The Pre-Decision Scrutiny Questions and officer responses were noted.

DECISION

1.    To delegate authority to the Corporate Director of Place 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 William Brinson Centre redevelopment.

2.    To delegate authority to the Corporate Director of Place to agree the settlement of rights of light claims with an affected party, together with any associated fees.

3.    To authorise the Divisional Director, Legal to enter into any legal agreements considered necessary or desirable for the Council to put in effect the recommendations in the report.

4.    To 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 William Brinson Centre scheme.

Action by:

CORPORATE DIRECTOR PLACE (A. SUTCLIFFE)

(Director of Housing (K. Swift)

Reasons for Decision

The Council has instructed a Rights of Light consultant Delva Patman Redler (DPR) to carry out a detailed analysis to identify surrounding properties which would suffer an adverse impact to the level of light currently maintained. The report identifies of the 54 neighbouring properties assessed, a total of 37 are likely to experience potentially actionable rights of light infringements.

DPR has 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 appendices 2 and 3. 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. As a result, this would put at risk the Council’s approved budget to deliver this scheme and impact the Council’s affordable homes target, whilst jeopardising the 62 affordable units proposed as part of this approved scheme. In addition, the Land will remain vacant as a disused asset and the Council will continue to incur associated security and maintenance costs.

The carrying out of the development is dependent upon adhering to a programme. That programme cannot be met unless those entitled to rights of light agree to infringements or the infringements are authorised by s203. The Council needs to maintain its programme to lawfully implement the development before 18 December 2022 and subsequently complete the development. If the proposed development were not to come forward due to an inability to implement the planning permission prior to its implementation deadline, then it is unlikely that any development of the nature, type and scale proposed in planning application PA/16/02789 would be proposed or implemented on the site.