That:
1. the external legal advice received that those decisions cannot and do not prejudge the outcome of any future decisions that the Council may make about the Local Plan to be made by Council in relation to the allocation of any Garden Community was noted;
2. Cabinet noted that it was proposed that, if appropriate terms can be agreed, the Local Delivery Vehicles would enter into legal agreements with landowners to enable the delivery of the proposed schemes;
North Essex Garden Communities Limited
3. in line with Executive Decision No. 2636 made on 22 January 2016 (minute 130) Cabinet agreed to set up and subscribe to North Essex Garden Communities Ltd in accordance with the terms set out in the report and Appendix 2 thereto;
4. the North Essex Garden Communities Ltd shareholder agreement between the Local Authorities was approved, in accordance with the terms set out in the report and Appendix 3 thereto;
5. The Leader of the Council, who is currently Councillor Neil Stock, be appointed to represent Tendring District Council as a Director on the Board of North Essex Garden Communities Limited;
Tendring Colchester Borders Limited
6. in line with Executive Decision No. 2636 made on 22 January 2016 (minute 130), Cabinet endorsed the formation of Tendring Colchester Borders Limited by North Essex Garden Communities Limited in accordance with the terms set out in the report and Appendix 4 thereto;
7. the Tendring Colchester Borders Limited shareholder agreement between the Local Authorities was approved, in accordance with the terms set out in the report and Appendix 5 thereto;
8. the Corporate Director (Corporate Services), Martyn Knappett, was appointed to represent Tendring District Council as a Director on the Board of Tendring Colchester Borders Limited, and also that delegated authority was given to the Chief Executive of Tendring District Council to terminate that appointment and to undertake any future appointments;
9. in principle, Cabinet agreed to provide an appropriate proportion of necessary funding to Tendring Colchester Borders Limited (by an appropriate combination of loan or equity), subject to a satisfactory business case setting out the full terms of the arrangement, which would need to accord with the approved Business Plans and masterplans for the project and the funding options available at the time any funding is required by the LDV. Such commitment to be subject to Council approval.
RECOMMENDED TO COUNCIL that:
10. the decision of the Cabinet to set up and subscribe to the North Essex Garden Communities Limited be noted;
11. the Cabinet’s endorsement of the formation of the Tendring Colchester Borders Limited be noted;
12. the, in principle, decision of Cabinet to provide an appropriate proportion of necessary funding to the Tendring Colchester Borders Limited (by an appropriate combination of loan or equity), subject to a satisfactory business case setting out the full terms of the arrangement, which would need to accord with the approved Business Plans and masterplans for the project and the funding options available at the time any funding was required by the LDV, be endorsed;
13. the external legal advice received that those decisions cannot and do not prejudge the outcome of any future decisions that the Council may make about the Local Plan to be made by Council in relation to the allocation of any Garden settlement be noted.