69 Appropriation of land for Planning Purposes
Report of the Deputy Chief Executive & Corporate Director Resources
Supporting documents:
Minutes:
Cllr Tamara Reay, Cabinet Member for Transport and Assets presented a report which requested the appropriation for planning purposes land at Darcy Close and the Former Resource Centre, Cherry Orchard, Marlborough.
Cllr Reay explained that in order to ensure that development of those sites is not prevented through covenants over the lands, it was proposed that Cabinet approve their Appropriation for Planning Purposes. The proposals would then mean that any beneficiary of those covenants cannot legally stop development, but would be entitled to compensation for loss, if any.
Cllr Ian Thorn, Leader of the Liberal Democrat Group, welcomed the proposals and asked about the covenants for both sites. In response to the question Cllr Reay along with officers explained that the acquisition of Darcy Close was necessary to satisfy conditions attached to the development of Rawlings Green that received planning permission in October 2021. The Cherry Orchard site was declared surplus by Cabinet in 2017 and in July 2019 it was agreed to transfer the site to the Stone Circle Company.
Cllr Clare Cape asked about the impact on traffic using roads from the Rawlings Green development to Darcy Close and into Station Hill, Chippenham. Cllr Reay explained that Highways would have been a consultee during the planning application stage, although a written response would be provided.
Resolved:
Cabinet appropriates for planning purposes the land at Darcy Close and part of the cycleway on the disused railway line, Chippenham for planning purposes (as shown on the plan in Appendix 1 to the report) and the Former Resource Centre, Cherry Orchard, Marlborough (as shown on the plan in Appendix 2 to the report) under section 122 of the Local Government Act 1972.
Reason for Decision:
To enable development to take place, for which planning permission has been granted, subject to conditions.
The Council will generate capital receipts.