Issue - meetings

The Cabinet Member for Corporate Resources considered the report, which sought approval for the appropriation of land in Monument Way for Planning Purposes. The Council has the power under Section 122 LGA 1972 to transfer the allocation of land from one purpose to another. This would mean that private rights of interests and restrictive covenants that affect the proposed development would be overridden and converted into a claim for damages resulting in the Council being able to overcome potential injunctable third party rights that may be presented in the construction of the Monument Way Development.

RESOLVED

That the Cabinet Member for Corporate Resources agrees:

·         To appropriate the Monument Way site (outlined red in the plan attached as Appendix A) for planning purposes pursuant to Section 122 of the Local Government Act 1972 ("Section 122 LGA 1972") as it is no longer required for the purpose which it is currently held.

·         And subsequently use the Council’s powers under Section 203 of the Housing and Planning Act 2016 to override easements and other rights of neighbouring properties infringed upon by the Monument Way Development, under planning permission Ref: HGY/2016/2184.

Reasons for decision

The Monument Way Site sits within the Tottenham Housing Zone. In the context of the Housing Zone Portfolio Approach to sites, and following consultation with the local community, the Monument Way Site was considered a suitable site for affordable rent housing and for larger units. The Council have been discussing with Newlon Housing Trust, as a preferred partner, the opportunity to take forward the development. The site can be delivered relatively quickly and independently of other sites in the Housing Zone and is a priority since there is an urgent demand for affordable rent homes.

This first scheme, along  with other landscape projects progressed by the Council around the Chestnut Estate will result in a much improved environment for existing residents of the chestnut Estate.

Alternative options considered

The alternative option to consider would be not to appropriate the Monument Way site for planning purposes. This would put the site at risk of being injuncted and therefore put the development at risk.

The preferred option, as recommended in this report, is to appropriate the land in question for planning purposes to ensure the smooth delivery of this important regeneration and housing scheme.