Issue - meetings

Approval of appropriation of land and construction contract at land adjacent to 318a White Hart Lane

Meeting: 14/07/2021 - Cabinet Member Signing (Item 3)

3 Approval of appropriation of land and construction contract at land adjacent to 318a White Hart Lane pdf icon PDF 244 KB

Additional documents:

Minutes:

The Cabinet Member for House Building, Placemaking and Development considered the report which sought Cabinet’s approval to build six new Council homes on the vacant corner of land adjacent to 318a White Hart Lane.

 

RESOLVED that the Cabinet Member:

 

1.         Approves the appointment of Contractor A to undertake the new build works to provide a total of six new Council rented homes at the land adjacent to 318a White Hart Lane for a total contract sum of set out in the exempt part of the report; and approves the client contingency sum set out in the exempt part of the report.

 

2.         Approves the appropriation of the land known as land adjacent to 318a White Hart Lane (edged red in the plans attached at Appendix 1) from housing purposes to planning purposes under Section 122 of the Local Government Act 1972 as it is no longer required for the purpose which it is currently held, and for the purpose of carrying out development as set out in part 6 of this report.

 

3.         Approves the use of 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 318a White Hart Lane development, under planning permission Ref: HGY/2020/1322.

 

4.         Delegates to the Director of Housing, Regeneration and Planning, after consultation with the Director of Finance and the Cabinet Member for House-Building, Place-Making and Development, authority to make payments of compensation as a result of any infringement arising from the development and the recommendation 3.1.3, within the existing scheme of delegation.

 

5.         Approves the appropriation of the land adjacent to 318a White Hart Lane (edged red in the plans attached at Appendix 1) from planning purposes back to housing purposes under Section 19 of the Housing Act 1985, after practical completion of the development.

Reasons for decisions

 

The land adjacent to 318a White Hart Lane was approved by Cabinet in July 2019 to be included in the Council’s housing delivery programme. The scheme has subsequently been granted planning consent and is ready to progress to construction. This report therefore marks the third, and final, Members’ decision to develop on this site.

 

Contractor A has been identified by a formal tender process to undertake these works.

 

The appropriation of the site for planning purposes is required as it will allow the Council to use the powers contained in Section 203 to override easements and other rights of neighbouring properties and will prevent injunctions that could delay or prevent the Council’s proposed development. Section 203 converts the right to seek an injunction into a right to compensation. The site will need to be appropriated back from planning purposes to housing purposes on completion of the development to enable the Council to use the land for housing and let one new Council home at Council rent.

 

The site proposal will provide six much needed Council homes on Council land, enhancing the under-used corner of land with  ...  view the full minutes text for item 3