The Committee gave further consideration to the report referred to in Minute 2 above.  Appendices 4 (Point 2 Rights of Light Survey) and 5 (Legal, Financial and Risk Annex) of the report included information exempt from publication.  The following additional information was tabled at the meeting:

·         A letter from the solicitors representing the neighbouring landowner, dated 24 May 2024;

·         A response from the Assistant Director of Legal and Democratic Services on behalf of the Council, dated 28 May 2024;

·         A further response from the solicitors representing the neighbouring landowner, dated 28 May 2024.

The Committee were informed that, on the basis of the tabled correspondence, the wording of the recommended delegation of authority to officers had been amended to clarify the sequencing of proposed actions (see resolutions (3) and (4) below).

Resolved –

(1)          That the following be noted:

a.    the understanding that the powers which the land that the Hexagon Studio Theatre would be built on were held,

b.    the need for certainty that the development could go ahead without the risk of being impeded by private law rights,

c.    the impact of the Hexagon Studio Theatre development on the Rights of Light,

d.    the Rights of Light report set out at Exempt Appendix 4,

e.    the correspondence tabled at the meeting;

(2)       That, if and in so far as the land on which the Hexagon Studio Theatre would be built was not currently held for planning purposes, the Studio Land be appropriated for planning purposes in accordance with section 122 of the Local Government Act 1972, thereby enabling the Council to carry out the works to build the Hexagon Studio Theatre notwithstanding that doing so interfered with private law rights including rights to light (under sections 203 to 206 of the Housing and Planning Act 2016);

(3)       That the Executive Director for Economic Growth and Neighbourhood Services (DEGNS), in consultation with the Assistant Director of Culture, Director of Finance, and the Assistant Director of Legal and Democratic Services, be authorised to (i) agree settlements with affected landowners in respect of rights of light including associated fees or (ii) to exercise the powers under section 203 to 206 of the Housing and Planning Act 2016;

(4)       That the Assistant Director for Legal and Democratic Services be authorised to enter into any agreement or publish any notice to give effect to (i) the Council’s decision to appropriate and, if necessary, (ii) to exercise the powers under section 203 to 206 of the Housing and Planning Act 2016.

(Exempt information as defined in Paragraph 3).