Decision
Analysis
outcome: The decision outcome is to exercise s.172 Powers and delegate the power to the Director of Capital and Housing Delivery to issue notices to landowners for surveys.
summary: The decision involves approving the use of s.172 Housing and Planning Act (HPA) (2016) Powers for undertaking surveys on private land to discharge Local Development Order (LDO) conditions and statutory requirements.
topline: The Cabinet Member for Economic and Cultural Sustainable Development has decided to approve the use of s.172 Powers for surveys on private land to discharge LDO conditions.
reason_contentious: This issue may be contentious as it involves exercising powers on private land, which could potentially face resistance from some landowners.
affected_stakeholders: ["Landowners", "Director of Capital and Housing Delivery", "Local residents"]
contentiousness_score: 6
political_party_relevance: There are no mentions or implications of political parties or political influence on the decision.
URL: https://democracy.bathnes.gov.uk/ieDecisionDetails.aspx?ID=2246
Decision Maker: Cabinet Member for Economic and Cultural Sustainable Development
Outcome:
Is Key Decision?: No
Is Callable In?: Yes
Purpose: To approve use of s.172 Housing and Planning Act (HPA) (2016) Powers.
Content: To approve use of s.172 Housing and Planning Act (HPA) (2016) Powers. (1) To agree to exercise s172 Powers as required for the purpose of undertaking surveys on private land. (2) To delegate to the Director of Capital and Housing Delivery, the power to authorise the issue and service of notices to landowners to carry out surveys. This includes the issue of warrants for entry to the land as required. The surveys are needed to discharge the Local Development Order (LDO) conditions and statutory requirements associated with the same. Other options were considered including: · Entering into a licence agreement via negotiation. Voluntary agreement has not been possible with some landowners. Therefore, pursuit of 172 Powers is required. · Do nothing. This would result in the SVEZ scheme not being capable of being promoted.
Date of Decision: July 3, 2025