Agenda item

(Report of the Director of Place and Sustainability. To be introduced by the Cabinet Member for Economic Regeneration and Social Inclusion). The report seeks approval to the acquisition, appropriation and disposal of land for planning purposes by the Council to enable the operation of Section 237 of the Town and Country Planning Act (1990), in order to facilitate the delivery of the stadium and southern phases of the Northumberland Development Project.

REPORT TO FOLLOW

Cabinet considered a report, presented by the Cabinet Member for Finance and Carbon Reduction, that sought approval of the acquisition, appropriation and disposal of land for planning purposes by the Council to enable the operation of Section 237 of the Town and Country Planning Act 1990, in order to facilitate the delivery of the new football stadium and southern phases of the Northumberland Development Project Scheme (NDPS).

Exempt information pertaining to the report was considered under agenda Item 25.

RESOLVED:

1. That, subject to paragraph 3.4 of the report, the acquisition of the freehold interest in land under Section 227 of the Town and Country Planning Act 1990, outlined in red in Plan 1 of Appendix 1 (‘the Land’) from Tottenham Hotspur Football Club (THFC) for planning purposes, be approved;

2. That, subject to paragraph 3.4 of the report, the appropriation of the Land, where necessary under Section 122 of the Local Government Act 1972, for planning purposes, be approved;

3. That, subject to paragraph 3.4 of the report, the disposal by the Council of a 999 year leasehold interest in the Land acquired pursuant to paragraph 3.1 and the Land appropriated pursuant to paragraph 3.2 to THFC under Section 233 of the Town and Country Planning Act 1990, be approved;

4. That it be agreed that the detailed terms of the acquisition, appropriation and disposal of the Land be delegated to the Head of Corporate Property Services, in consultation with the Head of Legal Services, once they are satisfied that:

1. The acquisition, appropriation and disposal is necessary in order to enable the NDP Scheme to be carried out including consideration of whether those entitled to rights of light are prepared, by agreement (on reasonable terms and within a reasonable time) to permit infringements of those rights; and

2. The final terms of the acquisition, appropriation and disposal of the Land is in accordance with the Heads of Terms outlined in Appendix 3 (the exempt part of this report) and/or such other terms as the Head of Legal Services considers necessary or appropriate.

5. That it be agreed that the acquisition, appropriation and disposal of the Land shall be conditional upon all of the Land having been acquired either by the Council or THFC (pursuant to the Compulsory Purchase Order or by a private treaty);

6. That authority be delegated to the Head of Corporate Property Services, in consultation with the Head of Legal Services and the Chief Financial Officer, to agree any variations to the Heads of Terms and the costs to be paid by THFC; and  

7. That it be noted that a separate report to Cabinet would be prepared in due course concerning the Council as Landowner of the properties affected by the rights of light impact arising from the new stadium and associated development.

Alternative Options Considered

Option A - Not to support the NDPS with the use of appropriation powers

The implications of this option are that THFC may not be able to acquire the rights needed and therefore they would not be able to secure funding and build the new stadium and associated development and the objectives identified in paragraph 1.7 of the report would not be achieved.

Option B – Deferring the decision on use of the S237 land appropriation powers

Deferring any decision to use S237 powers and not delegating to officers would adversely impact on the timetable for the scheme, the ability to secure funding and delivery of the scheme.

Reasons for Decision

The acquisition, disposal and appropriation of land will facilitate delivery of the Stadium and Southern Phases of the Northumberland Development Project which is a key component in the long term physical regeneration of Tottenham.