Agenda item

Report of the Cabinet Member Built Environment

The Cabinet Member Built Environment introduced the report. Following the Cabinet decision on the 18 October 2011 which endorsed the recommendations of both the Development Task Force and full Council to appoint Augur Buchler as the preferred bidder for the sites there have been ongoing negotiations between Augur Buchler and the foodstore operator. Further financial work had confirmed that the offer from Augur Buchler was the best offer from those received and the valuers, GVA, were confident that it represented "best value" for the land at North Place and Portland Sreet.

Since the Cabinet decision the CBC team had been progressing the scheme on a number of fronts, which included the clarification of the agreed legal structure (the development agreement), dealing with planning issues through the pre-application process and collaboration on points of mutual interest particularly relating to neighbouring properties.

The negotiations between Augur Buchler and the foodstore operator had resulted in the need to provide additional car parking spaces for the food store operator if board approval was to be achieved. In addition the proposed hotel had been removed from the scheme as the operating requirements of the foodstore and hotel were not compatible.

The outcome of the scheme delivered all the mandatory requirements of public realm works, together with a long term-income stream and a very significant capital receipt.

In conclusion, the Cabinet Member said that the council was now close to delivery on the development which was a considerable achievement in the current economic climate and would deliver jobs and boost the local economy. The developer estimated 275 jobs in the long term a number of which were skilled. In considering the report, he advised that all members should have due regard to the financial and legal implications set out in the exempt appendices. 

Cabinet Members supported the view that this was very good news for the town and they wished to put on record their thanks to everybody involved over the last 10 years in getting the project to this stage and in particular the Cheltenham Development Task Force. As well as supporting the economic growth of the town, the development also reflected well on the desirability of Cheltenham as a place to do business and would encourage further development.

Councillor Walklett was invited to speak by the Leader. As Ward Councillor for St Pauls, Councillor Walklett applauded the progress that had been made on the scheme but wished to highlight some concerns expressed by local residents adjacent to the development site. In his view there were two main issues that needed to be addressed via the forthcoming legal consultancy process.  Firstly there was an expectation that a supermarket would generate extra traffic flow around the eastern edge of his ward.  He would encourage detailed plans to incorporate sufficient roadworks, signage and perhaps pedestrian crossings to accommodate both the regular influx of large delivery vehicles and to preserve the safety of pedestrians crossing the already busy Swindon Road. The second issue related to an equally serious concern expressed by residents of Northfield Passage and Terrace whose properties back on to the northern edge of the development. He understood from the architectural drawings he had seen that there would be three storey buildings of a sufficient height to block sunlight from residents’ windows.  He wished to draw the council and developers attention to the Right of Light legislation under common law or by the Prescription Act of 1832.  There were a number of residents who had legally acquired such rights having enjoyed 20 years of unobstructed daylight.  These were overriding interests and were valid whether or not they were registered on any title deeds. He would therefore strongly urge both the CBC planning department and the developers to communicate directly with those residents affected as “a development may be prevented due to a Right of Light, even if Planning Permission has been granted by a Local Authority.”

The Cabinet Member Built Environment thanked Councillor Walklett for his input.  In response he said that the Cheltenham Development Task Force were working in partnership with traffic engineers at the County and acknowledged that traffic flow was an important issue which was already being studied with a pilot in St Mary's Road. The impact of the development on neighbouring houses was also an important issue and he hoped to be able to alleviate any concerns. The decision not to go ahead with the hotel could also reduce the mass of the building proposed.

Before moving to the vote the Leader asked members to confirm that they had fully studied the legal and financial implications in the exempt appendices.

With this confirmation, upon a vote it was

RESOLVED THAT

1. The variations to the scheme submitted by Augur Buchler and previously accepted by Cabinet at its meeting on 18 October 2011 be approved.

2. The resolutions made on 18 October 2011 be confirmed so that the Head of Property and Asset Management in consultation with the Borough Solicitor continues to be authorised to:-

a)     conclude the documentation required to dispose of the Sites as necessary (noting that the sites may be disposed of in parts by way of leasehold and freehold disposals and to more than one party);

b)     enter into an agreement for the purchase of land at Warwick Place from Gloucestershire County Council