Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
For the Executive to decide whether or not to comply with the Purchase Notice served by Chambers Properties Ltd requiring the purchase by the Borough Council of two areas of open space at Springfield Way, Stubbington.
A Purchase Notice is a legal notice that the owner can serve on the local planning authority where planning permission for the development of the land has been refused, and the land has become incapable of reasonably beneficial use in its existing state. A Purchase Notice can only be served in specific circumstances.
The land the subject of the Purchase Notice was purchased by Chambers Properties Ltd in 2018. In 2019 Chambers Properties Ltd applied for planning permission for the construction of housing on the land. That application was refused, and Chambers Properties Ltd are of the view that the land has become incapable of a reasonably beneficial use in its existing state, and has submitted a Purchase Notice to the Borough Council that requires the Council to purchase the land.
The Council must determine whether the land has a restricted use by virtue of an existing planning permission and therefore whether to refer the Purchase Notice to the Secretary of State.
RESOLVED that the Executive agrees that:
(a) the land the subject of the Purchase Notice has a restricted use by virtue of an existing planning permission; and
(b) the Council declines to confirm the Purchase Notice and refers it to the Secretary of State.
Report author: Gemma Knipe
Publication date: 19/05/2021
Date of decision: 17/05/2021
Decided at meeting: 17/05/2021 - Executive
Effective from: 29/05/2021
Accompanying Documents: