Issue - meetings

High Road West - Appropriation of Land in the Early Plots and Consultation on the Use of Ground 10a of the Housing Act 1985

Meeting: 19/07/2022 - Cabinet (Item 28)

28 High Road West - Appropriation of Land in the Early Plots and Consultation on the Use of Ground 10a of the Housing Act 1985 pdf icon PDF 455 KB

Report of the  Director for Placemaking and Housing. To be introduced  by the Cabinet Member for Council House-Building, Placemaking, and Development.

 

This report will seek Cabinet's approval to appropriate land for planning purposes to enable delivery of the first two development plots as part of the High Road West scheme.  It will also seek Cabinet approval to consult secure tenants on the Love Lane Estate on the use of Ground 10a of the Housing Act 1985.

Additional documents:

Minutes:

The Cabinet Member for Council House-Building, Placemaking, and Development introduced the report which sought approval to appropriate land for planning purposes to enable delivery of the first two development plots as part of the High Road West scheme. It also sought Cabinet approval to consult secure tenants on the Love Lane Estate on the use of Ground 10a of the Housing Act 1985.

 

It was noted that this was the first phase, 1a,  of the High Road West Scheme which was first of all, contingent on the overall  Planning decision  being sought on the whole scheme this week. This first phase would include the delivery of 60 Council homes.

 

Approval for consultation was a technical issue required with secure tenants under Housing Act by the Secretary of State so to achieve vacant procession over the site. Assurance was provided that the consultation would be delivered in community languages and translators would be engaged to ensure residents understood what was being consulted on.

 

In response to a question from Cllr Connor about any impact of the consultation result, this was a technical use of the powers as required by the Secretary of State to achieve vacant possession.

 

Following consideration of the exempt information, it was

 

RESOLVED

 

1.    To approve the appropriation for planning purposes of the land edged blue on the plan attached at Appendix 1 of this report to enable the delivery of Plot A of the High Road West Scheme (“the Scheme”) pursuant to section 122 of the Local Government Act 1972, which will enable the Council or the developer to rely on section 203 of the Housing and Planning Act 2016 to override any third party easements or rights infringed by the development of Plot A, subject to payment of statutory compensation to those entitled under section 204 of the 2016 Act.

 

2.    To approve the commencement of statutory consultation with all secure tenants on the Love Lane Estate, pursuant to Part 5 of Schedule 2 to the Housing Act 1985, regarding the proposal to seek the Secretary of State’s approval for the redevelopment Scheme for the purpose of Ground 10A to support delivery of later plots within the Scheme.

 

3.    To note that following this statutory consultation, there would be a report to Cabinet with a recommendation on whether to proceed with an application to the Secretary of State to seek approval of the redevelopment Scheme for the purpose of Ground 10A.

 

Reasons for decision

 

The land to be appropriated for planning purposes to enable the development of the first plot (Plot A) within Phase A of the Scheme, subject to planning permission being achieved. This land is currently held by the Council for a number of different statutory purposes, including housing.  The land held for housing purposes is currently used as a footpath and an enclosed fenced area associated with the Whitehall & Tenterden Centre, see Appendix 2. Appropriating the land would enable the Council and its development partner Lendlease to deliver the new homes, through  ...  view the full minutes text for item 28