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)

Councillor Rabina Khan, Cabinet Member for Housing and Development introduced the report. She stated that this was not an easy decision to take and provided a detailed introduction to Members highlighting a number of issues including that:

·         Applications for high density development continued to increase which posed challenges to the provision of amenity and infrastructure. This included impacting on other residents’ ‘right to light’.

·         Removal of a person’s ‘Right to light’ could have significant impacts and potentially have Human Rights Act implications.

·         The developer had requested the Council use its powers to remove the potential for an injunction against the development. Rights to compensation could not, and would not, be removed.

·         There were only specific factors the Council could take into account when taking this decision and the financial health of the developer was not one of them. There was no obligation to use these powers.

·         The Council must be satisfied that the potential benefits outweighed the potential impacts of the decision.

·         Any decision to agree would not represent a precedent and future applications would be considered on their merits.

·         There may, in any case, be a settlement between the parties concerned.

Finally, Councillor Rabina Khan responded to the Pre-Decision Scrutiny Questions tabled by the Chair of the Overview and Scrutiny Committee. She set out the powers that the Council could use, how the public consultation had been organized and what the results were.

Members then discussed the report examining a number of issues including:

·         Discussing the legality of the decision and the balance with the human rights of residents.

·         The level of benefits that the scheme would bring.

·         How the amount of light loss had been calculated. Officers agreed to circulate details of the loss of light calculations.

·         The need for new housing in the borough.

The Mayor thanked Members for their input and stated that use of the power was as a last resort. He considered that on the balance of the potential benefits against impact that he was satisfied to exercise the powers as set out in the report. He agreed the recommendations as set out.

RESOLVED

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.

Councillors Shahed Ali, Cabinet Member for Clean and Green, and Ohid Ahmed, Cabinet Member for Community Safety, requested that the record note they did not agree with the decision.