Decision details

BANES Council has entered into a Development Agreement with Legal and General Development Asset Holdings (L&G) (together the Parties) for the development of the Bath Quays North Site, Plots 1 to 7.

At the Council's Cabinet meeting on 6 February 2019 a decision was taken to delegate authority to officers to take all necessary acts to appropriate the BQN Site for planning purposes to facilitate the carrying out of the redevelopment of the Site

Prior to the Director considering a report on the appropriation of the Site for planning purposes, it is proposed that Steps 1 and 2 outlined below should be undertaken.

Approval is now being sought, on a phased basis, to proceed by following the Steps outlined below in relation to Plots 1 to 5 (Phase 1) of the Site.

Step 1:
BANES Council to issue public notices of the intention to consider appropriation of the Site for planning purposes using informal site notices and advertisements in a local newspaper. The notices will:

explain the background (Council's decision of 6 February 2019) and state that it was proposed that a report on the appropriation of the land for planning purposes would be considered by the relevant officer.

explain what the effects of appropriation would be in terms of s203 (overriding) and s204 (compensation).

invite anyone who considers that they have the benefit of a legal right which would be infringed by the development and who wishes to comment on the proposed appropriation to write to the Council by a specified date, including details of their right.
It is proposed the public notice be given in May 2021.

Step 2:
Following the issue of the public notices, L & G, as developer and on behalf of the Parties, will proceed to make contact with potentially affected parties to open negotiations with them for the release of rights where appropriate.

Step 3:
If, following the issue of notices and attempted negotiations there remain any unreleased rights or historic encumbrances associated with property title or all potentially affected rights or their beneficiaries cannot be identified the Director will consider whether to appropriate Plots 1-5 of the Site for planning purposes taking into account Steps 1 and 2 .

A period of up to six months from the time of public notices is to be allowed to enable the Parties to agree the release of rights by the affected parties prior to any decision to consider appropriation.

In connection with Phase 1, of the Bath Quays North Development:

• Approve the issue of a public notice/s outlined in Step 1. Notices comprising informal site notices and advertisements in a local newspaper.

• Approve Step 2, permitting L & G to proceed, on behalf of the Parties, to make contact with potentially affected parties to open negotiations with them for the release of rights where appropriate.

• Note Step 3, which may require a further officer delegated decision in due course.

Options ranged from do-nothing through to the issue of public notices and negotiations. The Council has opted to provide the greatest opportunity for affected parties to outline and resolve, by agreement, the release of rights before any consideration is given to proceeding with appropriation.