Decision No: CAB102 - 11/2008

 

Forward Plan No: RW03227

This record relates to A17 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

 

24/11/2008  

 

 

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Resources and Workforce Planning  

SUBJECT:

Unauthorised Houseboats on Mudlands, Priory Avenue  

AUTHOR:

Sharon Bishop  

 

 

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) due to the circumstances of their long established occupation to authorise officers to continue negotiations for the granting of a tenancy for life or licence with the owners of Houseboats Sungo and the former Cygnet.

(ii) due to neither houseboats Dido and the Nelson Class barge having established rights of occupation, to take Court action to remove houseboats Dido and the Nelson Class barge from the Councils land.

(iii) to authorise the serving of notices and Court action against any future unauthorised houseboats owners mooring at this site

(iv) to note that any future requests for houseboats licenses will need to be carefully considered by Members having regard to the facts of each case.

(v) to authorise the Head of Property and Procurement, following consultation with the Solicitor to the Council, to take any action necessary to give effect to this report.
 

 

REASONS FOR THE DECISION

1. The Council should not allow the unauthorised occupation of its land.

2. The Council should not grant Licences to moor on its land where Licencees are unable to gain the necessary rights to access the land as this could be seen as the Council encouraging trespass on land owned by 3rd parties.
 

 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. To take no action -the Council would be allowing unauthorised and illegal occupation of its land that could give rise to third party property rights by way of adverse possession to the Council’s detriment.

2. Planning officers do not wish to take enforcement action in respect of the unauthorised houseboats as responsibility for the lands use rests with the owner of the land – in this case the Council. Government advice is that councils should not serve planning enforcement notices on themselves.
 

 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

 

 

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

 

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

24/11/2008

The Cabinet

 

Proper Officer:

 

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

25 November 2008 to 02 December 2008

Date of Call-in (if applicable) (this suspends implementation)

 

Call-in Procedure completed (if applicable)

 

Call-in heard by (if applicable)

 

Results of Call-in (if applicable)