings, and provide relocated car parking, hard and soft landscaping, and security enhancements to the wider estate.
 

Decision

DECISION:

1. Delegate authority to the Corporate Director of Housing & Regeneration in consultation with the Mayor to appropriate the Land for planning purposes in accordance with section 122 Local Government Act 1972 and subsequent use of the Council’s powers under s203 s206 of the Housing & Planning Act 2016 to override rights to light of neighbouring properties that would be infringed by the redevelopment the Land.
2. Delegate authority to the Corporate Director of Housing & Regeneration in consultation with the Mayor to agree the settlement of rights of light claims with an affected party, together with any associated fees.
3. Delegate authority to the Director of Governance and Legal Services in consultation with the Mayor to agree the terms of and enter into any documentation required to deal with any property matters necessary to progress the development of the Land.
4. Note that the cost of the proposed settlement of rights of light compensation payments and associated fees will be met from the capital budget for the Brunton Wharf site development.

REASON FOR DECISION:

1. The decisions sought in this report are to enable the construction on the Land of the new building, a 9-storey residential housing block.
2. The Council has instructed Rights of Light Consultant to carry out an analysis to identify surrounding properties which may suffer an adverse impact to the level of light currently maintained. They reported that there are potentially 2 buildings, 1 school and 4 further Street \ Road properties that may be affected by the development with the individual dwellings therein being affected to varying degrees as detailed in the right to light report.
3. Rights of Light Consultant have also assessed the level of light infringement to each individual property that is affected and provided details of the potential settlement budget for the release of these rights. Full details of the affected parties, settlement budgets as well as negotiations are set in the exempt appendix. Due to the high risk of an injunction to prevent the scheme being delivered and the associated settlement costs, the Council needs to consider appropriate use of its powers to mitigate these risks.

ALTERNATIVE OPTIONS:

Do nothing option: if the Council decides not to appropriate the Land, then there is the potential that affected private property owners could bring injunction proceedings which could stop the construction of the project or significantly delay its delivery and the 32 new affordable homes.

Action by: Corporate Director of Housing and Regeneration