• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
M E T R O P O L I T A N B O R O U G H O F K N O W S L E Y
 To: The Chairman and Members of the Appeals CommitteeMeeting: 20 October 2009Wards Affected: All Kirkby WardsPortfolio Areas: Regeneration, Economy and SkillsNon-Key Decision
REPORT OF THE EXECUTIVE DIRECTOR
 
OF CORPORATE RESOURCES
 
APPROPRIATION AND DISPOSAL OF OPEN SPACE LAND TO THE EASTOF VALLEY ROAD AND THE SOUTH OF CHERRYFIELD DRIVE, KIRKBY
 
1. PURPOSE OF REPORT
1.1 The purpose of this report is to advise the Appeals Committee of objections received following the public advertisement of the Council’sintention to appropriate open space land in Kirkby Town Centre for planning purposes pursuant to Section 122 (2A) of the LocalGovernment Act 1972, and then to dispose of that land for planningpurposes pursuant to Section 233 of the Town and Country PlanningAct 1990.1.2 The report requests the Appeals Committee to determine whether or not the appropriation and subsequent disposal of the relevant openspace land should be approved as publicly advertised, after takingaccount of the representations made by the objectors and theExecutive Director for Regeneration, Economy and Skills, theExecutive Director for Children and Family Services, and the ExecutiveDirector for Neighbourhood Services.
2. RECOMMENDATIONS
Members of the Appeals Committee are recommended to:-(a) determine whether or not to consider objections received after the deadline set out in the public advertisement (as discussed inparagraph 3.9 of this report);(b) subject to the outcome of (a) above, consider the responsesfrom objectors alongside the comments of the Executive
Agenda Item 3
Page 3
 
Director for Regeneration, Economy and Skills, the ExecutiveDirector for Children and Family Services, and the ExecutiveDirector for Neighbourhood Services following the publicadvertisement of the Council’s intention to appropriate openspace land in Kirkby Town Centre as set out in the report for planning purposes pursuant to Section 122 (2A) of the LocalGovernment Act 1972;(c) in the light of (b) above, determine whether or not theappropriation of the open space land in Kirkby Town Centre asset out in the report should be made as publicly advertised;(d) (only if the Appeals Committee determines to approve theappropriation), consider the comments of the objectors and theExecutive Director for Regeneration, Economy and Skills, theExecutive Director for Children and Family Services, and theExecutive Director for Neighbourhood Services on the publicadvertisement of the Council’s intention to dispose of the openspace land in Kirkby Town Centre as set out in the reportpursuant to Section 233 of the Town and Country Act 1990; and,(e) in the light of (d) above, determine whether or not the disposal of the open space land in Kirkby Town Centre as set out in thereport should be made as publicly advertised.
3. BACKGROUND
3.1 The Planning Committee’s June 2008 decision on the application fromTesco and Everton Football Club with regard to the potentialredevelopment of Kirkby Town Centre was ‘called in’ by the Secretary of State. As a result of this decision, a Public Inquiry was held earlier in2009 and a decision from the Secretary of State is awaited.3.2 The Council has entered into conditional arrangements for the disposalof the site, which will enable the site to be disposed of on a phasedbasis subject to the satisfactory progress of works on the previousphases. Part of the land included within the conditional disposalarrangements is open space land. In order for the Council to actuallydispose of this part of the site to Tesco and Everton, further statutorylegal processes must be undertaken relating to the appropriation of thisland for planning purposes and its subsequent disposal.3.3 The part of the site shown edged red on the plan attached at AppendixB is open space land in the ownership of the Council. Section 122 (1)of the Local Government Act 1972 (the 1972 Act) (Appendix A)provides that land held by the Council for one purpose may beappropriated for another purpose if immediately before theappropriation the land is no longer required for the purpose for which itis held. In addition, Section 122 (2A) of the 1972 Act provides that a
Page 4
 
local authority may not appropriate under Section 122 (1) any landforming open space unless before appropriating the land it gives noticeof its intention to do so by placing an advertisement for two consecutiveweeks in a local newspaper. The Council must thereafter consider anyobjections to the proposed appropriation.3.4 Under planning legislation, “planning purposes” means “the land issuitable for and required in order to secure the best use of that or other land including the carrying out of development,redevelopment/improvement or that it is required to achieve the proper planning of the area”.3.5 In the circumstances, it is therefore necessary for the land to beappropriated for planning purposes so that, in the event that planningpermission is granted by the Secretary of State, the proposeddevelopment can be carried out.3.6 The Council’s intention to appropriate for planning purposes the openspace land edged red on the plan attached was advertised for twoconsecutive weeks in a local newspaper to comply with therequirements of Section 122 (2A) of the Act. The advertisements wereplaced in the Liverpool Daily Post on 1 July 2009 and 8 July 2009, andobjections were invited to be returned to the Council’s Head of LegalServices by 5 August 2009 (see Appendix B).3.7 Appropriating the land for planning purposes would enable a disposalto take place to the proposed developer, and this would secure thecarrying out of the proposed development works to be implementedshould planning permission be granted in due course. Section 233 of the Town and Country Planning Act 1990 (the 1990 Act) (Appendix A)provides that land appropriated for planning purposes may be disposedof by an authority in order to secure the best use of the land or theconstruction of buildings or the carrying out of works that are neededfor the proper planning of the area. This enables the provisions of Section 237 of the 1990 Act to apply so that any private rights (such asrestrictive covenants and easements) affecting the use of the land areoverridden on land held for planning purposes where later developmentis carried out in accordance with a planning permission.3.8 The Council is required under Section 233 (4) of the 1990 Act to givenotice of its intention to dispose of land which consists of or forms partof an open space under these provisions by placing an advertisementfor two consecutive weeks in a local newspaper. The Council mustthereafter consider any objections to the proposed disposal. Again, thenecessary advertisements were placed in the Liverpool Daily Post on 1July 2009 and 8 July 2009, and objections were invited to be returnedto the Council’s Head of Legal Services by 5 August 2009 (seeAppendix B).
Page 5
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...