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Agenda Item No.

 

THE VALE OF GLAMORGAN COUNCIL

 

PLANNING COMMITTEE: 17TH MARCH, 2011

 

REFERENCE FROM CABINET: 21ST FEBRUARY, 2011

 

 

"C1231          RHOOSE POINT - LAND TRANSFER MATTERS (PT) (SCRUTINY - ECONOMY AND ENVIRONMENT) -

 

Cabinet received a report which:

 

·                         updated on issues relating to land transfer at Rhoose Point

·                         sought authority for the Director of Legal, Public Protection and Housing Services to complete the transaction to allow land at Rhoose Point to be transferred to the Council.

 

On 21st July, 2010, Cabinet had resolved as follows:

 

(1)       That the current position on land transfers and drainage and highway adoption at Rhoose Point be noted.

 

(2)       That delegated authority be granted to the Director of Environmental and Economic Regeneration, in consultation with the Cabinet Members for Visible and Building Services and Planning and Transportation, to negotiate and agree in principle, the terms and deeds of variation with the Administrator acting on behalf of the infrastructure developers at Rhoose Point (Crofton Ltd) for all outstanding land transfers on the development. 

 

(3)       That on acceptance of the 'agreement in principle' with the Company, the full terms of deeds of variation be reported to the Planning Committee for formal acceptance.

 

(4)       That delegated authority be granted to the Director of Environmental and Economic Regeneration and the Cabinet Members for Visible and Building Services and Planning and Transportation, to use all remaining funds from the planning Agreement at Rhoose Point, for matters related to the development at Rhoose Point.

 

A key issue in the progression of matters relating to Drainage and Highway Adoption at Rhoose Point related to the need to transfer the land, including the lagoon to this Council.

 

Since reporting the matter in July 2010, and the consideration of the matters by Planning Committee and the Scrutiny Committee (Economy and Environment), negotiations had continued between legal advisers acting on behalf of the Administrator and the Council, and it had been recently confirmed that the land transfer now needed to be settled to allow the transfer to be completed. 

 

The Administrators had indicated that the Company (Cofton Land and Property (Cardiff) Limited and Cofton Land and Property (Projects) Limited) were unable to transfer land to the Council under the terms of the existing Section 106 Agreements as the liability represented an unsecured claim.  Cabinet had been advised that with variations to the terms of these Agreements, it was possible that transfers could be progressed. 

 

To this end, officers had made a without prejudice offer to the Company of £20,000 in view of all outstanding Section 106 obligations to compensate the Council for obligations that had not yet been discharged.  The transfer document as now drafted made reference to this sum and the fact that the Council could exercise discretion in how it used the £55,000 previously paid towards the cost of constructing changing rooms at the site.

 

In terms of making progress, the Director of Legal, Public Protection and Housing Services was now required to seal the transfer documents and provide authorisation to Eversheds (the solicitors acting on behalf of the Council) to progress the matter to conclusion.  Although the provision of £20,000 was a reduction in the monies that should be payable under the remaining clauses of the Section 106 Agreement (which stood at circa £35,000), it nevertheless represented a very reasonable settlement in order to allow progress to transfer the land.  Indeed, there was very little prospect of seeing anything other than a very small percentage of that owed should the matter progress through other legal channels. 

 

The transfer documents as drafted would therefore set out the Council's acceptance of £20,000 in lieu of the outstanding Section 106 payments and would set out the Administrators willingness to allow the Council flexibility in how it used the £55,000 already received under the terms of the Section 106 Agreement.  This represented a cost effective and efficient means of progressing this matter and a reasonable way forward to the Council and to the residents. 

 

The £75,000 (£55,000 and £20,000) would be held in the Section 106 obligation budget to be used for matters relating to Rhoose Point. 

 

This was a matter for Executive decision.

 

RESOLVED -

 

(1)       T H A T the current position regarding land transfer at Rhoose Point be noted.

 

(2)       T H A T subject to consultation with Planning Committee, the Director of Legal, Public Protection and Housing Services be authorised to conclude the transfer of land to the Council, in accordance with land transfer documents now completed.

 

Reasons for decisions

 

(1)       To ensure Cabinet is appropriately informed.

 

(2)       To allow the land to be transferred into the ownership of the Council as envisaged under the terms of the Section 106 Agreement dated 27th March, 1996."

 

 

 

 

Attached as Appendix - Report to Cabinet: 21st February, 2011

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