CABINET
Minutes of a meeting held on 6th
January, 2010.
Present: Councillor G.C. Kemp
(Chairman); Councillor T.H. Jarvie (Vice-Chairman); Councillors
Mrs. J.E. Charles, P. Church, G.A. Cox, A.M. Ernest, A.D. Hampton,
H.J.W. James, R.L. Traherne and Mrs. D.M. Turner.
C729
MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 16th December, 2009 be approved as a correct
record.
C730
DECLARATIONS OF INTEREST -
The following Councillors declared interests
as shown below:
|
Councillor H.J.W. James
|
Agenda Item No. 7 - Member of the Order of
St. John.
|
|
Councillor R.L. Traherne
|
Agenda Item No. 7 - Member of the Order of
St. John and Ambassador to the Cardiff and Vale Girl Guide
Association.
|
Both Members withdrew from the meeting during
consideration of the above matters.
C731
ARCHAEOLOGY IN THE VALE OF GLAMORGAN (REF) -
The Scrutiny Committee (Economy and
Environment) had, on 8th December 2009, considered a
report on the above (at the request of Councillor M.R. Wilson)
in order to examine how the Planning, Tourism and Education
Departments could be utilised to enhance the theme as a major
asset. The report before the Committee had highlighted that
tourism related literature within the Vale of Glamorgan did make
reference to certain sites around the Vale and that interpretation
boards at various locations also referred to archaeological
sites. It had been noted, too, that the Council’s Adult and
Community Learning Service offered archaeological courses and that
the Glamorgan-Gwent Archaeological Trust provided advice to the
Council. The Committee had subsequently asked Cabinet to
consider the production of a pamphlet which would highlight the
many archaeological sites available within the Vale for the benefit
of the public.
Having considered the request, Cabinet
RESOLVED -
(1) T H A
T recommendations (1) and (3) be noted, Cabinet’s thanks being also
conveyed to the Head of Service.
(2) T H A
T recommendation (2), namely “that Cabinet be requested to consider
the production of a pamphlet to highlight the many archaeological
sites that were available within the Vale”, be referred to Leisure
and Tourism for consideration.
Reasons for decisions
(1) To
have regard to the current position.
(2) To
allow consideration by the relevant department.
C732
USE OF THE CHIEF EXECUTIVE’S EMERGENCY POWERS (CX)
(SCRUTINY - AS INDICATED IN THE REPORT) -
RESOLVED - T H A T the exercise of the Chief
Executive’s emergency powers as indicated below be noted:
(a)
Authority to use the Council's I.T. Fund to finance the purchase of
computer equipment at Cowbridge Comprehensive School and to
authorise the inclusion of the sum required in the 2009/10 Capital
Programme.
(Scrutiny - Corporate Resources.)
(b)
Authority to incorporate schemes and budgets relating to the SEN
School Buildings Improvement Grant in the 2009/10 Capital
Programme.
(Scrutiny - Corporate Resources.)
(c)
Authority to implement JNC Circular No. 1/09 relating to car
allowances.
(Scrutiny - Corporate Resources.)
(d)
Authority to progress the redevelopment of Pendoylan Primary School
in line with grant funding availability.
(Scrutiny - Lifelong Learning.)
(e)
Authority to appoint contractors in relation to Penarth Central
Renewal Area: Group Repair Phase 7C.
(Scrutiny - Housing and Public
Protection.)
Reason for decision
To take account of the position.
C733
LLANTWIT MAJOR CONSERVATION AREA APPRAISAL AND MANAGEMENT PLAN -
REPORT OF CONSULTATION (DEER) (SCRUTINY - ECONOMY AND ENVIRONMENT)
-
The report outlined the results of a public
consultation exercise carried out in respect of a Conservation Area
Appraisal and Management Plan for the Llantwit Major Conservation
Area, details of which were appended to the report. Approval
was sought to adopt the aforementioned Appraisal and Management
Plan under Section 71 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 and as Supplementary Planning Guidance
(SPG) to Policy ENV 17 of the Adopted Unitary Development Plan
1996-2011.
The Conservation Studio had been appointed in
October 2006 to undertake a study of the future management strategy
of Conservation Areas within the Vale of Glamorgan. The
recommendations of the consultants to undertake a full review of
all Conservation Areas within the Vale had subsequently been
accepted. The review had been considered necessary to ensure
that the designation and boundaries of all Conservation Areas
remained relevant and logical.
Section 1 of the aforementioned Plan contained
the Appraisal which recorded and analysed the various features that
gave each Conservation Area its special architectural and historic
interest. Section 2 set out proposals and policies which
could enhance the character and appearance of each Conservation
Area. Members noted that the Management Plan had been
prepared with an awareness of limited Council resources and that it
might take longer than was desirable to implement the proposals for
which the Council was responsible. Notwithstanding, the
Council would continue to encourage improvements to the
Conservation Area in co-operation with property owners, interest
groups and local businesses. The adoption of the Appraisal
and Management Plan as SPG would help guide developers and
encourage best practice. In addition, the document would form
part of the evidence base for the Local Development Plan which was
currently being prepared.
The document contained three main
recommendations, a summary of which was contained within the report
as outlined below:
·
Boundary Change - exclusion of modern development in the north east
of the Conservation Area, in the south east, in the south, in the
west and the exclusion of The Meadows and surrounding fields, Old
Wick Road.
·
Article 4 Direction under the Town and Country Planning (General
Permitted Development) Order 1995 - a proposal to promote the
introduction of an Article 4 Direction regarding all
buildings identified as locally listed “County Treasures” or
positive buildings (it being noted that a further report would be
submitted in respect of the matter).
·
Highway Issues - a comprehensive study and audit relating to the
provision of traffic management issues and street furniture based
upon good practice guidelines for the management of such in
historic towns.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T a copy of the report and Appraisal and Management Plan be
referred to the Planning Committee, the Scrutiny Committee (Economy
and Environment) and the Conservation Area Advisory Group for
consultation purposes.
(2) T H A
t the Appraisal and Management Plan be approved and formally
adopted by the Council under Section 71 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 and as Supplementary
Planning Guidance to the Adopted Unitary Development Plan
(1996-2011).
(3) T H A
T the Appraisal and Management Plan document be published and
distributed in Llantwit Major library and made available for
viewing and downloading on the Council’s website.
(4) T H A
T the First Minister of the Welsh Assembly Government and Cadw be
formally advised of the adoption of the appraisals by the Vale of
Glamorgan Council and be provided with a boundary plan of the area
to which the designation applied for identification and record
purposes.
(5) T H A
T an advertisement be placed in a local newspaper and the London
Gazette notifying of any variations made to the Conservation Area
boundary, with particulars of its effect.
Reasons for decisions
(1) To
obtain the views of the Planning Committee, Economy and Environment
Scrutiny Committee and Conservation Area Advisory Group on the
Conservation Area Appraisal and Management Plan.
(2) To
guide development proposals within, and affecting, the setting of
the conservation area and to interpret, augment and clarify Policy
ENV17 of the Adopted Unitary Development Plan (1996-2011) as it
relates to those areas.
(3) To
fulfil the Council’s duty under Section 71 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 to formulate and publish
proposals for the preservation and enhancement of Conservation
Areas.
(4&5) As required by Section 70 of
the Planning (Listed Buildings and Conservation Areas) Act
1990.
C734
GRANTS TO COMMUNITY / VOLUNTARY ORGANISATIONS 2009/10 (DFICTP)
(SCRUTINY - CORPORATE RESOURCES) -
Consideration was given to the content of the
report which sought approval to award further grants from the
2009/10 corporate revenue budget.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T grants be awarded as set out below:
|
Name of Organisation
|
Amount of
Grant
|
|
St. John’s Ambulance Brigade (Vale of
Glamorgan branch)
|
£6,000
|
|
Penmark Village Centre
|
£2,250
|
|
Lower Penarth Community Association
|
£1,500
|
|
Cowbridge Probus Club
|
£150
|
|
Barry Sea Cadet Unit “T.S. Cossack”
|
£1,000
|
|
Llantwit Major District Girl Guiding
|
£2,000
|
(2) T H A
T grant in the sum of £1,500 be awarded to The Intersensory Club
subject to the receipt of satisfactory information regarding the
maintenance, storage and insurance of the specialist vehicle, and
details as to how the vehicle would be made available to potential
users.
(3) T H A
T consideration of the application for grant from the Wales Council
for the Blind be deferred.
Reasons for decisions
(1) To
award grants in accordance with the approved scheme.
(2&3) To allow for the receipt of
further information.
C735
COUNCIL HOUSING STOCK TENANT CONSULTATION TO BALLOT STAGE (DLPPHS)
(SCRUTINY - HOUSING AND PUBLIC PROTECTION) -
The report notified Cabinet of the outcome of
the application for Provisional Approval to proceed to ballot
tenants on whether the Council’s Housing Stock should be
transferred to an alternative Registered Social Landlord (RSL) and
set out the next steps in the process. The letter from WAG
notifying the Council of its provisional approval for it to proceed
to ballot was appended to the report. Members noted that the
process would now move to the tenants’ consultation stage in
accordance with WAG Guidelines, a copy of which was also appended
to the report.
A Project Outline of the process to be
followed to ballot stage was set out in Appendix 3 and a timetable
for further reports on the issues and processes to be carried out
was set out in Appendix 4, although it was noted that the timetable
could change as the formal Project Plan was developed. The
reports identified in Appendix 4 would address the initial
decisions that Cabinet would be required to consider, including
establishing a Shadow Board and its composition, and a decision as
to whether a transfer should be to a subsidiary of an existing RSL
or to a new RSL. The period to ballot stage would be an
intensive tenant consultation process which would contribute to the
development of the “offer document” upon which the tenants would be
balloted. The informal consultation stage would end when the
“offer document” was issued to tenants and would signal the
commencement of the formal consultation stage which would culminate
in the ballot. The “offer document” would contain the
following matters which would be adopted by a new RSL if the
tenants’ ballot indicated the wish that the housing stock be
transferred:
·
policies and procedures to be adopted
·
how the RSL would deliver services to residents
·
the programme of improvement and repair
·
details of the tenancy conditions.
Provisional approval by WAG signalled the
commencement of the “informal consultation period” from which point
WAG would provide financial support in terms of pre and post ballot
costs. It was understood from WAG that the Council’s costs in
the process would be paid provided WAG was satisfied that the
process was undertaken with probity and in a spirit of
co-operation. Consequently, it was crucial in order to
recover those pre ballot costs (estimated at £1.3m.) that all
stakeholders including officers and Members were reminded of their
obligations under their relevant statutory codes and followed a
protocol to be adopted by Cabinet. The relevance of the
Members’ Code and a proposed protocol would be the subject of a
separate report.
It was noted that a series of meetings would
be held with WAG to discuss the pre ballot project plan, progress
on the developing programme of tenant consultation and its role,
and a regular analysis of the transfer business plan as it
developed.
The importance of managing the process of
change decisively and sensitively was fully recognised, stock
transfer affecting all areas of the Council. A Governance
Structure for reporting / management arrangements for the period of
the tenants’ ballot would be established which would need to
demonstrate open and accountable practices, ensure an appropriate
degree of independence between the Council and the prospective
acquiring RSL, identify possible conflicts of interest and
establish protocols aimed at eliminating or minimising the
same. A proposed Governance, Reporting and Management
structure was set out at Appendix 5.
WAG expected the Council to engage
professional advice in areas such as legal, communication,
financial and VAT / Tax Treasury Management, and staff
matters. Tenants would be involved in all stages of the
process and, to assist in that process, an Independent Tenant’s
Advisor (ITA) appointed by the tenants, was required to be
appointed to provide tenants with advice on all issues through the
process. Consequently, in accordance with WAG Guidelines,
authority was sought to appoint the following consultants:
·
ITA
·
Lead Consultant (to support the overall project and to ensure that
the RSL was fit for purpose)
·
Legal Consultant (mainly to assist in setting up and the
development of the Shadow Transfer Vehicle)
·
Communications Consultant (predominantly to co-ordinate
consultation and put together the offer document).
It was noted that the costs of the Advisers
would be met by the Council in the first instance but that the
Council would be reimbursed by WAG once the process had been
completed.
The Council was required to set up a Shadow
Board to represent the potential transferee landlord in
negotiations with the Council prior to the issue of the offer
document. The aforementioned Shadow Board could not make
decisions on matters which were Council responsibilities and was
primarily a mechanism to give accountability and oversight to the
preparations for ballot. A fundamental responsibility of the
Shadow Board would be to ensure that the Council’s housing
improvement plan and other commitments to tenants proposed within
the formal offer document were both financially viable to the new
landlord and realistic in its delivery timescales. It was for
the Cabinet to determine the size of the Shadow Board and Council
representation on it. Further details were contained within
paragraph 23 of the report and a further report would be submitted
on the matter later in the January.
The Guidelines required that throughout the
process an appropriate degree of independence was established
between the disposing authority and the prospective acquiring
authority in order to avoid conflicts of interest. As
indicated above, it was considered important that the Council
identify possible conflicts of interest at the start of the process
and adopt structures and protocols aimed at eliminating or
minimising those conflicts, with such arrangements being regularly
reviewed and updated. It was considered necessary, therefore,
to set up a senior officer working group to be responsible for
ensuring the Project was delivered on time and in accordance with
the Project Plan and WAG Guidelines. That group would be
known as the Housing Project Board and would consist of the Chief
Executive, the Director of Legal, Public Protection and Housing
Services, the Director of Finance, ICT and Property, the Director
of Environmental and Economic Regeneration, the Head of Public
Housing Services and other senior officers within those
departments. The Director of Legal, Public Protection and
Housing Services would chair the Board and be the officer
“champion”. The Board would oversee and receive regular
progress reports from the Project Team and submit reports to
Cabinet. The Project Team itself would be responsible for
carrying out the day to day work involved in delivering the Project
and it was anticipated that officers would be seconded (requiring
some consequent backfilling of posts). In order to maintain
the Housing Service, it was noted there would be consequential
changes which would be managed by the Service. The Project
Team would comprise the Head of Public Housing Services as Project
Director, the Lead Consultant, the Project Manager and other key
officers who would report to the Officers Project Board. As
regards legal advice, the Director of Legal, Public Protection and
Housing Services would oversee the legal work and ensure that the
Council’s interests were safeguarded. It was noted, too, that
the Project Board would need to seek approval from Cabinet on key
issues as the project progressed. It was intended, therefore,
that the Officers Project Board would facilitate timely reports to
Cabinet to enable considered decisions to be made. It was
noted that the Project Board had already endorsed the contents of
the report before Members.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the notification of Provisional Approval from the Welsh Assembly
Government to proceed to a tenants’ ballot be noted.
(2) T H A
T the Transfer Guidelines issued by the Welsh Assembly Government
be noted.
(3) T H A
T the Project Outline as set out in Appendix 3 to the report be
noted.
(4) T H A
T the timetable for further reports on the project set out in
Appendix 4 to the report be noted.
(5) T H A
T the Governance Structure for the project as set out in Appendix 5
to the report be approved.
(6) T H A
T authority be given to the Director of Legal, Public Protection
and Housing Services in conjunction with the Leader and Cabinet
Member for Housing and Community Safety to appoint an Independent
Tenant Adviser, Lead Consultant and other advisers as appropriate
including Legal and Communication Consultants.
Reasons for decisions
(1) To
note the Welsh Assembly Government Provisional Approval.
(2) To
note the Transfer Guidelines issued by the Welsh Assembly
Government.
(3) To
note the Project Outline.
(4) To
note the timetable for further reports.
(5) To
approve the Governance structure.
(6) To
enable consultants and advisers to be appointed.
C736
CADOXTON HOUSE (DLPPHS) (SCRUTINY - CORPORATE RESOURCES)
-
Cabinet had, on 2nd December, 2009,
agreed that the WAG Community Safety Capital Grant for the
refurbishment of Cadoxton House be accepted subject to the
conditions of the grant being acceptable (Min. No. C700). The
grant conditions had subsequently been reviewed and alternate
conditions submitted to WAG for consideration. WAG had now
accepted an amendment which related to the reduction of the “tie
in” period from 20 to 15 years and it was consequently proposed
that the conditions set out in the appendix to the report be
accepted. It was noted that agencies including the Public
Protection Unit for the Police and Penyrenfys Alcohol Services had
provided an agreement to locate staff within Cadoxton House.
It was further noted that Hafan Cymru and Women’s Aid would be
providing daily surgeries with the Citizens Advice Bureau and
Llamau providing surgeries on an ad hoc basis.
Revenue costs would be covered in the form of
a charge to the agencies providing services from Cadoxton House and
maintenance costs would be incorporated within the running
costs. An appropriate agreement would be entered into with
the agencies providing the services to set the standard of those
services and provide monitoring for the project. The Safer
Vale Partnership was in the process of working with providers to
ensure that the right services were being commissioned to
compliment the new working environment. The Partnership would
be asked to confirm its agreement to pay revenue costs to the
Council from WAG Grants in the event of any revenue costs falling
on the Council.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the WAG Community Safety Capital Grant, in the sum of
£1,209,153.45 for the refurbishment of Cadoxton House, be
accepted.
(2) T H A
T the Cadoxton House refurbishment project be included in the
Capital Programme for the Vale of Glamorgan Council.
(3) T H A
T the use of the Urgent Decision Procedure be authorised under
Article 13.9 of the Council’s Constitution to enable the immediate
implementation of the above resolutions to facilitate spend of part
of the grant funding by the end of the current financial year.
Reasons for decisions
(1) To
enable the refurbishment of Cadoxton House to improve services to
the community and to enhance multi-agency working to tackle
domestic abuse and alcohol abuse in the Vale of Glamorgan.
(2) To
comply with Vale of Glamorgan Council procedures.
(3) To
enable spend within the terms of the grant conditions.
C737
MARCROSS SEWAGE TREATMENT WORKS (DFICTP AND DLPPHS) (SCRUTINY -
HOUSING AND PUBLIC PROTECTION) -
By way of background, reference was made to
the pollution incident in September 2002 where treated effluent
contaminated the Marcross Brook following which the Environment
Agency (EA) had reminded the Council of its obligations as consent
owner. Meetings had since been arranged between the EA and
Council officers to consider options and remedies. A
number of short term alterations to working practices had been
introduced in 2003 and a commitment to undertake an options
appraisal agreed. Independent Consulting Engineers had been
commissioned and in 2005 the Housing Department commissioned
Visible Services (Engineering Design) to recommend a permanent
solution. Engineering Design had concluded that the existing
works should be replaced and constructed to current industry
standards.
The EA had subsequently indicated that
proposals to replace the existing plant with the same discharge
arrangements were not acceptable. Following further
investigations, an alternative scheme was identified which could
only be achieved by the purchase of adjacent private land. A
firm of Chartered Surveyors acting for the Council had recently
negotiated and reached agreement on the purchase of land to allow
the development to proceed and Cabinet, in May 2009, had agreed the
Housing Capital Programme which included a capital sum set aside
for the replacement and procurement of the new works. The
Council’s Engineering Design Department of Visible Services had
been identified as project lead for both the feasibility and
procurement to date. The current position was that formal
application for the consent to discharge had been made to the EA,
the application had been advertised as required by the EA, and a
detailed specification submitted. Subject to the acquisition
of the land, it was therefore anticipated that work would commence
on site in February 2010 with completion some 6 to 8 weeks
later. The budget estimate for the works was £75k. and was
included in the Housing Investment Programme for 2009/10 with the
price agreed for the land purchase being £7k. Officers were
exploring possible options for the recovery of the capital cost
over the lifetime of the new installation based on existing
covenants.
This was a matter for Executive decision.
RESOLVED - T H A T the Director of Legal,
Public Protection and Housing Services and the Director of Finance,
ICT and Property be authorised to undertake the purchase of land
adjacent to the site to facilitate the construction of a new
Marcross Sewage Treatment Works based on terms agreed following
negotiations between the landowners’ surveyors and external
surveyors acting for the Council in the matter and subject to the
agreement of those terms by the aforementioned Directors and
relevant Cabinet Members.
Reason for decision
To ensure that the Council as the owner and
responsible body for the management of the treatment works complies
with Environment Agency conditions and the consent to discharge
treated effluent into the nearby watercourse, and in the best
interests of the Council.
C738
EXCLUSION OF PRESS AND PUBLIC -
RESOLVED - T H A T under Section 100A(4) of
the Local Government Act 1972, the press and public be excluded
from the meeting for the following items of business on the grounds
that they involve the likely disclosure of exempt information as
defined in Part 4 of Schedule 12A (as amended) of the Act, the
relevant paragraphs of the Schedule being referred to in brackets
after the minute heading.
C739
HIGHWAY RESURFACING PROGRAMME 2009/2010 -
COMPLETION OF ANNUAL PROGRAMME (DEER) (SCRUTINY - ECONOMY AND
ENVIRONMENT) (EXEMPT INFORMATION PARAGRAPH 14) -
Appended to the report was the Highway
Maintenance Resurfacing Programme for 2009/12. Authority was
sought to agree the locations for the Carriageway Surfacing
Programme for 2009/10 and to extend the 2008/09 Carriageway Renewal
contract. The carriageway locations proposed in the report
had been identified by Scanner survey (technical survey) of a
number of routes throughout the Vale and visual assessment carried
out by Highway Inspectors. Prioritisation had been undertaken
on a scoring system based on that Scanner survey, visual
assessment, road classification, claims, complaints and ongoing
maintenance costs. It was noted that the 2008/09 Carriageway
Renewals Annual Contract had been won by Tarmac Ltd. and agreement
had been reached with Tarmac Ltd. for a year’s extension to that
contract at no additional increase in rates.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T the locations for carriageway resurfacing for 2009/10 be as
follows:
·
Merthyr Street, Barry
·
St. Georges Lane, St. Nicholas (three locations)
·
Lavernock Road, Penarth (junction Stanwell Road)
·
Bridgeman Road, Penarth (Park Road to Esplanade)
·
Broadway, Cowbridge (Love Lane to traffic lights)
·
Hensol to Pendoylan Road (Ambulance Station to Pendoylan Road)
·
Clawdd Coch to Pontsarn
with the following list of reserve locations
dependent on any underspend on the above programme:
·
Treguff Lane, Llancarfan
·
Friars Road, Barry Island (outside Amusement Arcade)
·
Michaelston le Pit, Dinas Powys
·
Tredodridge to Apple Tree Cottage
·
Tredodridge to Clawdd Coch.
(2) T H A
T the extension of the existing contract with Tarmac Ltd. be
endorsed for a further year.
Reasonsfor decisions
(1) To
improve the carriageway surfaces along the routes mentioned.
(2) To
confirm a successful and cost effective contractual agreement.
C740
PENARTH HEIGHTS - CREST COMMITMENT TO ORIGINAL CONTRACT (DEER)
(SCRUTINY - CORPORATE RESOURCES) (EXEMPT INFORMATION - PARAGRAPH
14) -
Crest Nicholson had now renewed its commitment
at Board and Bank level to honour the original contract for the
Penarth Heights land disposal. Details pertaining to the
known risks associated with retaining Crest Nicholson as the
developer and measures to minimise those risks were contained
within the report. A key issue to address had been the
financial position of Crest Nicholson and a summary of the
conclusions of specialist corporate accountants commissioned to
analyse that position and determine the developer’s ability to
finance the development was appended to the report. The
Council’s project team and lawyers had also commenced negotiating
with Crest Nicholson a Supplemental Agreement and / or other
appropriate legal documentation to minimise the risks
identified. Additionally, separate Section 106 Agreement
negotiations were ongoing, concerning which a report would be
submitted to the Planning Committee. In order to expedite the
demolition of the Royal Close Estate, consideration was given to
delegating powers to the appropriate Directors to agree a
Supplemental Agreement to the original contract and any other legal
documentation required to enable the project to progress. It
was noted that the agreed Supplemental Agreement would be reported
to a future Cabinet for information. A report would also be
submitted on the subject of any new Compulsory Purchase Orders
which might be required given the remaining occupants within the
Harbour View / Chichester Road Estates.
This was a matter for Executive decision.
RESOLVED -
(1) T H A
T Crest Nicholson (South West) Ltd (“Crest Nicholson”) be retained
as the developer for Penarth Heights subject to a Supplemental
Agreement to the original sale contract and any other legal
documentation required to enable the project to progress.
(2) T H A
T delegated powers be granted to the Director of Environmental and
Economic Regeneration, in consultation with the Director of
Finance, ICT and Property, the Director of Legal, Public Protection
and Housing Services and the Leader to agree a Supplemental
Agreement to the original sale contract and any other legal
documentation required to enable the project to progress.
(3) T H A
T authority be granted to the Director of Legal, Public Protection
and Housing Services to prepare, complete and execute the
appropriate legal documentation for the land disposal.
(4) T H A
T the costs set out in the report be endorsed and authority granted
to utilise capital receipts to fund the costs set out in the
report.
(5) T H A
T the proposal for Crest Nicholson at its own cost to procure the
demolition of the Royal Close Estate (including the Community
Centre) subject to the appropriate consents being in place be
endorsed; and that only in the event of the Council not securing
full vacant possession of the site and, as a result Crest Nicholson
not commencing its redevelopment scheme, would the Council repay
Crest Nicholson the cost of the demolition exercise.
Reasons for decisions
(1) To
approve retaining Crest Nicholson as the developer for the Penarth
Heights project.
(2) To
enable the land disposal and redevelopment of the Penarth Heights
site to progress.
(3) To
enable the preparation, signing and completion of any legal
documentation required to enable the land disposal and
redevelopment of the Penarth Heights site to progress.
(4) To
endorse the costs outlined in the project.
(5) To
endorse the proposed demolition of Royal Close.