Agenda item

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

NB: This report will have been considered by the Planning and Transportation Committee on 10 March 2016 and the outcome will be reported verbally at the meeting.

The Committee considered a joint report of the Chief Planning Officer and the Comptroller and City Solicitor concerning the potential acquisition of land for planning purposes by agreement under section 227 (“S227”) of the Town & Country Planning Act 1990 (“TCPA”) enabling the operation of powers under Section 237 of the Town & Country Planning Act 1990 (“S237”) to facilitate the carrying out of the redevelopment of 21 Moorfields.

The Committee noted that the proposal had been approved by the Planning and Transportation Committee.

A Member referred to the importance of exercising powers such as this and expressed concern about the decision taken previously to remove the Policy and Resources Committee from the approvals process. He suggested that the proposal be revisited and reported back to Committee for consideration. Members supported his suggestion.

RESOLVED – That:-

1.     the acquisition of an interest in the Redevelopment Site by the City Corporation under S227 of the Town and Country Planning Act 1990 be approved 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, subject to the Town Clerk determining in consultation with the Chairman and Deputy Chairman of Planning and Transportation Committee:-

(i)              that adequate attempts had been made to remove injunction risks by negotiating release of affected rights of light by agreement and that those entitled to rights of light were 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;

(ii)             that there was suitable Indemnity in place; and

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

2.     the Policy and Resources Committee’s previous decision that appropriations such as this be determined in future only by the Planning and Transportation Committee be revisited and a report be brought back to the Committee on the matter.