To consider the submitted report on the above.

The Council considered the submitted report on a proposal to acquire the leasehold interest in the land that was leased to Torbay Coast and Countryside Trust (TCCT) at Little Blagdon Farm, Collaton St Mary, and Preston Down Road, Paignton, under, if necessary, a compulsory purchase order (CPO).  It was noted that the Council had been awarded £3,076,000 of Land Release Fund by the Government to secure the release of the land at both sites to enable residential development.  An exempt officer briefing was circulated prior to the meeting.

Elected Mayor proposed and Councillor Mills seconded a motion, as set out below:

(i)         that delegated authority be given to the Chief Executive to continue negotiations with TCCT to acquire by agreement the land identified red (Appendices 1 and 2 of the submitted report) at Preston Down Road and Collaton St Mary, with consultation with the Elected Mayor, Group Leaders and Section 151 Officer on any Heads of Terms;

(ii)        that Council approve, if necessary, to progress and ultimately acquire the land identified red (Appendices 1 and 2 of the submitted report) at Preston Down Road and Collaton St Mary by making a Compulsory Purchase Order, under Section 226(1)(a) of the Town & Country Planning Act 1990 and the Acquisition of Land Act 1981 in respect of all or part of the land edged red on the Order Plans attached at Appendices 1 and 2 and any additional land which is considered to be required in order to bring forward the Enabling Works and the residential development, to ensure the early release of this land by March 2020;

(iii)      that in furtherance of (ii), Council authorise the Chief Executive to take all necessary steps to secure the making, confirmation and implementation of a Compulsory Purchase Order(s), including the publication and service of all notices, requisitions for information, statement of reasons and the preparation and presentation of the Council's case, including at any public inquiry, to secure confirmation of the Compulsory Purchase Order(s) by the Secretary of State;

(iv)      that in furtherance of (ii) above, the Chief Executive be given delegated authority to enter into agreement with any person to secure the withdrawal of objections to the Compulsory Purchase Order(s) and/or to negotiate and agree terms for the acquisition by agreement of any land, interests or rights as may be required for the Scheme;

(v)       that the Chief Executive be given authority to pay all necessary compensation either as agreed or as determined by the Lands Chamber of the Upper Tribunal in relation to the acquisition of land and other interests or for the overriding or acquisition of rights in consultation with the Councils S151 Officer; and

(vi)       that Council delegate to the Chief Finance Officer the approval of the expenditure of monies (including by prudential borrowing if necessary) required to cover the acquisition of Preston Down Road and Collaton St Mary, either by agreement or by CPO, on the basis that there is a clear business case which demonstrates how the monies are to be repaid from the development of the sites.

During the debate Councillor Thomas (D) proposed and Councillor Bye seconded an amendment to the motion as follows:

(i)         that delegated authority be given to the Chief Executive to agree heads of terms with TCCT to acquire by agreement the land identified red (Appendix 1 to the submitted report) at Preston Down Road and Collaton St Mary, in consultation with the Elected Mayor, Group Leaders and s.151 Officer and on the basis that the heads of terms reflect the contents of exempt information (circulated separately under Part 3 of Schedule 12A to the Local Government Act 1972);  and

(ii)        that Council delegate to the Chief Finance Officer the approval of the expenditure of monies (including by prudential borrowing if necessary) required to cover the acquisition of Preston Down Road and Collaton St Mary by agreement, on the basis that there is a clear business case which demonstrates how the monies are to be repaid from the development of the sites.

At this juncture and at the request of Chairman, the Chief Executive addressed the meeting as to statements made during the debate and clarified a number of issues in relation to the grant conditions for the Land Release Fund, compulsory purchase orders and the negotiations with the Torbay Coast and Countryside Trust.  The Chief Executive then responded to questions from members.

A recorded vote was then taken on the amendment. The voting was taken by roll call as follows: For:  Barnby, Bent, Brooks, Bye, Ellery, Haddock, Hill, Kingscote, Lewis (B), Lewis (C), Morey, O’Dwyer, Robson, Stockman, Stubley, Sykes, Thomas (D), Thomas (J) and Tolchard (19); Against: Elected Mayor Oliver, Councillors Amil, Darling (M), Darling (S), Excell, Long, Manning, Mills, Parrott, Pentney, Sanders and Stocks (12); Abstain: Councillors Doggett and Tyerman (2); and Absent: Councillors Carter, King, Morris and Winfield (4). Therefore, the amendment was declared carried.

The amended (substantive) motion was then considered by members, which was agreed by the Council as follows:

(i)         that delegated authority be given to the Chief Executive to agree heads of terms with TCCT to acquire by agreement the land identified red (Appendix 1 to the submitted report) at Preston Down Road and Collaton St Mary, in consultation with the Elected  Mayor, Group Leaders and s.151 Officer and on the basis that the heads of terms reflect the contents of exempt information (circulated separately under Part 3 of Schedule 12A to the Local Government Act 1972);  and

(ii)        that Council delegate to the Chief Finance Officer the approval of the expenditure of monies (including by prudential borrowing if necessary) required to cover the acquisition of Preston Down Road and Collaton St Mary by agreement, on the basis that there is a clear business case which demonstrates how the monies are to be repaid from the development of the sites.

(Note:  Prior to consideration of Minute 96, Councillor Tyerman declared his non-pecuniary interest as a Trustee of Torbay Countryside Trust and observed the meeting from the public gallery, did not take part in the debate or vote on the matter.)