Issue - meetings

[To be introduced by the Cabinet Member for Housing and Regeneration. Report of the Director  of Planning, Regeneration and Development.] Cabinet to agree the appropriation of  land at the Olympia Trading Estate for planning purposes.

The Cabinet Member for Housing and Regeneration introduced the report which detailed the issues behind the Council seeking to appropriate the Olympia Trading Estate on behalf of the developer. This would enable the developer to benefit from the protection afforded by Section 237 of the Town and Country Planning Act 1990 (as amended) which would have the effect of converting the rights of the property owner (including rights to light) to compensation, but prevented a property owner injucting a development scheme. The Council sought to use these powers in support of the wider regeneration of the area.

In response to Cllr Engert’s question on why it was not clear which powers the Council had used to acquire the land and whether the council’s action could therefore be subject to legal challenge, The Director of Regeneration, Planning and Development advised that the report recognised that the land was already held for planning purposes but officers were unable to ensure that the correct provisions were used previously. Part of the reason that the report was brought to Cabinet was to refresh the appropriation under the correct legislation to ensure that the land was appropriated in the correct way.

RESOLVED

1. To appropriate the Olympia Trading Estate (outlined red in the plan attached as Appendix A of the report) for planning purposes pursuant to section 232 of the Town and Country Planning Act 1990 ("the Act"). This is on the basis that the appropriation (and subsequent disposal) will facilitate the carrying out of development/redevelopment or improvement on or in relation to the land and that the development/redevelopment or improvement will promote or improve the economic, social or environmental well being of the area.

2. That the resolution under 3.1(i) and the disposal of the Olympia Trading Estate under Section 233 of the Act are intended to attract the application not only of Section 237but also of any replacement whether Clause 137 of the Housing and Planning Bill (as enacted) or otherwise. This is to override any easements or rights which could adversely impact on the proposed development and/or redevelopment of the Olympia Trading Estate and the subsequent beneficial use.

Reasons for decision

The Council wishes to support and facilitate the delivery of a new Housing scheme at Clarendon Road as it will bring significant public benefits, act as a catalyst for wider regenerative change and will deliver the objectives for the Wood Green Area Action plan and Investment Framework.

If the Council were to not agree these recommendations, the proposed development scheme will be at risk of injunction and will be delayed and put at risk.

Alternative options considered

The alternative option to consider would be not to appropriate the site at the Olympia Trading Estate for planning purposes. This would put the site at risk of being injuncted and therefore put the development at risk and delay the building of the scheme.