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