Decision Maker: Cabinet
Decision status: For Determination
Is Key decision?: Yes
Is subject to call in?: Yes
Appropriation for residential development
1. That the land shown edged hatched and edged in black on the plan at Appendix A of the report that is currently held for housing purposes be confirmed as no longer required for those purposes and the appropriation of the land to planning purposes to facilitate the carrying out of the development proposals for the area in accordance with section 226 of the Town and Country Planning Act 1990 and section 122(1) of the Local Government Act 1972 be approved.
2. That following completion of the works for which the appropriation at paragraph 1 of the report is required the land shown hatched and edged in black on the plan at Appendix A be confirmed as no longer be required for planning purposes and the appropriation of the land to housing purposes in accordance with section 9 of the Housing Act 1985 and section 122(1) of the Local Government Act 1972 be approved.
3. That authority be delegated to the director of planning and growth authority to:
· Agree detailed terms and conditions for the indemnity agreement to be provided by Notting Hill Genesis
· Pay compensation properly claimed where due to third parties arising from the interference of their rights in accordance with section 204 of the Housing and Planning Act 2016
· Defend or settle (as appropriate) any compensation claims referred to the Lands Chamber of the Upper Tribunal in respect of rights that are overridden due to the exercise of the council’s powers.
Report author: Althea Loderick
Publication date: 07/02/2023
Date of decision: 06/02/2023
Decided at meeting: 06/02/2023 - Cabinet
Effective from: 15/02/2023