Agenda item

Joint report of the Chief Planning and Development Officer and the Comptroller and City Solicitor.

The Committee considered a joint report of the Comptroller & City Solicitor and the Chief Planning Officer in respect of an update about rights of light issues affecting development.  Members noted the recent changes in the law relating to the use of planning powers to override rights of light, easements and other rights attached to land and agreed that the general approach to these powers, as adopted in 2011, be slightly modified to reflect the changes in law.

Resolved:-That the Planning and Transportation Committee recommend to the Court of Common Council, that the arrangements they agreed in 2011 for exercising powers relating to overriding rights of light and other rights be continued under the new statutory provisions in Section 203 of the Housing and Planning Act 2016 (“S.203”) by resolving as follows:

1.         acquisitions of interests in land under S.227 Town and Country Planning Act 1990 or appropriations for planning purposes, may be considered on a case by case basis in order to engage S.203 powers to allow developments to proceed (where they would otherwise be inhibited  by injunctions or threats of injunctions prohibiting infringements of rights of light) subject to: (i) such development being in the public interest, such public interest being sufficient to justify interference  with any private rights and proportionate; (ii) the relevant criteria in Appendix 1 being met (iii) all financial liabilities of the City being indemnified; and (iv) where feasible and appropriate in the circumstances of the case, prior consultation being carried out in accordance with paragraph 14 of this report;

2.         where such acquisitions or appropriations are so considered on a case by case basis, the Planning and Transportation Committee be authorised to determine whether such acquisition or appropriation may be authorised; and

3.         where the Planning and Transportation Committee determine that such acquisition or appropriation be authorised they may delegate the determination of such matters as they see fit and the final decision to the Town Clerk, in consultation with the Chairman and Deputy Chairman of that Committee:. the matters to be determined by the Town Clerk may include (i) whether adequate attempts have been made to remove injunction risks by negotiating the release of affected rights of light by agreement; (ii) 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 (iii) the terms on which the acquisition or appropriation is to proceed.