Decision details

Decision Maker: Assets & Community Safety Portfolio Holder, Leisure and Public Realm Portfolio Holder

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decision:

(a)To consent to the transfer of the Open Space Land directly from the Developer to the Council and receipt of the Contribution, in accordance with the intention as set out in Schedule 3 of the Section 106 Agreement as amended by the deed of variation dated 6 April 2023, relating to the Planning Application.
(b)Authorise the Director of Governance to complete the transfer of the Open Space Land and accept the Contributions and to hold the same for the specific purposes of maintaining and managing the Open Space Land; and
(c)Authorise the Corporate Director (Operations and Delivery) to undertake the necessary administrative functions to complete the transfer and to accept the Contributions and delegate officers to undertake the necessary maintenance and other activities identified in the S106 agreement and Picker’s Ditch Management Plan utilising the Contributions following the transfer of the Open Space Land as proposed.
(d)Authorise the Corporate Director (Operations and Delivery) to complete the hoarding licence agreement for the existing hoarding in place to remain, which encroaches onto the Open Space Land to be transferred to the Council, to allow for the safe completion of works along the boundary. The hoarding will remain until the works are complete.

Reasons for the decision:

To comply with the condition of the S106 legal agreement to transfer the Open Space Land to the Council.
To add the area of public open space including play equipment to the current land holding and for it to be fully available to the community.

Alternative options considered:

To decline the transfer of the Open Space Land. Not proposed. The Council owns the adjoining land to the Open Space Land and the area subject to this report will be a significant addition to public amenity in the area.

Publication date: 20/12/2024

Date of decision: 20/12/2024

Effective from: 07/01/2025

Accompanying Documents: