Purpose

To seek formal approval to proceed with the
appropriation of land.

Content

1.    
That the appropriation of the
parcel of land for Smithgate Phase 1, shown edged red on the plans
at Appendix 1 to the report, for planning purposes under section
203 of the Housing and Planning Act 2016 be approved.

 

2.    
That the Chief Operating Officer
be authorised to negotiate, execute, seal and complete all
necessary and ancillary documents to give effect to this
recommendation.

 

3.    
That it be
noted, the
appropriation of Smithgate Phase 1 is necessary and in the public
interest to allow the Phase 1 delivery as the new development
would contribute to the
economic, social and environmental wellbeing of the
area.

 

4.    
That it be
noted, appropriation of the
site would enable the development to proceed without the risk of an
injunction from adjoining landowners.

 

5.    
That it be
noted, appropriation would
limit the level of compensation payments to the value of the
diminution in value of affected properties.

 

6.    
That it be noted,
appropriation of the land for planning purposes under s.122 of the
Local Government Act 1972 is one of the criteria required to be
satisfied in order to engage s.203 of the Housing and Planning Act
2016.

 

7.    
That it be
noted, when s203 of the
Housing and Planning Act 2016 Act is engaged s204 provides that
compensation would be paid on a diminution in value basis. If the
interests to be overridden relate to private Rights to Light,
damages may also be payable in lieu of an injunction.