Decision details

Decision Maker: Corporate Director (Operations and Delivery)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

On 11 October 2019 Cabinet agreed the principle of and terms for an exchange of land between Tendring District Council. TDC will transfer land to ECC at Vista Road in order to facilitate expansion of Clacton County High School in return for land at Jaywick Lane in order to mitigate the reduction in publicly accessible open space.
Additionally, funding to allow investment in the TDC facilities was agreed in return for a use agreement with Sigma Trust to regularise access and arrangements for leisure facilities use by the school.
This decision is to authorise the completion of the legal agreements and transfers.

Decision:

To authorise completion of transfer of freehold land at Vista Road Clacton-on-Sea Essex to Essex County Council (”ECC”) for £1.00 in exchange for transfer of freehold land at Jaywick Lane from ECC to the Council for £1.00 and completion of associated documents to facilitate the extension of the sixth form facility at Clacton County High School (“CCHS”) and improvement of public open space at Rush Green and add further open space land adjoining (“TEC”) Site at Jaywick Lane.

Alternative options considered:

Option 1 - Not proceeding with the agreements. Not proposed. The school expansion has already taken place. failure to complete would lead to conflict, costs and reputational damage to the organisations.
Option 2 - Renegotiating the terms of the exchange and agreements. Not proposed. Likely dispute and costs would result. Neither of the parties has additional funding. Reputational damage is likely with little prospect of a different agreement.
Option 3 - Proceeding with the agreements and transfers. Proposed. Completing the deals will facilitate the undertaking of the various works to improve the areas, formalise existing practical arrangements and avoid dispute and reputational damage.

Publication date: 01/12/2022

Date of decision: 30/11/2022

Accompanying Documents: