Agenda item

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The Committee received a report of the Chief Planning Officer and Comptroller and City Solicitor concerning the potential acquisition of land for planning purposes at 22 Bishopsgate.

The Chief Planning Officer advised of a late objection sent on behalf of Hiscox and indicated that the objection regarding Neighbourly Matters could be addressed by the City requiring compliance with the Neighbourly Matters Agreement in the Indemnity referred to at Recommendation (iii).

The Owners had advised that progress of the scheme was at risk due to a lack of certainty of the settlement of rights of light claims and had asked if the City would be prepared to consider intervening by utilising the powers under S227 to enable reliance on the powers in S237. For this to occur it would be necessary for the City to acquire an interest in the redevelopment site, and the City’s compensation liabilities to be indemnified by the Owners. Because of the strategic importance of the development and the need to achieve floor space targets in the Local Plan, all proper steps had been taken with Right of Lights claimants, and the use of powers under S227 were considered appropriate.

Some Members expressed concern that by intervening the City could be in danger of acting prematurely and setting a precedent. However the Chief Planning Officer advised that each case would need to be considered on its merits.

The Comptroller advised that the need to engage S237 had arisen from the large number of those affected with whom negotiations had taken place but where no agreement had been reached rather than due to any issues regarding progress of negotiations with any particular affected neighbour.

RESOLVED - That

That acquisition of an interest in the Redevelopment Site by the City Corporation under S227 of the Town and Country Planning Act 1990 in order to engage powers under S237 for the planning purpose of facilitating the carrying out of the Development (in its current form or as it may be varied or amended) and subsequent disposal of that interest to the Owners (or an associated company) under section 233 of the Town and Country Planning Act 1990 be approved in principle, and that the final decision to acquire be delegated to the Town Clerk, and be subject to him determining in consultation with the Chairman and Deputy Chairman of Planning and Transportation Committee:-

(i) that adequate attempts have been made to remove injunction risks by

negotiating release of affected rights of light by agreement and that those entitled to rights of light are not prepared, by agreement (on reasonable terms and within a reasonable time) to permit infringements of those rights in time to achieve the development programme; and

(ii) that there is a suitable Indemnity in place; and

(iii) the terms on which the acquisition and disposal referred to above are to be made