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15th June, 2026
On 12th May 2026, the NCC cabinet approved measures to strip residents near the Maltings of their rights to object to a loss of light and other violations of important rights, without debate on this crucial issue for affected residents.
The report that recommends stripping of these rights can be found here:
Paragraph 7.33 is noteworthy:
Moreover, in considering this appropriation, the Council has carefully considered the balance to be struck between individual rights and the wider public interest. In this instance it is considered that the appropriation is required in the public interest and is consistent with the European Convention of Human Rights and the 1998 Act in that the public purpose of securing the site for the redevelopment described herein and concomitant economic, social and environmental benefits are of sufficient weight to override the interference with such human rights as the appropriation may involve; and that appropriation is necessary to achieve that purpose.
Presumably, all those who supported such a tall building are OK with removing specific human rights from some residents.
How does this mechanism work? The NCC ‘appropriates’ the land, meaning the land is assigned development status while the owner (NCC) remains the same. This means invoking Section 122 of the Local Government Act 1972 and the subsequent engagement and use of the powers under Section 203 of the Housing and Planning Act 2016. This causes nearby residents to lose the ability to issue an injunction for loss of rights that include:
The right to light;
rights of way;
right of way for services such as repairing pipes, cable and drainage;
the right to the free flow of air to windows or ventilation systems (yes, really);
the right of a building to physical support from adjoining land, for example if there are deep excavations or major structural works.
The only right a resident has is financial compensation, and it’s anyone’s guess how that will be calculated.
The cabinet meeting can be viewed here:
https://www.youtube.com/live/ehSBXK-nT5Y?si=Oeg1t83Z7B4pRghf&t=691
As you can see, councillors simply praise the Maltings and Borderlands. They do not go into the considerable harm to affected residents by the deliberate stripping of rights from them. This allows councillors to appear positive and progressive, while the dirty work is done by officers hiding behind a written narrative that the need for the new Maltings overrides individual human rights.
To us, this appears to be undemocratic and unethical.
Note also that the law stipulates (Local Government Act 1972, Section 122, 2b):
Before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them.
We see no evidence of such consultation as yet.
The minutes that summarise the actions from this meeting are here:
https://northumberland.moderngov.co.uk/documents/s31644/02%20Minutes%20120526.pdf
The outline of the site affected by appropriation is shown below.
Land affected by appropriation