Agenda item

(a)  Noted that the plan of the land to be appropriated for development attached to both the Cabinet and the Council reports  mistakenly referred to the land shown edged red on the plan, whereas in fact the proper extent of the land to be appropriated is the land shown edged orange on the plan attached at Appendix B of the report in the supplementary agenda II. The land shown edged red on the plan attached to the earlier reports is the footprint of the larger Montem site, and includes land that is not being appropriated.

(b)  Agreed to appropriate the Montem site to planning (shown edged orange on the plan attached at Appendix B of the report in the supplementary agenda II) under section 226 of the Town and Country Planning Act 1990 on the grounds that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land, and the proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area.

(c)  Agreed that officers be authorised to take all necessary steps to appropriate the site (shown edged orange on the plan attached at Appendix B of this report) for planning purposes to facilitate the carrying out of development, redevelopment or improvement on or in relation to that land.

(d)  Agreed to recommend to full Council to revoke its resolution of 22 September 2022.

The Cabinet considered a further report regarding the appropriation land at the Montem Lane site.

The background was noted in that on 18th July 2022 Cabinet had resolved to recommend to full Council that officers be authorised to take all necessary steps to appropriate the Montem site (shown edged red on the plan in Appendix 5 of that report) for planning purposes to facilitate the carrying out of development, redevelopment or improvement on or in relation to that land.

On 22 September Council resolved to appropriate the Montem site to planning (shown edged red in the plan at Appendix 1) under section 226 of the Town and Country Planning Act 1990 on the grounds that the acquisition would facilitate the carrying out of development, redevelopment or improvement on or in relation to the land, and the proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area.

The plan of the land to be appropriated for development attached to both the Cabinet  and the Council reports mistakenly referred to the land shown edged red on the plan, whereas in fact the proper extent of the land to be appropriated is the land shown edged orange on the plan attached at Appendix B of the report in the supplementary agenda II. The land shown edged red on the plan attached to the Cabinet and the Council reports was the footprint of the larger Montem site, and includes land that was not being appropriated.  The Cabinet was therefore asked to retake the decision with the correct map.

Councillors Smith and Strutton addressed the Cabinet and expressed concern about the errors in the previous reports and asked about any impacts on the public rights of way.  The Leader of the Council responded that this was a technical decision in relation to the appropriation of the land and did not in any way change the plans for the site as per the planning approval.  The development would enhance the public space in the area with a developer contribution of circa £500,000.

At the conclusion of the discussion the recommendations set out in Supplementary Agenda II were agreed.

Resolved –

(a)  Noted that the plan of the land to be appropriated for development attached to both the Cabinet and the Council reports  mistakenly referred to the land shown edged red on the plan, whereas in fact the proper extent of the land to be appropriated is the land shown edged orange on the plan attached at Appendix B of the report in the supplementary agenda II. The land shown edged red on the plan attached to the earlier reports is the footprint of the larger Montem site, and includes land that is not being appropriated.

(b)  Agreed to appropriate the Montem site to planning (shown edged orange on the plan attached at Appendix B of the report in the supplementary agenda II) under section 226 of the Town and Country Planning Act 1990 on the grounds that the acquisition will facilitate the carrying out of development, redevelopment or improvement on or in relation to the land, and the proposed development, redevelopment or improvement is likely to contribute to achieving the promotion or improvement of the economic, social or environmental well-being of the whole, or any part, of their area.

(c)  Agreed that officers be authorised to take all necessary steps to appropriate the site (shown edged orange on the plan attached at Appendix B of this report) for planning purposes to facilitate the carrying out of development, redevelopment or improvement on or in relation to that land.

(d)  Agreed to recommend to full Council to revoke its resolution of 22 September 2022.