Noted the comments of the Overview and Scrutiny Committee (3^rd April 2007) as presented to the Cabinet under Agenda item 15.1 “Chair’s advice of key issues or questions in relation to exempt/confidential business to be considered”.

Addendum report of the Corporate Director Environment & Culture, and planning statement tabled (yellow paper).

Revised recommendations tabled and agreed as below.

Resolved

1.         To allow Bellway Homes a period of exclusivity of 6 weeks from the date of the report to put forward to officers revised Heads of Terms for the acquisition of the site upon the terms of the planning brief tabled;

2.         That if officers consider any revised Heads of Terms proposed by Bellway Homes are appropriate in planning terms and meet the requirements of best consideration, as confirmed by independent valuation, then the Corporate Director Environment & Culture shall bring those Heads of Terms back to Cabinet for approval;

3.         That if officers consider that any revised Heads of Terms proposed by Bellway Homes do not meet either the planning brief or demonstrate best consideration then the Corporate Director Environment & Culture is authorised to market the site on the terms of the planning brief tabled and to report back to the Cabinet at the earliest opportunity; 

4.         That if no revised Heads of Terms are proposed by Bellway Homes then the site shall be marketed by the Corporate Director Environment & Culture on the terms of the planning brief tabled and a report shall be brought back to the Cabinet regarding the outcome of the market tenders for Cabinet approval;

5.         That the Cabinet reaffirms its commitment to fully reproviding the community facilities and recreational facilities on the site as set out clearly in the tabled planning statement and that there be consultation with local people and groups on the nature of the community and recreational facilities to be reprovided;

6.         That any Heads of Terms negotiated should provide for the transfer of appropriate open space back to the Council once it has been reprovided; and

7.         That officers readvertise the proposed disposal of open space land in order to ensure wide public awareness.

Action by:

CORPORATE DIRECTOR ENVIRONMENT & CULTURE (A. COSGRAVE)

ASSISTANT CHIEF EXECUTIVE (LEGAL SERVICES) (I. FREEMAN)      

The Chair informed Members of the Cabinet that an addendum report on this matter, including the proposed Planning Statement for the site, had been Tabled and a copy would be interleaved with the minutes.  A further report, and the comments of the Overview and Scrutiny Committee on the agenda item, were included in the Exempt/Confidential section of the agenda at items 20.1 and 15.1 respectively.  After an initial discussion in open session it would therefore be necessary to exclude the public and press during consideration of the restricted items.  However the Chair intended that the Cabinet would then come back into open session before making their decision on the matter.

Ms Cosgrave, Corporate Director Environment & Culture, at the request of the Chair introduced the report and addendum report. The papers gave details of the previous marketing of the site and the current position.  The Cabinet was asked to decide on their preferred option in relation to the disposal of the site.  The draft planning statement sought to ensure that there was no net loss in publicly accessible open space; that active recreational use would be included in the redevelopment; along with the re-provision of at least the existing level of community floor space on the site.

Following the exclusion of public and press (Minute 14 refers) and consideration of the restricted items, the Cabinet then came back into open session for further discussion and decision.

Officers Tabled amended recommendations as follows:

1.         To allow Bellway Homes a period of exclusivity of 6 weeks from the date of this report to put forward to officers revised Heads of Terms for the acquisition of the site upon the terms of the planning brief tabled;

2.         If officers consider any revised Heads of Terms proposed by Bellway Homes are appropriate in planning terms and meet the requirements of best consideration then the Corporate Director Environment & Culture shall bring those Heads of Terms back to Cabinet for approval;

3.         If officers consider that any revised Heads of Terms proposed by Bellway Homes do not meet either the planning brief or demonstrate best consideration then the Corporate Director Environment & Culture is authorised to market the site on the terms of the planning brief tabled and to report back to the Cabinet at the earliest opportunity; 

4.         If no revised Heads of Terms are proposed by Bellway Homes then the site shall be marketed by the Corporate Director Environment & Culture on the terms of the planning brief tabled and a report shall be brought back to the Cabinet regarding the outcome of the market tenders for Cabinet approval.

Members of the Cabinet discussed the options presented in the report and the amended recommendations.  Members felt that whichever option was pursued, it was essential to obtain the best independent valuation to ensure that the Council was receiving best consideration for the site on the basis of the agreed planning statement. 

A number of Members referred to consultation that had previously taken place including via a Member/Officer working group.  In this regard however the Chair stressed that further consultation would in any case be undertaken on the detailed proposals for the site once these were available.

The Chair moved further amendments to the tabled recommendations to add further paragraphs as follows:

5.         That the Cabinet reaffirms its commitment to fully reproviding the community facilities and recreational facilities on the site as set out clearly in the tabled planning statement and that there be consultation with local people and groups on the nature of the community and recreational facilities to be reprovided;

6.         That any Heads of Terms negotiated should provide for the transfer of appropriate open space back to the Council once it has been reprovided; and

7.         That officers readvertise the proposed disposal of open space land in order to ensure wide public awareness.

Following discussion these amendments were agreed.

Following further discussion the Chair moved and it was: - 

Resolved

1.         To note the comments of the Overview and Scrutiny Committee (3^rd April 2007) as presented to the Cabinet under Agenda item 15.1 “Chair’s advice of key issues or questions in relation to exempt/confidential business to be considered”.

2.         To allow Bellway Homes a period of exclusivity of 6 weeks from the date of the report to put forward to officers revised Heads of Terms for the acquisition of the site upon the terms of the planning brief tabled;

3.         That if officers consider any revised Heads of Terms proposed by Bellway Homes are appropriate in planning terms and meet the requirements of best consideration, as confirmed by independent valuation, then the Corporate Director Environment & Culture shall bring those Heads of Terms back to Cabinet for approval;

4.         That if officers consider that any revised Heads of Terms proposed by Bellway Homes do not meet either the planning brief or demonstrate best consideration then the Corporate Director Environment & Culture is authorised to market the site on the terms of the planning brief tabled and to report back to the Cabinet at the earliest opportunity; 

5.         That if no revised Heads of Terms are proposed by Bellway Homes then the site shall be marketed by the Corporate Director Environment & Culture on the terms of the planning brief tabled and a report shall be brought back to the Cabinet regarding the outcome of the market tenders for Cabinet approval;

6.         That the Cabinet reaffirms its commitment to fully reproviding the community facilities and recreational facilities on the site as set out clearly in the tabled planning statement and that there be consultation with local people and groups on the nature of the community and recreational facilities to be reprovided;

7.         That any Heads of Terms negotiated should provide for the transfer of appropriate open space back to the Council once it has been reprovided; and

8.         That officers readvertise the proposed disposal of open space land in order to ensure wide public awareness.