Cabinet Decisions

16th October 2014 

Cabinet met in open session to discuss approving the officers in finalising a new development agreement with a reputable local builder Cardy Construction Ltd

10.1 It is recommended that Cabinet authorise the project team (in consultation with the S151 Monitoring Officer, Head of Paid Service and Cabinet Member for Finance and Estates) to progress with negotiations involving variations to the existing agreement (or a new agreement as provided for within the existing contract) in respect of Royal Sands. These negotiations will be undertaken in accordance with existing delegations and within the parameters detailed in paragraphs 3 through to 7 provided best consideration is achieved.
10.2 It is recommended that if further information becomes available during these negotiations that would result in there being a significant negative effect on the consideration owed, particularly as a result of the cliff wall surveys, then the matter should be brought back to Cabinet for further strategic review.

Part 1 video here

Part 2 video here

Once you remove the histrionics and the political utterances what is left is mainly centered around whether the £3.79M for the freehold is sufficient and whether TDC's duty of care around any future purchasers of the leases for either the hotel, apartments or commercial shops.

Any "Best Consideration"  must include things other than just cash

"The terms of the Consent mean that specific consent is not required for the disposal of any interest in land which the authority considers will help it to secure the promotion or improvement of the economic, social or environmental well-being of its area. Where applicable, authorities should also have regard to their community strategy. Although these criteria derive from the Local Government Act 2000, their use in the Consent is not confined to authorities with duties and powers under that Act. Therefore, authorities not covered by the 2000 Act can also rely upon the well-being criteria when considering disposals at less than best consideration. It will be for the authority to decide whether these decisions taken comply with any other relevant governing legislation. In all cases, disposal at less than best consideration is subject to the condition that the undervalue does not exceed £2,000,000 (two million pounds)."

Cliff Face

7.1 The area of cliff wall adjacent to the site is approximately 4 meters from the developed out property boundary. The cliff wall forms part of common land and the council recognises its duty to ensure that all reasonably foreseeable steps are taken to ensure it is adequately maintained.

7.2 The council undertakes regular inspections of the cliff wall to monitor the cliff face for movement and repairs. The council will ensure that new detailed surveys are undertaken in the area of cliff wall and all the reasonable concerns that have been raised will be investigated with the outcome published.

7.3 Part of any contractual modifications will require careful consideration in respect of any works required to the cliff wall. Cardy have agreed to make a capital contribution and are also mindful that in order to sell the units they will need to provide evidence to any buyer and their insurers that the cliff wall is safe and there are mechanisms for adequate ongoing repairs.

7.3 Cardy and the council project team, plus external technical civil engineering experts will carefully consider the outcomes of the surveys and work towards a solution that means that the repairing obligations to the council for ongoing maintenance will be kept to a level no higher than that which they would have been should the development not have proceeded.

I might add more later