To seek Cabinet approval:-

1.    to appropriate Council-owned land at High Street car park, Carnarvon Road, Clacton-on-Sea for the purposes of the Carnarvon Terrace Development;

2.    of authority to grant a unilateral undertaking to the Planning Authority, to secure:-

(a) obligations relating to the Recreational Disturbance Avoidance and Mitigation Strategy (RAMS); and

(b) Commitment to use the appropriated land solely for the delivery of affordable housing as part of the Carnarvon Terrace Development.

RESOLVED that Cabinet –

(a)         agrees to the appropriation of the site including the High Street Car Park and the former Carnarvon House site, Carnarvon Road, Clacton-on-Sea, CO15 6QF, for the purposes of the Carnarvon Terrace Development incorporating planning purposes, housing and commercial uses, as indicated in the plan at Appendix A ti the Portfolio Holder’s report (A.2);

(b)         approves that the Council, in its capacity as landowner and developer, grants an Unilateral Undertaking (UU) to the Planning Authority to discharge both the Affordable Housing and RAMS payment conditions in lieu of a Section 106 agreement for obligations in relation to planning permission 24/01890/FUL (“the Carnarvon Terrace Development”);

(c)         authorises the Deputy Chief Executive & Director of Place and Wellbeing, in consultation with the Corporate Director (Finance and IT) & Section 151 Officer and Legal Services, to undertake the necessary legal steps to complete the appropriation process including, but not limited to, notification of those who may be affected, publication of the relevant appropriation decision notices, and executing memorandums as required by the relevant legislation;

(d)         authorises the Deputy Chief Executive & Director of Place and Wellbeing, in consultation with the Corporate Director (Finance and IT) & Section 151 Officer and Legal Services to approve the final terms of the necessary legal instrument required for the purposes of the unilateral undertaking to be given to the planning authority by the Council in its capacity as the owner and developer of land; and

(e)         notes that further decisions will be required following the outcome of the procurement exercises and on-going use of the land for different purposes to ensure the Council is fulfilling its various legal duties.