Agenda item

Report DRR17/038/1

Following the selection of Countryside Properties (UK) Ltd as the preferred development partner for the next phase of development of Opportunity Site G, Members were requested to consider the detailed terms of the development agreement and lease prior to consideration by Members of the Executive at its meeting on 19 July. 

Further detailed information which, for reasons of confidentiality, was provided in an accompanying Part 2 report (Report DRR17/038).

However, one element of the Part 2 report included consideration of any objections received from the public as a result of the advertisement of the proposal to dispose of a small area of public open space.  As this was no longer considered to be of a confidential nature, Members discussed this matter under the Part 1 public section of the agenda.

The original tender documentation indicated that the Council was prepared to consider straightening the boundary of the site by including a small part of Church House Gardens, provided there was a corresponding land swap and no net loss of public open space.  Countryside confirmed they wished to take this option up and provided a plan which showed the area to be taken out of the park and included in the site, the area to be added back as open space and an additional area that would be dedicated as public open space but maintained by Countryside.  The total of the land to be lost and the land added back amounted to 435.6sqm, so there would be no net loss.  In addition, the majority of the land to be lost formed part of the hard landscaped area leading from the High Street into the park. 

Because the proposed land for disposal was currently public open space, it was necessary to give notice under S123 (2A) of the Local Government Act 1972 of the Council’s intention to dispose of the land by advertising the potential disposal for two consecutive weeks in a newspaper circulated in the area.  Members were then required to consider any objections received before making their final decision whether to proceed with the proposed disposal.  The notices were published on 28 June and 5 July and any objections received would be reported to Members at the meeting of the Executive.  The Chairman expressed concern about the timing of the notice, given that it had been issued before the first consultation regarding the site.  He was also disappointed with the presentation of the notice, including the lack of a clear supporting map.  The Chairman suggested the notice be withdrawn pending consultation.

The Head of Renewal confirmed that as a result of the land swap there would be no net loss of parkland or gardens.  It would also result in a significant improvement to the landscaped area.

In regard to recommendation 2.2(iii), Members were informed that this was a standard clause and reference to ‘any further [non-material] variation in the detailed terms’ referred to one or two on-going phasing issues.

RESOLVED that the report be noted and Member comments be submitted to a meeting of the Executive on 19 July 2017.