Agenda item

REPORT OF THE PRINCIPAL ESTATES SURVEYOR

Site GA2 is a strategic housing site and lies to the north-east of Great Ashby and is allocated for a new neighbourhood of approximately 600 homes.

RESOLVED: That Cabinet:

(1) Noted that the proposals to appropriate open space for planning purposes and dispose of the open space land has been publicly advertised in compliance with the requirements of s122 and s123 of the Local Government Act 1972.

(2) Appropriated for planning purposes, pursuant to s122 of the Local Government Act 1972, the land that is the subject of the transaction for the purposes of facilitating the development of the GA2 site including the provision of a new access road and associated works and infrastructure.

(3) Delegated authority to the Director: Resources, in consultation with the Executive Member for Resources, to finalise, complete, sign and seal all necessary documentation associated with the transaction, subject to receipt of valuation advice confirming compliance with the Council's duty under section 123 of the Local Government Act 1972 to obtain best consideration reasonably obtainable.

REASONS FOR DECISIONS:

(1) Public notices as required by s122 & s123 of the LGA 1972 have been published and no objections or representations have been received by the deadline of 5pm on 15th May.

(2) The recommendations are made to ensure that access is available to facilitate the development of GA2, a Strategic Housing site allocated in the Local Plan, which will Page 369 Agenda Item 11 assist in the delivery of circa 600 new homes and associated facilities including affordable homes.

(3) Completion of the sale is also expected to generate a capital receipt.

Audio recording – 2 hours 43 minutes 32 seconds

Councillor Tamsin Thomas, as Executive Member for Enterprise, presented the report entitled ‘GA2 Access Land’ and advised that:

· This follow-up report sought Cabinet approval to proceed with the option agreement for the potential sale of land that was approved by Cabinet last year.

· Terms for the option agreement were subject to notices being published regarding the appropriation of open space and disposal of the land.

· No objections or representations had been received in response and this stage had been completed.

· This land was required to facilitate access to the GA2 strategic housing site, which would deliver 600 dwellings and associated infrastructure near Great Ashby as seen in the Masterplan approved by Cabinet and ratified by Council in November 2024.

· Access would be required from Mendip Way, which would cross five parcels of land owned by separate parties, including the Council.

· Wider collaboration was required with the four other landowners, and the option agreement would give Picture Estates Ltd the option to acquire the land subject to planning permission being granted.

· The land owned by the Council was currently a playground and any loss from this would be mitigated through new provision in the GA2 development.

· Careful structuring of the agreement had ensured the Council would obtain best value.

· Upfront costs from this process had been covered by the developer and deducted from the proceeds of sale that would be split equally between the five landowners.

· If Cabinet approved this, it would ensure the unlocking of a strategic site and a capital receipt.

The following Members asked questions:

· Councillor Laura Williams

· Councillor Daniel Allen

· Councillor Mick Debenham

In response to questions, the Principal Estates Surveyor advised that:

· If planning permission for this site was not granted, then the option agreement would not be exercised and they would retain ownership of the land in its current use as a playground, but this was unlikely given the agreed allocation.

· Access to the site must come from Mendip Way and the development could not proceed without passing through this land.

· One of the conditions of development would be the satisfactory reprovision and enhancement of the play area.

· There was a small risk that one of the other landowners might not accept a future deal and it could fall through, but this was unlikely as there had been years of discussions and negotiations to get to this point and all landowners would receive a capital receipt from the sale.

In response to questions, Councillor Tamsin Thomas advised that:

· The 600 proposed dwellings would be needed by the district, so it was critical that this happened to unlock the development.

· It was also critical that the enhancement of the playground and open space would take place through this.

Councillor Tamsin Thomas proposed and Councillor Ian Albert seconded and, following a vote, it was: