Content

RESOLVED
that Cabinet
–
 

(a)        
agrees to the appropriation of the site including
the High Street Car Park and the former
Carnarvon House site, Carnarvon Road, Clacton-on-Sea, CO15 6QF, for
the purposes of the Carnarvon Terrace Development incorporating
planning purposes, housing and commercial uses, as indicated in the
plan at Appendix A ti the Portfolio
Holder’s report (A.2);

 

(b)        
approves that the Council, in its capacity as
landowner and developer, grants an
Unilateral Undertaking (UU) to the Planning Authority to discharge
both the Affordable Housing and RAMS payment conditions in lieu of
a Section 106 agreement for obligations in relation to planning
permission 24/01890/FUL (“the Carnarvon Terrace
Development”);

 

(c)        
authorises the Deputy Chief Executive & Director
of Place and Wellbeing, in consultation with the Corporate Director
(Finance and IT) & Section 151 Officer and Legal Services, to
undertake the necessary legal steps to complete the appropriation
process including, but not limited to, notification of those who
may be affected, publication of the relevant appropriation decision
notices, and executing memorandums as required by the relevant
legislation;

 

(d)        
authorises the Deputy Chief Executive & Director
of Place and Wellbeing, in consultation with the Corporate Director
(Finance and IT) & Section 151 Officer and Legal Services to
approve the final terms of the necessary legal instrument required
for the purposes of the unilateral undertaking to be given to the
planning authority by the Council in its capacity as the owner and
developer of land; and

 

(e)        
notes that further decisions will be required
following the outcome of the procurement exercises and on-going use
of the land for different purposes to ensure the Council is
fulfilling its various legal duties.