Agree to the use of the Council’s powers under S237 of the Town and Country Planning Act 1990 in relation to the City Pride development. This report has been slipped pending evaluation of the legal position and further information required from the developer requesting use of the Council’s powers under  S237.

DECISION

1.         To note the risks identified in section 13 of the report.

2.         To agree the principle of acquiring the developer’s land for planning purposes using S227 powers and disposing of that land to the developer using S233 powers in order to engage S237 powers to enable the development to be carried out.

3.         To note the effect of S237 of the TCPA if the Council acquires land for planning purposes.

4.         To note the circumstances in which an acquisition may be made for planning purposes.

5.         To note the consultation undertaken with affected neighbouring owners and land interests.

6.         To note that the use of S237 powers is necessary and proportionate, and  that the developer has shown to Council officers, that it has made adequate efforts to reach fair negotiated settlements with affected third parties, and that the developer will continue to do so during the implementation of powers.

7.         To agree to enter into agreements with the affected land owners for   compensation in respect of rights extinguished under S237 of the TCPA 1990.

8.         To agree that the developer should be obliged to apply for consent to the non-material minor amendments summarised in paragraph 10.5 before the Council exercises its S237 powers.

9.         To delegate to the Director of Development and Renewal after consultation with the Service Head – Legal Services the powers, to agree the terms of the acquisition and lease and lease back to the developer and to complete the necessary documentation to enable acquisition under S227 of the TCPA 1990 and subsequent disposal or lease back to the developer under S233 of the TCPA 1990, at no cost to the Council.

10.       To delegate to the Director of Development and Renewal after consultation with the Service Head - Legal Services the power to take all necessary procedural steps and execute the necessary documents to override all third party rights pursuant to S237 of the TCPA 1990 to facilitate the proposed developments on both the City Pride and Island Point sites.

11.       To note that any transfer or lease back of the site to the developer will require the consent of the commissioners appointed by the Secretary of State as detailed in paragraph 15.9 of the report.

Action by:

CORPORATE DIRECTOR, DEVELOPMENT AND RENEWAL (A. DALVI)

(Service Head, Strategy, Regeneration & Sustainability (J. Odunoye)