Agenda item

To receive the report of the Head of Communities & Place

The purpose of the report, presented by the Head of Communities & Place, was to inform Members of the details of conditionality that Department for Levelling Up, Housing and Communities (DLUHC) require in relation to the  spend of the Land Release Fund award to Torridge District Council for Quay wall works at Brunswick Wharf and to agree the basis on which the funding should be released to Red Earth.

Following the presentation, it was recommended the meeting move into Part II to discuss confidential matters and proposed recommendations.  The meeting to then move back into Part I for further discussion and decision making.

It was proposed by Councillor James, seconded by Councillor Newton and –

Resolved:

That under Section 100(a)(4) of the Local Government Act (as amended) the public be excluded from the meeting for the following items of business because of the likely disclosure of exempt information by virtue of Paragraph 3 of Part 1 and Paragraph 10 of Part 2 of Schedule 12A of the Local Government Act 1972.

(Vote:  For 26, Against 4)

Mr L Bach, Independent Person left the room and took no part in the debate and decision making.

Councillor James gave an update on discussions that had taken place with the developer in relation to the Grant monies and the associated risks to the Authority.  

Members discussed an additional recommendation proposed by Councillor James and seconded by Councillor Inch.

Advice was given by the Head of Legal & Governance.

Following further discussion, it was proposed by Councillor James, seconded by Councillor Newton that the meeting move back into Part I. 

Resolved

That the press and public be readmitted.

(Vote: For – unanimous)

The Chief Executive gave clarification on each of the options recommended in the report and the additional recommendation as follows:

“To transfer to the Developer £400k on satisfactory completion of the Quay Wall works to the required standard and the second payment of £400k to be released when the housing development of the site has commenced and a contract in place with a developer for the Housing”.

It was proposed by Councillor Brenton, seconded by Councillor Hepple that a recorded vote be taken, and this was supported by more than five Members as required by the Constitution.

It was proposed by Councillor McKenzie that recommendation a) as set out in the report be accepted.   There was no seconder to this motion.

It was proposed by Councillor James, seconded by Councillor Newton that the additional recommendation as set out above be accepted.

A recorded vote was taken.

(Vote:  For 19, Against 11)

Resolved:

That the Council would like a Primary Charge for the release of the £797k on the Land/Property.

If not accepted then the following proposals be put to the Developer:

That TDC would either offer -

That a grant award of £400k be made to Red Earth on satisfactory completion of the Quay Wall works to the required standard to be secured by a subordinate charge. The second grant award of £397k to be released on either the substantive development of the housing on site or the production of a site development contract between Red Earth and a developer for the completion of the housing on the site.

That if none of the above were acceptable to Red Earth then the offer of the funding would be withdrawn and TDC would make contact with OPE to discuss whether the funding could be relocated to another site and if this is not possible then grant funding will be returned.