Agenda item

Salford City Council - Record of Decision

I, Paul Dennett, City Mayor, in exercise of the powers contained within the City Council’s constitution do hereby:

1. Note the outcome of the advertising of the intention to appropriate, for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990, land at Brassington Avenue, Ryall Avenue South, Ordsall and The Green, Clifton (“Sites”) that are currently held for housing purposes; and

2. Approve the appropriation of the sites for planning purposes to facilitate development by the Council pursuant to recently granted planning consents for affordable housing provision on the sites, as the sites are no longer required to be held for their current purpose.

The Reasons are the three sites concerned comprise previously developed, vacant and underused land held for housing purposes. Homes England funding has been secured for the provision of affordable housing units on the Sites and planning consent has recently been approved for a mix of houses and apartments across the Sites that will provide 104 homes for affordable rent.

As the sites are all currently open to public access and may be impacted to varying degree by adverse third party rights as set out in the report, approval is sought for the appropriation of the land for planning purposes pursuant to section 122 of the Local Government Act 1972 and section 227 Town and Country Planning Act 1990, as the sites are no longer required to be held for housing purposes.

Land held for planning purposes is deemed to be held for development, redevelopment or improvement, which is likely to contribute to the economic, social or environmental well-being of the area or for a purpose which was necessary in the interests of the proper planning of the area in which the land is situated. If the sites are held for planning purposes, any potential third party rights affecting the sites may be capable of being overridden pursuant to section 203 Housing and Planning Act 2016.

Assessment of Risk is Low

The source of funding: There are no direct financial implications of this appropriation of land, but there is a low risk of future compensation claims arising from the potential interference with third party rights which would have to be met by the City Council from within its Capital Programme.

Legal Advice obtained:  Kathryn Lawrence, Bevan Brittan LLP

Financial Advice obtained:  Alex Archer, Finance Manager

Procurement Advice obtained: Yes n/a

Climate Change obtained: Yes n/a

HR Advice obtained: Yes n/a

The following documents have been used to assist the decision process

Public briefing report submitted to Property/Regeneration Briefing on 8 February 2020

Contact Officer: John Nugent (Property Services)        

Tel No 0161 779 6072

This decision was published on Monday 8 February 2021.

This decision will come in force at 4.00 pm on Monday 15 February 2021 unless it is called-in in accordance with the Decision Making Process Rules.