(i)         that the Council uses Section 122 of the Local Government Act 1972 to appropriate the former Cockington Primary School site at Old Mill Road, Chelston, Torquay for planning purposes as it is no longer required for the purpose for which it is currently held; and

(ii)        that subject to (i) above the Council uses its powers under Section 203 of the Housing and Planning Act 2016 and allows works which are in breach of easements and other private rights (subject to payment of compensation) where there is planning permission for the development.