Meeting documents
Co-operative Executive
Wednesday 10 September 2008
Report on The Orchard, Foxhill
Report of the Executive Director, Neighbourhoods and Community Care to Cabinet on 10th September, 2008
1 Outcome and Sustainability
1.1 This report proposes an exchange of lands with the owners of the Orchard site in Fox Hill to create the opportunity to deliver key objectives within the Fox Hill Masterplan, a vision for the neighbourhood that was developed with local people:
- The creation of a green pedestrian link through the neighbourhood and,
- The development of high quality new homes
1.2 The projects resulting from the exchange of lands will provide a safe pedestrian route for residents that will promote increased access to local green spaces. The new homes will increase the housing choice for both local residents and the people of Sheffield as a whole.
2 Summary
2.1 The Fox Hill Masterplan was approved by Cabinet on 12th January 2005 as a material consideration in the planning process. The masterplan proposes new housing development, improvements to the quality of and access to green and open spaces, and improvements to the transport and movement networks through the Fox Hill neighbourhood. (See plan at appendix 1.)
2.2 A number of projects are now underway to deliver the masterplan including the development of 210 new homes by Artisan H Ltd, disposal of a site for the development of a new medical centre and improvements to Fox Hill Park.
2.3 An opportunity has arisen for an exchange of lands that will facilitate a key objective of the masterplan: the creation of a safe pedestrian route across the neighbourhood from the site of the new GP's surgery, past Fox Hill Park and the new Artisan housing out to Back Edge, an important piece of countryside on the edge of Fox Hill.
The exchange of lands would also allow for some additional new housing.
3 The Orchard Site
3.1 The Orchard site is situated on the corner of Fox Hill Crescent and Fox Hill Close adjacent to Fox Hill park (see appendix 2, The Orchard site plan). The site comprises a north section and a south section, both shown hatched on the plan at appendix 2, and a central section containing a Grade 2 Listed building (shown unhatched).
3.2 The Orchard site is in private ownership. The City Council wish to acquire the north section of the site to enable the creation of a green pedestrian link from the park through to Back Edge. This report proposes the acquisition of the north section of the Orchard site for this purpose.
3.3 In September 2005 Cabinet approved the disposal of land at Fox Hill to Artisan H Ltd for the development of high quality, mixed tenure new homes. Because the Orchard site is immediately adjacent to the site where Artisan will build new homes, there is also an opportunity for further residential development overlooking the green link.
This will make the pedestrian route safer to use and will provide a link between the two parts of Artisan's development. This report therefore proposes that the City Council negotiate with Artisan H Ltd over the disposal of the north section of the Orchard site and part of the land in City Council ownership (shown edged in black on the plan at appendix 2).
3.4 The owners of The Orchard site, for their part, wish to purchase part of the land in the City Council's ownership (shown edged black on the plan at appendix 2), which fronts onto Fox Hill Crescent and is currently maintained as a grass verge. This would enable them to develop new housing on the southern section of their land.
This report proposes the sale of part of the City Council land to the owners of the Orchard site at market value.
4 Mitigation of Risk
4.1 The risks have been considered by the project team and documented. These risks will be regularly reviewed and monitored.
5 Financial Implications
5.1 The north section of the site will be acquired using resources from within the HMR Programme with a view to selling the site for the development of new housing to Artisan H Ltd.
The proposed sale to Artisan is likely to be at an undervalue as the disposal will be conditional on the provision of homes of a high design and build standard and the delivery of the high quality pedestrian link. Disposal of the southern part of the Council's land at market value will generate a receipt. It may be that an exchange of lands is effected.
5.2 The HMR funding agreement between Government and the City Council requires that where HMR funding is used for the acquisition of land and property the subsequent capital receipt from any sale is to be re-cycled within the HMR programme.
5.3 There are no long-term revenue implications, but should Sheffield City Council acquire the site there could be a short-term maintenance liability before it was sold. This would be funded through the HMR programme.
6 Legal Implications
6.1 The primary purpose of the proposals is to facilitate the construction of the pedestrian link proposed in the Masterplan. The City Council has powers under Section 227 Town and Country Planning Act 1990 to acquire land for planning purposes by agreement.
6.2 The land which the City Council proposes to sell to the owners of the Orchard site is held for the purposes of Part II Housing Act 1985. The City Council has power to sell the land under Section 32 of the 1985 Act. The sale of the land requires the consent of the Secretary of State but the sale of land at market value is the subject of a general consent and no application for consent is needed.
7. Human Resources
7.1 There are no significant human resource implications to be noted.
8 Environmental and Sustainability Implications
8.1 The delivery of the proposals in line with the Fox Hill Masterplan will help to create a successful and sustainable neighbourhood in the North Sheffield Housing Market Renewal area.
8.2 The design of the new pedestrian link will seek to maximise the positive impacts by taking advice from the Police Architectural Liaison officer and will also be in keeping with the high quality investment in the park and the new homes.
9 Equality of Opportunity Implications
9.1 The equality implications for the programme have been considered in detail. Please see the attached Equalities Impact Assessment for more information.
10 Recommendations
10.1 That the Head of Corporate Property be authorised to acquire the north part of the Orchard site required for a green link and additional housing.
10.2 That the Director of Housing be authorised to negotiate terms with Artisan H Ltd, in consultation with the Assistant Chief Executive (Legal and Governance), to dispose of the north section of the Orchard site and part of the land in City Council ownership (shown edged in black on the plan at appendix 2).
10.3 That the land in Council ownership adjacent to the Orchard site (edged black on the plan at Appendix 2) be declared surplus to requirements and the Head of Corporate Property be authorised to dispose of the southern part of this land to the owners of the Orchard site at market value.
