Agenda item

The Head of Economy and Housing gave a detailed statement, which provided an overview of the report which had previously been circulated.

 

The Council Solicitor specifically advised Members of Council to note that the recommendations in the report before them are without prejudice to the consideration of the future use of Wentworth Street Car park through the LDF process or as a result of the submission and determination of a planning application.

 

The Council Solicitor advised Members of Council that in considering the report before them it was important to distinguish the following two separate and distinct statutory roles of Ryedale District Council:-

 

(i) The role of Ryedale District Council as the Local Planning Authority with the statutory responsibility to progress the Local Development Framework in accordance with the law and dealing with planning applications when received.

 

(ii) The role of Ryedale District Council as a land owner in relation to Wentworth Street Car Park, Malton. This was the subject of the report before Members that evening. Members were further advised that local authorities have a responsibility to ensure that assets held in public ownership benefit the Council taxpayers and local communities.

 

Accordingly in considering the report before it, the Council  was not discharging the Council’s role as a Local Planning Authority but it was discharging the role of the Council as a land owner of Wentworth Street Car park. The Council  was not therefore making any Planning decisions.

 

It was moved by Councillor Knaggs and seconded by Councillor Wainwright that the following recommendation be approved:

 

That Council is recommended:

 

i)       to approve, subject to the grant of planning permission, the disposal of land at Wentworth Street, Malton (see Annex A);

ii)      to approve acceptance, subject to contract, of submission X, which includes the following key elements:

a.    Anticipated gross receipt:

×             Of not less than £5m (to be determined dependent upon final planning approval and taking into account such matters as size of store, developer contributions, off-site improvements) payable upon grant of an implementable planning consent and an overage sum of 50% of the development profit after deduction of a 12.5% developers priority return paid after completion of the development

b.    Development proposed:

×             A proposal which was adjudged as being capable of delivery to ensure a capital receipt and which includes those key elements as outlined at paragraph 8.3 and the approach outlined in 8.4 of this report. Members should be aware that the proposal is conditional upon revised car parking arrangements for the Council’s retained upper-deck area which include free parking for the first 3 hours.

c.    Reasonable prospects of delivery to ensure capital receipt including:

×             Clear understanding and experience of the development process

×             Appropriate financial standing

×             Appropriate and realistic timetable

iii)     to approve as a reserve, in the event that legal documentation has not been concluded with that party in a reasonable time, acceptance, subject to contract and grant of planning permission, of submission Y;

iv)     to authorise the officers to negotiate and conclude the documentation required to implement the decision of the Council having considered this report;

v)      Members note that both capital and revenue costs will need to be incurred to aid relocation of non-commercial third party interests in the site;

vi)     that the capital receipt from the land sale be applied to the Council’s capital programme to be invested in other projects; and

vii)    the net impact of the development on the Council’s financial position in relation to Wentworth Street Car Park be managed through the 2011/12 and 2012/2013 budget strategy process.

Councillors then debated the motion.

 

Before making their speeches Councillors Knaggs and H Keal made it clear that they kept an open mind on the  consideration of any future planning application relating to part of Wentworth Street Car Park Malton.

 

An amendment was moved by Councillor Andrews and seconded by Councillor Mrs Burr:

 

“In view of:

 

1.  The likely future submission of planning applications for supermarkets on the Showfield and the Cattle Market;

2.  The lack of detail in the officers’ recommendaitons in regard to price, name of tenderer, name of supermarket operator, size of supermarket etc.

 

The matter be deferred to allow consultation to take place with the Malton and Norton Area Partnership and the Malton and Norton Town Councils on the way forward for Malton/Norton.”

 

The amendment was then put to the vote. A recorded vote was asked for by Councillors Andrews, Mrs Cowan, Clark and Woodward.

 

For the Motion: Councillors Andrews, Mrs Burr, Clark, Cowan, Mrs De Wend Fenton, Maud and Woodward.

 

Against the Motion: Councillors Arnold, Mrs Arnonld, Bailey, Cottam, Mrs Cowling, Cussons, Mrs Frank, Mrs Hodgson, Hope, Mrs Keal, Keal, Wainwright, Mrs Warriner, Mrs Wilford and Windress.

 

Abstentions: Councillors, Hemesley, Legard and Mrs Shields.

 

The amendment was lost.

 

Councillor Wainwright moved and Councillor Cottam seconded that the question now be put. The vote was carried.

 

The motion was put to the vote. A recorded vote was asked for by Councillors Andrews, Mrs Cowan, Clark and Woodward.

 

For the Motion: Councillors Arnold, Mrs Arnonld, Bailey, Cottam, Mrs Cowling, Cussons, Mrs Frank, Hemesley, Mrs Hodgson, Hope, Mrs Keal, Keal, Knaggs Wainwright, Mrs Warriner, Mrs Wilford and Windress.

 

Against the Motion: Councillors Andrews, Mrs Burr, Clark, Cowan, Mrs De Wend Fenton, Legard, Maud, Shields and Woodward.

 

Abstentions: None.

 

The motion was carried.

 

Resolved:

 

i)              That the disposal of land at Wentworth Street, Malton identified edged black on the site plan attached to the report be approved subject to the grant of planning permission;

ii)             That acceptance of submission X be approved subject to contract, which included the following key elements:

a.      Anticipated gross receipt:

×             Of not less than £5m (to be determined dependent upon final planning approval and taking into account such matters as size of store, developer contributions, off-site improvements) payable upon grant of an implementable planning consent and an overage sum of 50% of the development profit after deduction of a 12.5% developers priority return paid after completion of the development

b.      Development proposed:

×             A proposal which was adjudged as being capable of delivery to ensure a capital receipt and which includes those key elements as outlined at paragraph 8.3 and the approach outlined in 8.4 of this report. Members should be aware that the proposal is conditional upon revised car parking arrangements for the Council’s retained upper-deck area which include free parking for the first 3 hours.

c.      Reasonable prospects of delivery to ensure capital receipt including:

×             Clear understanding and experience of the development process

×             Appropriate financial standing

×             Appropriate and realistic timetable

iii)            That acceptance of submission Y subject to contract and grant of planning permission be approved as a reserve, in the event that legal documentation has not been concluded with submission X in a reasonable time;

iv)           That Officers be authorised to negotiate and conclude the documentation required to implement the decision of the Council having considered the report;

v)            Members noted that both capital and revenue costs will need to be incurred to aid relocation of non-commercial third party interests in the site;

vi)           That the capital receipt from the land sale be applied to the Council’s capital programme to be invested in other projects; and

vii)          The net impact of the development of the council’s financial position in relation to Wentworth Street Car Park be managed through the 2011/12 and 2012/13 budget strategy process.

 

The meeting closed at 10.40pm.