Agenda item

The Council held land for various statutory purposes to perform its functions and, subject to certain provisos, could use powers to transfer the use of land from one purpose to another. Relevant properties at the following locations were currently held for housing purposes and had to be appropriated for planning purposes to enable Council house developments to proceed:

-       Auckland Road and Windmill Close, Caterham

-       Featherstone, Blindley Heath

-       Hollow Lane, Dormansland

The appropriation process had commenced in accordance with previous Committee decisions and a report was submitted which informed Members of the outcome of consultation with affected residents, i.e.:

·           one objection in respect of the proposed Windmill Close development

·           thirteen responses in respect of the proposed Hollow Lane development, although there were no outright objections to affordable housing on the garage site or the appropriation process itself – the main concerns related to the proposed design of the flats and the parking court. 

The key observations and conclusions of the report were that:

Auckland Road and Windmill Close, Caterham

       Appropriation of the sites for the economic, social and environmental well-being of the areas is justified when set against the very great need for affordable housing in the District.

Featherstone, Blindley Heath

The size of open space proposed to be used for the proposed development is negligible and its loss will not compromise current usage. On balance, the loss of the space can be justified due to the significant demand for affordable housing locally.  

       The current flats at 63-78 comprise 8 bedsits and 8 one beds.  They are small and outdated and do not meet the current insulation standards.  They have suffered from condensation and dampness for many years and are very expensive to repair. Roof and window replacements are due in the next few years, requiring significant investment in an otherwise failing building.  Replacing the properties with modern, well insulated buildings designed to be operationally net zero carbon is a better and more cost-effective approach. The redevelopment will enable the Council to respond to the significant need for family sized housing in the area. As part of the appropriation process, the consent of the Secretary of State is required where there is existing housing on the site. Information will be submitted to demonstrate that the land is no longer required for the purpose for which it is held and that the appropriation of the site for the proposed redevelopment, which will contribute to the economic, social and environmental well-being of the area, is justified in these specific circumstances.

Hollow Lane, Dormansland

The consultation feedback will be discussed with the architect and a site meeting with residents will take place in the coming weeks.  Further liaison with residents and the Parish Council will take place as the plans evolve.

Appropriating the land for planning purposes does not mean that planning approval will be granted.  The appropriation of the site for the economic, social and environmental well-being of the area should be considered justified when set against the very great need for affordable housing in the District.  As and when a planning application is submitted for the scheme, the land will already be held for the correct purpose and any third-party rights will have been identified and considered.

Some properties have rights of way over the access road through the garage site. If planning approval is granted, the Council will endeavour to minimise any disruption during the development and will keep residents informed throughout the process. Whilst the appropriation would enable the development to proceed if planning permission is granted, the Council would be required to pay compensation for interference with any valid third-party rights. 

The residential development of the garage site would necessitate the provision of alternative parking elsewhere.  The proposals include the creation of a parking court in New Farthingdale to compensate for the loss of parking at Hollow Lane garages and help ease the parking issue in New Farthingdale.  The Parish Council has previously expressed a desire to explore the idea of re-designing the central green areas of New Farthingdale to provide additional parking spaces and recognises the need to improve accessibility for vehicles.

The proposed parking site is publicly maintainable highway land and, notwithstanding the residents’ concerns, it is not a village green or open space and cannot be considered as land for public recreation given its status as highway land.  Before the Council can appropriate this land for planning purposes, a process must be followed to remove highway rights and extinguish the rights of the public to pass and repass.  This process results in the making of a legal order known as ‘stopping up the highway’.

The report also confirmed that, on completion of any development, the land would need to be appropriated back to housing land from planning purposes.

Arising from the debate, Officers advised that the Council’s housing allocations scheme sought to address the greatest housing needs of the whole District and didn’t seek to restrict availability to those in the immediate vicinity of particular schemes. However, Community Land Trusts (non-profit organisations that own and develop land for the benefit of the community) were potential vehicles for providing affordable homes for local people and the Council could work with them to seek appropriate sites. 

          R E S O L V E D – that:

A.     in respect of the proposed development sites at Featherstone open space, Hollow Lane, Auckland Road and Windmill Close, the land at each site be appropriated for planning purposes to facilitate the redevelopment of the land for the proper planning of the area and contribute to its economic, social and/or environmental wellbeing;

B.     in respect of the land at Featherstone, the Council the consent of the Secretary of State be sought for the appropriation of housing land for planning purposes by demonstrating that the land is not required for the purposes for which it is currently held and that the use of the power of appropriation is in the public interest;

C.     in respect of the land at New Farthingdale, the land be appropriated for planning purposes in order to facilitate the redevelopment of the land for the proper planning of the area and contribute to its economic, social and/or environmental wellbeing, following the stopping up of any highway land required as a result of the proposed redevelopment; 

D.     in respect of all of the aforementioned sites, delegated authority be provided to the Executive Head of Communities:

(i)      subject to any necessary statutory consents and procedures in relation to Featherstone and New Farthingdale (outlined in recommendations B and C above) to sign a memorandum for:

·           Hollow Lane, Dormansland

·           New Farthingdale, Dormansland

·           Auckland Road, Caterham

·           Windmill Close, Caterham

·           Featherstone, Blindley Heath

stating in each case that the land is appropriated from housing to planning purposes;

(ii)     to sign a memorandum for Featherstone Open Space stating that the land is appropriated from general fund to planning purposes; and

(iii)   at the appropriate time, to sign a memorandum for each site stating that the land is appropriated from planning purposes to housing.