Issue - meetings

To receive the report of the Cabinet Member for Finance and Assets and the Cabinet Member for Local Economy

            RESOLVED

            That the land edged red on the plan attached as Appendix 1 to the report be appropriated for planning purposes under Section 122(1) of the Local Government Act 1972.

            REASONS

(i)         The appropriation of the car park is necessary and in the public interest to secure the benefits of redevelopment of the site to provide a new car park with improved facilities.

(ii)        Appropriation of the site will enable the development to proceed without the risk of an injunction from adjoining landowners.

(iii)       Appropriation will limit the level of compensation payments to the value of the diminution in value of affected properties.

The Cabinet Member for Finance and Assets reported that a planning application for a new 516 space car park at Piries Place, consisting of a ground plus four upper floors had been approved by Planning Committee (North) on 6^th February 2018.  The Planning Committee considered officers’ comments that the proposal would adversely impact the rights of adjoining building owners but that it was in the public interest.

In the private sector, negotiations to deal with owners’ rights, such as Rights to Light and other easements, were dealt with by commercial negotiation depending on the bargaining position of the parties and settlements could include a share of development gain.  In the public sector, local authorities could appropriate land, which enabled the interference with property rights with payment of fair compensation.  Appropriation of land could take place if the local authority owned the land and proposed to develop it to promote or improve the economic, social or environmental well-being of their area and/or if the future use provided different facilities to the current use.  The car park at Piries Place satisfied these requirements and therefore could be appropriated by the Council.  Full details of the Council’s powers in this respect were reported.

            RESOLVED

            That the land edged red on the plan attached as Appendix 1 to the report be appropriated for planning purposes under Section 122(1) of the Local Government Act 1972.

            REASONS

(i)         The appropriation of the car park is necessary and in the public interest to secure the benefits of redevelopment of the site to provide a new car park with improved facilities.

(ii)        Appropriation of the site will enable the development to proceed without the risk of an injunction from adjoining landowners.

(iii)       Appropriation will limit the level of compensation payments to the value of the diminution in value of affected properties.