Decision details

Part 3 Schedule 3 - Responsibility for Executive Functions delegated to officers paragraph 4.3 (1) - the Corporate Director has delegated authority to discharge executive functions within their respective service areas (Part 3.42). All delegations are subject to consultation where considered appropriate in the circumstances (paragraph 4.3 (4(ii) - Part 3.42)

The developer has fully complied with the conditions of the relevant Schedule to the section 106 agreement and requested the transfer of the land in accordance with the agreement.

On going maintenance and security costs. The site is designated a SSSI and also contains many protected trees which imposes some obligations on the council in terms of protecting and managing the site. However as the wood is specifically not open to the public and therefore future liability and obligations are limited by that restriction. Site investigations have been undertaken to ensure the Council understands, so far as possible, the future liabilities and discussions with Natural England are to be undertaken regarding a partnership arrangement for the future of the Wood. The Council could refuse to take on the Wood but the Section 106 Agreement constitutes a contractual obligation for the council to complete the transfer providing the relevant conditions are met. It is considered those conditions have been met meaning that refusal of the transfer would out the council in breach of the contractual obligations and at risk of associated enforcement action. Therefore, in the circumstances that alternative was not considered appropriate. The council also considered requesting a delay to the transfer to enable a partnership arrangement with third parties, such as Natural England to be agreed prior to transfer but again that risked claims by the developer that the council was in breach of its contractual obligations and therefore that alternative was not felt appropriate in the circumstances.