To recommend the appropriation of land at Coopers Hill for planning purposes and the engagement of statutory provisions which permit a local authority to override easements and other rights in land that has been appropriated for planning purposes.
RECOMMENDED to the Executive Member for Transformation & Finance:
1 That the appropriation of the land at Coopers Hill edged red on the plan attached as exempt Annex B of the Chief Executive’s report be confirmed for planning purposes under Section 122(1) of the Local Government Act 1972;
2 That the powers to resolve all matters arising therefrom be delegated to the Borough Solicitor;
3 That the Property be redeveloped pursuant to the planning permission 21/00233/FUL or any variations to it or new planning permissions in respect of the property and that the provisions of s203-s206 of the Housing and Planning Act 2016 will apply to override rights, easements and covenants in favour of neighbouring and nearby properties that could be infringed by the development;
4 That delegated authority be granted to the Assistant Director; Property Services in consultation with the Borough Solicitor and the Executive Director: Resources to agree the settlement and documentation of any statutory claims with owners and occupiers of the neighbouring properties, together with any associated fees; to document any associated agreements, deeds of release etc that may be required; and,
5 That the cost of the proposed settlement of compensation payments and associated fees affected by this scheme be met by the Bracknell Forest Cambium Partnership, pursuant to the existing development agreements.