Council and democracy

Agenda item

Thurrock Regeneration Ltd - Proposed Development of Culver Centre and Field, South Ockendon

Minutes:

The report was presented by Julian Wain.

 

Councillor Van Day asked whether health and education facilities had been considered as part of the infrastructure. Officers explained that the Council worked with health and education partners to identify what contributions were needed to mitigate the impact of the development in the area. These matters were addressed as part of the planning application process.

 

Councillor Redsell commented that no bungalows were included in the scheme. She sought clarification on the size of the open space and its design. Keith Andrews answered that there were no bungalows in the scheme a fair proportion of properties were needed to make the scheme financially viable. It was identified that this site was more appropriate for houses and flats. He said that there were other sites that had the potential for the development of bungalows. In regards to the open space, the design had gone through public consultation and the result was an enhanced open space.

 

The Chair asked for an update on the status of TRL. Julian Wain explained that TRL was instructed by the Council as shareholder represented by the Corporate Director of Resources, Place and Delivery. TRL now had a full and functioning board of members and was able to take decisions and operate. The names of the board members would be going to the General Services Committee. In regards to operations, there was one staff member and other services were delivered through service level agreements.

 

The Chair queried how the Council would ensure that the land of the Culver Centre site would get best value for money. Julian Wain explained that an independent person would be appointed to carry out an independent valuation which would be signed off to demonstrate s123 best consideration under the Local Government Act 1972. This would provide the Council and its residents with assurance that the land got the best value.

 

The Chair asked if other options had been considered in the disposal of the site such as using private developers. She questioned why private developers were not interested in the site. Julian Wain referred to paragraph 3.1 and took members through the pros and cons listed there. The option of the Council going into a joint venture with private developers was considered and covered in the report. The best option was TRL as it gave the Council a significant degree of control along with a long term investment, generated returns, revenue receipts, certainty of delivery and affordable units.

 

Councillor Redsell questioned whether TRL faced the same planning constraints as other private developers. Julian Wain answered   that specific constraints and conditions relevant to planning applications applied to anyone carrying out the development.

 

Referring to recommendation 1.2, the Chair stated that she was not supportive of this as full control over the disposal of land was delegated to two people. She referred to minutes from the Housing O&S meeting on 11 February 2020, and read out a paragraph:

 

“Councillor Worrall sought how Council owned land would be transferred to Thurrock Regeneration Limited (TRL) to ensure that a good value was achieved for the Council. The Corporate Director of Adults, Housing and Health and Interim Director of Children's Services stated that disposal of land would be recommended by Cabinet to be taken to Full Council as per a request of the General Services Committee.

Councillor Worrall requested that the Housing Overview and Scrutiny Committee be kept up to date at every stage of the development.”

 

Referring to the legal implications in the report, the Chair said that she was aware of that Cabinet had the authority as the decision makers. However, she highlighted her concerns over delegating this authority to two Councillors and a Director to make the decision. She stated that she was strongly against this and felt that the decision should be made by Cabinet and ratified at Full Council. She pointed out that this had been highlighted in the 11 February 2020 meeting but she had not seen any changes made where the disposal of land would be recommended by Cabinet to Full Council.

 

Julian Wain referred to the legal implications and explained that the disposal of land was an executive function that was reserved for Cabinet and not for Full Council. He noted the Chair’s objection to the delegation.

 

Councillor Ononaji commented that it would be good practice that the disposal of land should be agreed at Full Council instead of two Councillors and the Director. He suggested that a change to this policy could be put forward to Full Council as a motion. The Chair agreed with this suggestion. She asked that a legal representative give an explanation as to why recommendation 1.2 differed to what was stated and minuted from the 11 February 2020.

 

The Chair proposed that a new recommendation be put forward as she did not agree with recommendation 1.2. The Committee agreed and supported this. Officers would work with the Chair to agree the wording to reflect the Committee’s disagreement with recommendation 1.2 which would be put forward to Cabinet on 12 January 2022 where this report would be considered. The wording would also be shared with Committee Members.

 

RESOLVED:

 

1.1         That the Committee commented on the proposal that that Thurrock Regeneration Ltd develop the Culver Centre and Field, South Ockendon site in accordance with the consented planning application.

 

UNRESOLVED:

 

1.2      That the Committee noted that authority will be delegated to the Corporate Director of Resources and Place Delivery, in consultation with the Portfolio Holder for Finance, to agree the transfer value of the land, final funding to TRL, and to enter into legal agreements including appropriation of land, as required to enable this development, subject to the financial parameters as set out in the report.

 

(Following on from this meeting, the wording for the recommendation to Cabinet was agreed by the Chair as:

 

At their meeting on 11th February 2020, Housing Overview and Scrutiny received information that decisions on the disposal of land would be referred to Full Council. Based on this previous information, the Committee does not wish to support the delegation to the Corporate Director of Resources and Place Delivery, in consultation with the Portfolio Holder for Finance, and the Portfolio Holder for Regeneration to agree the transfer value of the land, final funding to TRL, and to enter into legal agreements including appropriation of land, as required to enable this development, subject to the financial parameters as set out in the report.

 

Housing Overview and Scrutiny Committee requests Cabinet to take the decisions in full Cabinet and to refer the matter to Council.)

Supporting documents: