Decision details

The report is seeking approval for the phased appropriation of Phase 2 of the Ebury Bridge Estate for planning purposes under Section 122 of the Local Government Act 1972 and to engage the provisions of section 203 of the Housing and Planning Act 2016 to facilitate the delivery of new homes and associated amenities for which planning permission has been granted by the local planning authority.

Summary of Decision

The Cabinet Member for Finance and Council Reform has approved the following recommendations:

·       Appropriation for planning purposes of the Council’s land at the Ebury Bridge Estate known as the ‘Phase 2 Site - excluding Bucknill House’ (shown edged green on the plan at Appendix A) pursuant to Section 122 of the Local Government Act 1972 and the subsequent use of the powers under Section 203 of the Housing and Planning Act 2016.

·       Delegated authority to Executive Director of Regeneration, Economy and Planning:

o   To deal with any necessary arrangements to record the appropriation of the ‘Phase 2 Site- excluding Bucknill House’ for planning purposes:

o   To subsequently exercise the Council’s powers under Section 203 Housing and Planning Act 2016.

o   To negotiate and/or approve payment of compensation claims under Section 204 of the Housing and Planning Act 2016 and approve and authorise all legal documentation that may be required to compromise and release third party rights where this can be achieved on reasonable terms within a reasonable timescale.

o   To take all necessary steps to settle claims for compensation under Section 204 of the Housing and Planning Act 2016.

Reasons for Decision

The ‘Phase 2 Site - excluding Bucknill House’ was previously used for the Council housing provision and is currently a demolished and therefore cleared site without buildings/dwellings. Therefore, the development site is no longer required by the Council for the purpose for which it is currently held.

Appropriating the ‘Phase 2 Site - excluding Bucknill House’ for planning purposes from housing purposes, and the use of subsequent powers, is recommended to facilitate the delivery of much needed new homes in the community, and to replace the existing facilities with new fit for purpose buildings.