Cabinet:

1. Based on the reasons set out in the report before them,  Agreed in principle :

                                       i.          subject to Recommendation 2 below that the land referred to below bounded by New Zealand Way, Queenstown Gardens and Gisborne Gardens, Rainham RM13 8JT, (shown in redline boundary on the plan attached as Appendix 1 to the Report) is no longer required to be held for the purposes for which the Council presently holds it and that it should be appropriated to planning purposes with a view to its subsequent development in due course;

                                     ii.          to appropriate the land at New Zealand Way for planning purposes under S122 (1) of the Local Government Act 1972;

and

2. Authorised, for the purposes of carrying out Recommendation 1.ii above and in accordance with section 122(2A) Local Government Act 1972, that notices are placed in a local newspaper circulating in the area for two consecutive weeks expressing both an intention to appropriate the land to planning purposes and following the completion of the process, Authorise the Director of Regeneration Programme Delivery following consultation with the Lead Member for Regeneration,

                                               i.          to consider any objections to the intended appropriation before it is made

                                              ii.          to consider also the outcome of the Equalities Impact Assessment before the intended appropriation is made.

3. Given the above, delegated authority to the Director of Regeneration Programme Delivery, following consultation with Lead Member for Regeneration and Head of Legal and Democratic Services to:

                           i.          determine and implement the appropriation;

                          ii.          agree the timing of the implementation and all matters related to appropriation;

                        iii.          undertake all the appropriation processes in respect of the site; and

                        iv.          deal with all matters arising from the decision and to complete appropriation process.  This is to include completion of the statutory processes for the appropriation of the open space and the appropriation for planning purposes in respect of the site, in the event that there are no representations on the above issues.

The Report was presented to Cabinet by the Assistant Director of Development, Kevin Hazlewood. On 16 August 2018 the Council granted the Outline Planning Permission under application reference P1004.18 to develop 30 new affordable dwellings at New Zealand Way. The development would comprise 2 bedroom and 3 bedroom houses, with associated landscaping and car parking, on the land bounded by New Zealand Way, Queenstown Gardens and Gisborne Gardens, Rainham.  The Decision Notice was issued on 17 August 2018. 

The proposed development site at New Zealand way is classified as highways maintainable at public expense and it is highway verge. For the proposed development to go ahead the Council, like any other developer, is required to carry out a stopping up process. On 22 November 2018 the Planning Committee granted a resolution to authorise commencement of stopping up process. The stopping up notice reference HAV017087 was displayed on site on 25 January 2018 and it is due to expire on 22 February 2019.

In order to override any private rights in the land it is considered prudent to appropriate the land for planning purposes and be statutorily compliant.  The matter is therefore before Cabinet to seek approval  to agree the appropriation and facilitate the proposed development at New Zealand Way.  Following discussion,

Cabinet:

1. Based on the reasons set out in the report before them,  Agreed in principle :

                                       i.          subject to Recommendation 2 below that the land referred to below bounded by New Zealand Way, Queenstown Gardens and Gisborne Gardens, Rainham RM13 8JT, (shown in redline boundary on the plan attached as Appendix 1 to the Report) is no longer required to be held for the purposes for which the Council presently holds it and that it should be appropriated to planning purposes with a view to its subsequent development in due course;

                                     ii.          to appropriate the land at New Zealand Way for planning purposes under S122 (1) of the Local Government Act 1972;

and

2. Authorised, for the purposes of carrying out Recommendation 1.ii above and in accordance with section 122(2A) Local Government Act 1972, that notices are placed in a local newspaper circulating in the area for two consecutive weeks expressing both an intention to appropriate the land to planning purposes and following the completion of the process, Authorise the Director of Regeneration Programme Delivery following consultation with the Lead Member for Regeneration,

                                               i.          to consider any objections to the intended appropriation before it is made

                                              ii.          to consider also the outcome of the Equalities Impact Assessment before the intended appropriation is made.

3. Given the above, delegated authority to the Director of Regeneration Programme Delivery, following consultation with Lead Member for Regeneration and Head of Legal and Democratic Services to:

                           i.          determine and implement the appropriation;

                          ii.          agree the timing of the implementation and all matters related to appropriation;

                        iii.          undertake all the appropriation processes in respect of the site; and

                        iv.          deal with all matters arising from the decision and to complete appropriation process.  This is to include completion of the statutory processes for the appropriation of the open space and the appropriation for planning purposes in respect of the site, in the event that there are no representations on the above issues.