Purpose

To seek approval to agree and formalise a Deed of Release of a restrictive covenant with East Midland Baptist Trust for the site comprising the (Former) Beacon Baptist Church and associated Land at Killisick Road, Arnold.

Decision

Recommendation that the Leader of the Council agrees to a Deed of Release being entered into in return for a payment of £35,000 from the Landowner. This would formalise an agreement to remove the covenant that permits only the construction of a religious building on the site.
That the Leader approves the removal of the covenant and any legal interest that the Council holds in the land in return for the payment agreed with the landowner.

Reasons for the decision

Allow the Council to agree to release the covenant, agreement of which will generate additional income for the Council.

Alternative options considered

An alternative is to refuse to enter into a Deed of Release and provide consent as required by the covenant for building on the land other than a religious building. This would mean that the covenant would remain and any future development of the land would require further consent from the Council.
Another alternative would be to refuse to enter into a Deed of Release and insist on the restrictive covenant being enforced. This would mean that only religious buildings could be built on the land. This would affect the Landowners ability to sell the land.