Report of: JOHN RICHARDSON
Subject: APPROPRIATION OF LAND AT ST HILDA’S (FOR NEW POLICE HEADQUARTERS) FROM PLANNING PURPOSES TO GENERAL PURPOSES
Date: 7 MARCH 2005
SUMMARY SHEET
1. PURPOSE AND SUMMARY OF REPORT (NOTE: Summary only needed if report more than 3 sides)
2. IF THIS IS A KEY DECISION WHICH KEY DECISION TEST APPLIES?
It is over the financial threshold (£75 000) It has a significant impact on 2 or more wards Non Key
3. SUMMARY OF RECOMMENDATIONS
That the Executive approve the proposed appropriation from planning purposes to general purposes for the benefit, improvement and development of the area.
4. DECISION IMPLEMENTATION DEADLINE
For the purposes of the scrutiny call in procedure this report is
Non-urgent Urgent report
If urgent please give full reasons D:\Docs\2018-05-01\066c5ac109a80ee9b3a9108720ff48d6.doc APPROPRIATION OF LAND AT ST HILDA’S (FOR NEW POLICE HEADQUARTERS) FROM PLANNING PURPOSES TO GENERAL PURPOSES
EXECUTIVE MEMBER FOR RESOURCES COUNCILLOR NICKY WALKER
7 MARCH 2005
PURPOSE OF THE REPORT
1. To seek Executive authority for the appropriation of the various parcels of land, shown edged red on the attached plan (the "Land") from planning purposes to general purposes under the Local Government Act 1972 for the benefit, improvement and development of the area.
BACKGROUND AND EXTERNAL CONSULTATION
2. The Land was acquired by the Council under various conveyances from the early sixties, up to December 2003. Part of the Land was used in connection with St Christopher's School, which was erected on adjoining land owned, in part, by The Catholic Diocese of Middlesbrough, and in part, by the Church of England Diocese of York Board of Finance. St Christopher's School closed in 1997 and was subsequently demolished. The more recently acquired part of the Land (William St/Wellington St area) was acquired in connection with the proposed regeneration of the former cathedral. The proposed regeneration was frustrated because the cathedral was destroyed by fire. The Land has been unoccupied since the properties were demolished. In November 2003, in light of the Council’s ongoing discussions/negotiations with the Cleveland Police Authority ("CPA") in connection with the Land, as a possible development site for the proposed new Police Divisional Headquarters, that part of the Land which had been used in connection with the school was appropriated for planning purposes.
3. Negotiations have continued to date, with the CPA. The CPA has now put together a form of PFI arrangements, to facilitate the development of a new Divisional Police Headquarters to be built on the Land and the adjoining land owned by the Catholic Diocese and the Church of England, which is reliant upon the co- operation of the Council in agreeing terms for a lease at a peppercorn rent with the CPA. The CPA hopes to finalise the PFI agreement in March and commence work on site in April or May 2005.
4. There are clear benefits to the community if the Council enters into such a lease in spirit of “partnership,” in terms of regeneration and achieving the aims of the Community Strategy and the Mayor’s Raising Hope agenda. The Council has an opportunity, by the proposed "partnership", to facilitate a landmark development in St Hilda's, which could trigger further investment in the Greater Middlehaven area.
5. The planning purposes, for which the Land was previously appropriated, have now been achieved and planning permission, for the proposed re-development, has been granted to the CPA. The CPA has agreed with the Council as Planning Authority to provide substantial contributions towards the necessary highway improvements by way of planning obligations.
6. An Executive report recommending the grant of a 60 year lease to the CPA, at a peppercorn rent, as the Council’s contribution to the “partnership,” has been prepared for the Executive's consideration today.
7. Section 232 of the Town and Country Planning Act 1990 gives an authority the power to appropriate land, held for planning purposes, for any other purposes for which it is lawfully permitted to acquire land. By Section 120(1)(b) of the Local Government Act 1972, an Authority is permitted to hold land for the benefit, improvement or development of the area.
8. The true purpose, for which the authority now holds the Land, is for the benefit, improvement or development of the area, rather than for planning purposes. The appropriation to those purposes will permit the Council greater freedom to deal with the Land for the benefit of the area.
OPTION APPRAISAL/RISK ASSESSMENT
9. The proposed appropriation will better reflect the current purpose for which the Land is held and will give the Council greater freedom to enter into the proposed “partnership” arrangements with the CPA and achieve the benefits for the community. Such "partnerships" with other public bodies are actively encouraged by current government guidance on the use of local authorities powers "Power to Promote or Improve Economic Social or Environmental Well-Being (Final Guidance) " of 14 May 2001.
D:\Docs\2018-05-01\066c5ac109a80ee9b3a9108720ff48d6.doc 10. If the land is not appropriated to general purposes, the current statutory purpose for which the land is being held, would not reflect the true purpose for which the land is being used and the Council would not have the same freedom to actively contribute to the “partnership” in the terms requested by the CPA, as any disposal of land, held for planning purposes, at less than best consideration, would require the Secretary of State's consent. An application to the Secretary of State would necessarily take time to process and introduce delays and uncertainty which would almost certainly jeopardise the proposed dates for completion of the PFI agreement and proposed start dates.
LEGAL IMPLICATIONS
11. The proposed appropriation will:
accurately reflect the actual purpose for which the land is being used. permit the Council greater freedom to use the Land for the benefit of the area, for example by entering into the proposed “partnership” with the CPA permit the Council to dispose of the land at less than best consideration, without the need for the specific consent of the Secretary of State, provided that the proposed disposal falls within the General Disposal Consent (Circular 06/03). The terms of that General Disposal Consent provide that no specific consent of the Secretary of State is required if the council is of the opinion that the proposed disposal will bring about an improvement to the economic, environmental and/or social well being of the area and the undervalue of the disposal is less than £2,000,000.
RECOMMENDATIONS
12. That the Executive approve the proposed appropriation from planning purposes to general purposes for the benefit, improvement and development of the area. For future management purposes the land will continue to be managed by the Council's Environment Services Department.
REASONS
13. As above.
BACKGROUND PAPERS
None
AUTHOR: JOHN RICHARDSON TEL NO: 729400 ______Address: Website: http://www.middlesbrough.gov.uk
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