Part 1
ITEM NO.
___________________________________________________________________
REPORT OF STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION
___________________________________________________________________
TO THE LEAD MEMBER FOR PROPERTY ON 9 MARCH 2010
___________________________________________________________________
TITLE: LAND AT BARTON – APPROPRIATION.
___________________________________________________________________
RECOMMENDATION:
It is recommended that the Lead Member for Property use his powers under Section
J Paragraph K (iii) of the Council's constitution to appropriate land at Barton for
planning purposes.
___________________________________________________________________
EXECUTIVE SUMMARY:
The City Council is the owner of an area of land at Barton. The site has been
identified, along with other adjoining land in private ownership as the site for a new
stadium for Salford City Reds Rugby League Football Club, together with supporting
development.
Part of the site is subject to a restrictive covenant which could prevent the proposed
development taking place.
The appropriation of the land will allow the Council to override these third party rights
and undertake the development although compensation will be payable to any
persons suffering loss.
___________________________________________________________________
BACKGROUND DOCUMENTS: None available.
___________________________________________________________________
KEY DECISION:
Yes. Forward Plan Item 72. - ‘The future of Rugby in Salford’
___________________________________________________________________
DETAILS:
1.0
Background
1.1
The City Council is the owner of land at Barton which is shown edged in red
on Annex A.
1.2
The land, together with other land in private ownership, was identified by Red
City Developments Ltd as being suitable for redevelopment to provide a new
20,000 seat stadium for Salford City Reds Rugby League Football Club,
together with ancillary supporting development.
1.3
Unfortunately Red City Developments Ltd went into administration but the City
Council is now working with a private sector partner to bring about the
development albeit in a revised form.
1.4
However that area of the site which is shown hatched in red on Annex A is
subject to a covenant which restricts the use to public open space, agricultural
or amenity use although this was varied in 2002 to include for use for B1, B2
and B8 uses as defined under the Town and Country Planning Use Classes
Order 1987.
1.5
This covenant could prevent the proposed development taking place.
2.0
Details
2.1
Under Section 122 of the Local Government Act 1972 the City Council can
appropriate land within its ownership for any purpose for which it is authorised
to acquire land by agreement.
2.2
Where land is appropriated for planning purposes, the consequence (by virtue
of Section 237 of the Town and Country Planning Act 1990 (as amended)) is
that the erection, construction or carrying out of any building or work on the
subject land is authorised, if is done in accordance with planning permission,
even if it involves the interference with third party rights.
2.3
The purpose of Section 237 of the Town and Country Planning Act 1990 (as
amended) is to ensure that where land has been appropriated for planning
purposes, the existing rights, which could prevent the development of the land
from proceeding in accordance with the planning permission, can be
overridden.
2.4
It is not considered that there will be any significant financial implications
arising directly from the report other than there might be a future
compensation claim arising from the potential interference with third party
rights.
3.0
Recommendation
3.1
It is recommended that the Lead Member for Property use his powers under
Section J Paragraph K (iii) of the Council's constitution to appropriate the land
at Barton for planning purposes.
Paul Walker
Strategic Director for Sustainable Regeneration
KEY COUNCIL POLICIES:
Connecting people to opportunities: Sustainable Community Strategy for 2009-2024:
Theme 7: to deliver a city that’s good to live in.
___________________________________________________________________
EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: - Not applicable
___________________________________________________________________
ASSESSMENT OF RISK: Low. However the appropriation could give rise to claims
for compensation which would be assessed under the Compensation Code.
___________________________________________________________________
SOURCE OF FUNDING: It is not anticipated that the intended course of action
detailed within the report will bring about a requirement for funding.
___________________________________________________________________
LEGAL IMPLICATIONS Supplied by Ian Sheard x 3084
Legal comments are incorporated into the Report
___________________________________________________________________
FINANCIAL IMPLICATIONS Supplied by Frank O’Brien (Tel. 0161 793 2585)
The appropriation will safeguard the Councils position with regard to the Barton site.
___________________________________________________________________
OTHER DIRECTORATES CONSULTED: Not applicable
___________________________________________________________________
CONTACT OFFICER: Phil Holden
TEL. NO. 779 6069
___________________________________________________________________
WARDS TO WHICH REPORT RELATES: Irlam, Barton.
___________________________________________________________________
Land at Barton
Plan.pdf
Land at Barton
Press.doc