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.

Cabinet considered a report of the Economic Growth, Regeneration & Tourism Portfolio Holder (A.2) which sought its approval to: -

1.     appropriate Council-owned land at High Street Car Park, Carnarvon Road, Clacton-on-Sea for the purposes of the Carnarvon Terrace Development; and

2.     delegate 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)   a commitment to use the appropriated land solely for the delivery of affordable housing as part of the Carnarvon Terrace Development.

Members were aware that the Council’s bid to Round Two of the Government’s Levelling Up Fund (LUF) for Clacton Town Centre, the ‘Clacton Civic Quarter’, had been successful and had been awarded £19.960m. The programme included two schemes aimed at improving wellbeing and access to jobs & skills, namely: -

·      Carnarvon Terrace, delivered by this Council which would provide 28 residential flats, with 40 percent designated as affordable housing; and

·      Clacton Hub, delivered by Essex County Council.

Cabinet was reminded that the Carnarvon Terrace Development site had historically been used as a car park and healthcare facility. The proposed development would introduce mixed-use commercial spaces and repurpose the site for housing. Timely appropriation of the site was critical to avoid delays and mitigate legal risks, particularly those related to third-party rights such as rights of light and access. Appropriation at this stage was necessary to accompany the planning consent and ensure legal certainty for the procurement process.

The Leader of the Council made the following statement:-

“We are making good progress delivering with the Levelling Up Fund projects in Clacton. We have planning permission for the impressive new homes and modern multistorey carpark in Carnarvon Road. We have outstanding designs for a new public space at the centre of the development, and new space for business and community groups too.

This report takes the project forward to the next stage. It seeks Cabinet approval to appropriate Council-owned land at High Street Car Park, Carnarvon Road, Clacton-on-Sea for the Carnarvon Terrace Development. The recommendations include granting a Unilateral Undertaking to the Planning Authority to secure obligations related to Affordable Housing, and the Recreational Disturbance Avoidance and Mitigation Strategy (RAMS).  These actions are necessary to meet funding deadlines, avoid legal risks, and ensure the timely delivery of the development.”

Having duly considered the Portfolio Holder’s report (A.2) and having recognised that:-

Appropriation was required to ensure timely delivery of the development in accordance with funding deadlines set by the Ministry of Housing, Communities and Local Government (MHCLG)and to mitigate the risk of delays arising from potential third-party claims and ensure that the procurement process could proceed without legal challenges; and further that: -

Unilateral Undertaking – the Council’s Planning Committee had approved the Carnarvon Terrace development on 4th March 2025, requiring the Council to enter into a Section 106 Legal Agreement for Affordable Housing, RAMS payments, and Biodiversity Net Gain (BNG). However, the Council could not enforce this agreement against itself. Therefore, a further report would be presented to the Planning Committee to address BNG as a condition and to cover affordable housing and RAMS payments through a Unilateral Undertaking (UU), as opposed to a Section 106 Agreement.

It was moved by Councillor M E Stephenson, seconded by Councillor Smith and: -

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.