Decision details

In the absence of Councillor John Reynolds, Councillor Peter Bilson presented the Appropriation of Land at Railway Street for Planning Purposes report, that was exempt as it contained information relating to the financial or business affairs of any particular person (including the authority holding that information). The report was agreed subject to an amendment to the first recommendation.

Resolved:

1.    That it be resolved with immediate effect to appropriate land known as Railway Street car park shown edged red on the Plan at Appendix 1 to this report which is held by City of Wolverhampton Council as highway land having a temporary use as a public car park to Planning Purposes (for an office led commercial and office mixed use development with scope for ancillary retail, residential and leisure uses failing within Classes A2, A3, A4, A5 B1a, C3 and D2 of Town & Country Planning (Use Classes Order) 1987 (as amended) under Section 122 of the Local Government Act 1972 in connection with the proposed development, redevelopment or improvement of the City of Wolverhampton which is likely to contribute to the economic, social or environmental well-being of the City Council’s area.

2. That it be noted that the appropriation of the car park is necessary and in the public interest to secure the benefits of redevelopment of the site.

3. That it be noted that appropriation of the site will enable the development to proceed without the risk of an injunction from adjoining landowners.

4. That it be noted that appropriation will limit the level of compensation payments to the value of the diminution in value of affected properties.

5. That it be noted that at its meeting on 20 February 2018, Cabinet declared the Council’s land holding at Railway Street car park surplus to requirement.

6. That it be noted that the parcel of land in question is one of numerous development sites outlined in the Interchange Master Development Agreement (2006) and subsequent amendments. The MDA places obligations on Neptune Developments Limited (now ION) to develop these sites.

7. That it be noted that the parcel of land in question has been identified as a development site in the City Centre Area Action Plan, adopted September 2016.

8. That it be noted that Appropriation of the land for planning purposes under s.122 of the Local Government Act 1972 is one of the criteria required to be satisfied in order to engage s.203 of the Housing and Planning Act 2016.

9. That it be noted that when s203 of the 2016 Act is engaged s204 provides that compensation will be paid on a diminution in value basis. If the interests to be overridden relate to private Rights to Light, damages may also be payable in lieu of an injunction.