Agenda, decisions and minutes

There were no apologies for absence.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

Sale of land at Newall Ave, Sandbach

Joan West and Lesley Johnson, local residents, spoke in respect of the type of housing it was proposed to build on the site; they considered there was a greater need for bunglalows in the area to meet the need of the elderly population, which would also then have the benefit of releasing larger houses for family use.

In addition they were concerned about the impact of overlooking on existing properties,  the height of the planned houses and impact on the adjacent caravan site, and the location of site entry and exit routes.

Councillor Sam Corcoran also spoke in respect of the need in the area for bungalows, as supported by the Sandbach Local Plan, or for a mixed development site.

The Portfolio Holder responded that planning permission had already been granted for the site and that the alternative options had been explored previously and dismissed for the reasons set out in the report. The Senior Surveyor also explained the limitations imposed by the existence of the ransom strip between the adopted highway and the Council’s land.

To consider the transfer of this land and buildings.

1.    That approval be given for the property known as the Broken Cross Pavilion (Jasmine Park),  Macclesfield and surrounding land, shown edged red on the plan attached to the report, to be transferred freehold from Taylor Wimpey Plc under the terms of a Section 106 agreement dated 24 February 2006, and subsequent variation dated 2 December 2011between Taylor Wimpey Plcand Cheshire East Council, to Cheshire East Council.

2.    That a 125 year lease of the shown edged red on the plan attached to the report, be granted ‘back to back’ to Jasmine Park Community and Sports Centre Limited or an approved charity via a community asset transfer. The lease will be subject to the obligations held in the section 106 agreement, and also that the company will transfer to charitable status within 6 months of the transfer. The tenant will also take the benefit of 65% of the £120,000 or such sum once indexed as a commuted sum for maintenance.  The Council will retain land and responsibility of the play areas and walkways shaded blue on the plan attached. The 125 lease will be subject to (a) a 25 year break option in favour of the tenant and (b) in the event the charity ceases to exist the lease will determine and the demise will revert back to the Council at nil consideration.

It was reported that in February 2006, Macclesfield Borough Council granted planning permission for the redevelopment of Henbury High School for the erection of 123 dwellings (05/1184P). The permission was subject to a section 106 agreement dated 24 February 2006 and subsequent variation dated 2 December 2011, which provided for the provision of Open Space which included an area of open land, a play area, a multi use games area, a pavilion comprising changing facilities, community rooms, car park and Sports England standard pitches.

The S106 agreement required that the site shown edged red on the attached plan be transferred from Taylor Wimpey Plc to the Council.The conditions of the S106 agreement had been met and a completion certificate issued on 2 April 2015. The Section 106 agreement included provision of a maintenance sum triggered on transfer to be utilised by the Council for the ongoing repair and maintenance of the open space and Pavilion (including Car Park and Pitches) for such period as the contribution covered.  The maintenance sum was specified within the S106 as being £120,000 which would be subject to Indexation; this figure was split as 35% for open space and 65% for the pavilion building.  An additional £25,000 would be paid by Taylor Wimpey Plc and transferred to the tenant in lieu of warranties and 12 month maintenance obligation.

Jasmine Park Community and Sports Centre Limited had requested that the asset be transferred to them under a Community Asset transfer by way of a long lease. The lease would include restrictions which would covenant Jasmine Park Community and Sports Centre Limited to adhere to the specific details of the S106 agreement. Furthermore there would be obligations to adhere to Safeguarding Policies, Health and Safety Policies, Volunteer Policies and any other statutory Policies which the Landlord deemed necessary to run the facility.

Jasmine Park Community and Sports Centre was currently established as a Limited Company. There would be a requirement to restructure this company to a model, e.g. charitable status which would best fit the needs to the community and a business plan approved by the Executive Director for Economic Growth and Prosperity prior to completing the lease.

RESOLVED

1.    That approval be given for the property known as the Broken Cross Pavilion (Jasmine Park), Macclesfield and surrounding land, shown edged red on the plan attached to the report, to be transferred freehold from Taylor Wimpey Plc under the terms of a Section 106 agreement dated 24 February 2006, and subsequent variation dated 2 December 2011between Taylor Wimpey Plcand Cheshire East Council, to Cheshire East Council.

2.    That a 125 year lease of the shown edged red on the plan attached to the report, be granted ‘back to back’ to Jasmine Park Community and Sports Centre Limited or an approved charity via a community asset transfer. The lease will be subject to the obligations held in the section 106 agreement, and also that the company will transfer to charitable status within  ...  view the full minutes text for item 8.

To consider the sale of this land.

That approval be given to accept the offer from Morris Homes for the sum of £800,000 and that Legal Services be instructed to prepare the contract documentation and proceed to legal completion on terms and conditions to be agreed by the Assets Manager and the Head of Legal Services and Monitoring Officer.

It was reported that Morris Homes had secured planning consent for a 39 dwelling residential development which included provision for 30% affordable housing and financial contributions of £216,665 (circa £5,500 per dwelling) in respect of S106.

In order to get full planning consent this required completion of a Section 106 agreement in respect of the above obligations. A s106 Agreement cannot be completed until the site is sold because the Council cannot enter into such an agreement with itself, as landowner and local planning authority.  The council can, however, enter into a s111 Agreement with the proposed purchaser which would enable the planning permission to be issued and the buyer to enter into the s106 Agreement when it has an interest in the land. This is subject to the Council entering into a conditional agreement to sell the land to the proposed purchaser.  The Council will receive a capital receipt from the sale of the property which will contribute to its 2015/16 disposals target, as well as providing 39 new homes. 

The Councils Planning and Highways Department have both been consulted, as part of the planning application and more recently, with regards to the suitability of access from both Newall Avenue and Millpool Way (the existing Morris Homes development). It was confirmed that access via Newall Avenue is insufficient to serve a development of this nature alone and therefore recommended that only a small number of dwellings be served via Newall Avenue. In light of this information a sale to Morris Homes is considered the only viable sale option and represents the best value.

In response to the points raised by local residents and the local ward councillor the reasons for this being the best option were explained and it was confirmed that a combined S111 Agreement tied in to a S106 Agreement had been used on a number of previous occasions in similar circumstances.  In addition, and in the light of a recent decision of the Southern Planning Committee, Officers confirmed they would ensure the current proposed arrangements were not affected. 

RESOLVED

That approval be given to accept the offer from Morris Homes for the sum of £800,000 and that Legal Services be instructed to prepare the contract documentation and proceed to legal completion on terms and conditions to be agreed by the Assets Manager and the Head of Legal Services and Monitoring Officer.