Issue - meetings

Approval of appropriation of land and construction contract at three sites in Noel Park

Meeting: 14/07/2021 - Cabinet Member Signing (Item 5)

5 Approval of appropriation of land and construction contract at three sites in Noel Park pdf icon PDF 249 KB

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Minutes:

The Cabinet Member for House Building, Placemaking and Development considered the report which sought Cabinet’s approval, in light of engagement with residents, to deliver three new Council homes for Council rent on Council land in Noel Park at Bury Road, Farrant Avenue and Morley Avenue. The recommended development has received planning permission: for Bury Road on 12th April 2021, Farrant Avenue on 12th March 2021 and Morley Avenue on 9th April 2021.

 

RESOLVED that the Cabinet Member:

 

1.         Approves the direct appointment of NFC Homes Limited as allowed by Contract Standing Order 10.01.2. to undertake the new build works to provide a total of three Council rented homes at Bury Road, Farrant Avenue and Morley Avenue garages for a total contract and client contingency sum set out in the exempt part of the report.

 

2.         Approves the appropriation of each of the land at Bury Road, the Farrant Avenue garages and the Morley Avenue garages (each 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 paragraphs 6.1 to 6.22 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 each of the Bury Road, Farrant Avenue, and Morley Avenue developments, under planning permissions HGY/2021/0059 (Bury Road) HGY/2021/0095 (Farrant Avenue) and HGY/2021/0054 (Morley Avenue).

 

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

 

5.         Approves the appropriation of each of the land at Bury Road, Farrant Avenue and Morley Avenue (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 each of the development.

 

Reasons for decisions

 

The land at Bury Road, Farrant Avenue and Morley Avenue was approved by Cabinet in July 2019 to be included in the Council’s housing delivery programme. The schemes were subsequently granted planning consent and are ready to progress to construction. This report therefore marks the third, and final, Members’ decision to develop on these sites.

 

The direct appointment of NFC Homes Limited is in the Council's overall interest in terms of achieving best value for money and quality.

 

The appropriation of the sites 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  ...  view the full minutes text for item 5