Agenda item

To receive the report of the Planning & Economy Manager

That the recommendation of Internal Overview & Scrutiny Committee to remove the existing covenant, and to put on a new covenant requiring that the land be used for commercial use only, be refused.

The Chair, Councillor Hicks previously declared a prejudicial interest in this item therefore it was proposed that Councillor James take the Chair. The Chair left the meeting.

It was proposed by Councillor Lock, seconded by Councillor Hodson and -

Resolved:  That the Councillor James take the Chair for this item

A recorded vote was taken.

(Vote:  Unanimous)

The Planning & Economy Manager presented the report, the purpose of which was to consider the recommendation of the Internal Overview and Scrutiny Committee made on the 29^th September 2020.

Following concerns and queries from Members the Senior Solicitor and Monitoring Officer confirmed that flats being used for residential use would not be permitted under the new covenant.

The Planning & Economy Manager confirmed, following a query from Councillor Christie that concerns with regards to the height of the new building would be considered in the Planning process.

Councillor Hodson sort legal advice as to whether there would be a gap when changing from one covenant to the other?  The Senior Solicitor and Monitoring Officer confirmed the transaction would be simultaneous.

Due to concern about the definition of Commercial use Councillor Brenton proposed to defer this item and a further report be produced with clarification of what can or cannot be put on the site. Councillor Hurley seconded the proposal.

The Chair sort legal advice from the Senior Solicitor and Monitoring Officer after the new proposal and it was confirmed that as this item had previously been to Community & Resources Committee and Internal Overview & Scrutiny Committee if agreement cannot be made at today’s meeting then the matter will be referred to Full Council for a decision to be made on which recommendations to approve.

Following a query form Councillor Christie as to whether the offer of £120,000 still stands with the change to the covenant the Senior Solicitor & Monitoring Officer confirmed this was yet to be discussed until a decision had been made.

Councillor Bushby proposed to accept the recommendation from Internal Overview & Scrutiny however there was no seconder.

It was proposed by Councillor Lock, seconded by Councillor Brenton and -

Resolved:  That the recommendation of Internal Overview & Scrutiny Committee to remove the existing covenant, and to put on a new covenant requiring that the land be used for commercial use only, be refused and that the item be referred to Full Council.

A recorded vote was taken.

(Vote:  For 10, Against 1)

RESOLVED:

That the recommendation of Internal Overview & Scrutiny Committee to remove the existing covenant, and to put on a new covenant requiring that the land be used for commercial use only, be refused.