Decision details
Shoebury Garrison Land Transfers
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Decisions:
The Cabinet considered a report of the Corporate Director for Place setting out the current position in respect of the Section 106 Agreement dated 6th February 2004 (as subsequently modified) relating to land transfers at Shoebury Garrison.
Resolved:
1. That it be noted that the land shown on the plan at Appendix 1 to the submitted report comprising the sea walls and associated structures will be transferred to the Council by Avant Homes (“the developer”) in accordance with the terms of the S106, once all repair works required by the S106 have been completed to the Council’s reasonable satisfaction.
2. That the additional land shown in Appendix 2a and 2b to the submitted report be transferred to the Council by the developer, and the additional land shown in Appendix 2c be transferred to the Council by the Ministry of Defence (“MoD”).
3. That all areas of foreshore comprised within the land referred to in 1 above be transferred to the MoD as soon as possible and until such transfer that the foreshore at Shoebury Garrison remain closed to the public.
4. That the allocation of departmental duties and responsibilities for future management of the land to be transferred to the Council, be noted.
5.That the Corporate Director for Place be authorised to determine the best possible solutions in relation to other minor related issues including (but not limited to) a procedure for works in the park and foreshore, a media / communications strategy, the surface water outfall, positioning / ownership of navigation aids, drainage ditches / scrapes / swales etc.
Reasons for Decision
1. The Council is contractually obliged (by the S106) to take a transfer of the sea walls and associated structures from the developer once the prescribed repair works have been carried out to the reasonable satisfaction of the Council and a Deed of Covenant with the MoD is completed.
2. It is considered judicious to seek to transfer all areas of foreshore to the MoD as soon as possible after the transfer of this land from the developer to the Council. This will significantly reduce both the Council’s liability in respect of occupiers’ liability and on-going security and maintenance costs.
3. To ensure the Council’s duties and responsibilities in relation to the land are adequately fulfilled, upon transfer the relevant departments need to be allocated key tasks (on-going inspections and maintenance), taking into account the potentially significant budgetary implications.
Other Options:
None
Note:- This is an Executive Function
Eligible for call-in to Place Scrutiny Committee
Executive Councillor:- Councillor Norman
Report author: Andrew Lewis
Publication date: 14/01/2016
Date of decision: 05/01/2016
Decided at meeting: 05/01/2016 - Cabinet
Effective from: 16/01/2016
This decision has been called in by:
- Councillor Ann Holland who writes For consideration by Place Scrutiny Committee"
- Councillor John Lamb who writes For consideration by Place Scrutiny Committee"
Accompanying Documents:
- Shoebury Garrison Land Transfers Report PDF 145 KB
- Appendix 1 - plan - transfer of land to the Council PDF 691 KB
- Appendix 2a - Map showing additional area of land adjacent to New Barge Pier Road PDF 223 KB
- Appendix 2b - Map showing additional area of land north east of former Officers Mess PDF 195 KB
- Appendix 2c - Map showing surface water outfall at Gogs Berth PDF 62 KB
- Appendix 3 - Area of foreshore to potentially be transferred to the MoD PDF 314 KB
- Appendix 4 - Draft Gunners Park Management Plan PDF 376 KB