Agenda item

That Cabinet:

a)       approve, subject to appropriate legal mechanisms and formal decision from Newark Town Council it does not wish to take on the land, the Council entering into a long-term arrangement to adopt and maintain the open space from the first phase of the Middlebeck development in Newark;

b)       approve the maintenance of the land in return for a £2million commuted sum agreed with the developer, Urban & Civic;

c)        agrees that, at the end of the 20-year period, ongoing maintenance of the land would be funded from the Council’s own resources;

d)       approves that delegated authority be given to the Council’s Directors - Communities & Environment and Planning & Growth, in consultation with the Portfolio Holders for Biodiversity & Environmental Services and Strategy, Performance & Finance, to enter into an appropriate legally-binding contract with the developer Urban & Civic, as detailed at paragraph 2.6 of the report; and

e)       approves that Newark Town Council be formally approached for a decision about whether it wishes to take on responsibility for the future ownership and maintenance of the land in line with the principles set out in the Devolution Agreement. 

The Director – Planning & Growth presented a report which put forward a proposal that would see land from the first phase of the Middlebeck Development being maintained by the Council over the next 20 years through a commuted sum payment of £2million. It was reported that at the time land south of Newark was consented the Council agreed to take on the public open space as part of the new development, something it now does not normally do. However, there were practical advantages of the Council taking on the land which were set out in the report. The commuted sum of £2m was inclusive of maintenance costs and repairs and renewals which would be required over the 20-year period. It was noted that any agreement  was dependent on Newark Town Council not wishing to take on the ownership of this land which they could do under the current devolution agreement.

AGREED      (unanimously) that Cabinet:

a)            approve, subject to appropriate legal mechanisms and formal decision from Newark Town Council it does not wish to take on the land, the Council entering into a long-term arrangement to adopt and maintain the open space from the first phase of the Middlebeck development in Newark;

b)            approve the maintenance of the land in return for a £2million commuted sum agreed with the developer, Urban & Civic;

c)             agrees that, at the end of the 20-year period, ongoing maintenance of the land would be funded from the Council’s own resources;

d)            approves that delegated authority be given to the Council’s Directors - Communities & Environment and Planning & Growth, in consultation with the Portfolio Holders, to enter into an appropriate legally-binding contract with the developer Urban & Civic, as detailed at paragraph 2.6 of the report; and

e)            approves that Newark Town Council be formally approached for a decision about whether it wishes to take on responsibility for the future ownership and maintenance of the land in line with the principles set out in the Devolution Agreement. 

Reasons for Decision:

The recommendations align with the Community Plan objectives in relation to biodiversity, the environment and climate change. As set out in the report, the development has the potential to help the Council meet objectives set out in the community plan, thereby offering value beyond the £2million commuted sum to maintain the open spaces.

Options Considered:

The existing S106 Planning legal agreements set out that the land will be passported to Newark & Sherwood District Council in stages when certain housebuilding milestones are reached. A management company option, which exist in some other parts of the district, is not deemed to be viable by the developer, with sales in the first phase not having this mechanism incorporated. Homeowners would understandably have an expectation that an additional charge in this regard would not be placed upon them. The Council could look to passport the land and the funding to the Town Council which does have precepting powers to fund the maintenance of the land once the commuted sum has been defrayed. This was envisaged in the devolution deal with the Town Council in that they would have the first option on any new space in their administrative boundary. The Middlebeck Open Space crosses town and parish boundaries, stretching beyond the devolution agreement. Moreover, Members may be aware of the financial challenges the Town Council faces, irrespective of the additional challenge that comes with an asset of the size and scale of future Open Space cumulatively across Middlebeck which incorporates open space in every phase and new country parks. Informal discussions with the Town Council have seen these concerns raised, but there is not yet a formal decision from the Town not to take on the land or otherwise.