1) That the responses to the non-statutory advertisements, as listed in the Huddersfield Examiner on 16, 21 and 23 March 2018, which gave notice of the Council’s intention to appropriate the land edged blue, as set out at Appendix C to the considered report, from general estates purposes to education purposes, be noted.
2) That, having considered the responses pursuant to (i) above, authorisation be given to the appropriation of the land edged in blue, as set out at Appendix C, from general estates/temporary allotment purposes to education purposes, to enable the provision of playing fields and other ancillary uses for the new Brambles Primary Academy pursuant to Section 122 of the Local Government Act 1972 with effect from the date that Officers complete the formal appropriation.
3) That Officers be authorised to provide a formal three months’ notice to the affected plot holders to quit the plots and to work with the plot holders to ensure a smooth transition to the new allotment plots.
4) That Officers be authorised to defend any Judicial Review in relation to the appropriation decision, in a manner that protects the Council’s stated legal position regarding the current status of the existing allotments as general estates purpose for temporary allotments and not statutory allotments.