Issue - decisions

Petition requesting a covenant protecting Churston Golf Course from development

03/07/2017 - Petition requesting a covenant protecting Churston Golf Course from development and Monitoring Officer Report pursuant to Section 5 Local Government and Housing Act 1989

That following receipt of a valuation from the District Valuer dated 17 May 2017 which at paragraph 11 confirms that a 10 year covenant would not have an effect of the value of the Council’s property interest in land comprising Churston Golf Course the Council enters into a deed of covenanting with the residents of Churston & Galmpton ward in the following terms:-

 

‘Torbay Council covenants with all inhabitants of the ward of Churston and Galmpton that for a period of 10 years beginning on the date of this deed it will not on the land, shown edged in red on the plan attached to the submitted report to the Council meeting on 25 September 2014, known to be Churston Golf Course, allow any development of Churston Golf Course without any such proposal first obtaining the majority of votes in a referendum of the persons who at the day of the referendum would be entitled to vote as electors at an election of Councillors for the Churston and Galmpton Ward and are registered as local government electors at an address within this Ward.  For the purposes of this covenant ‘development’ shall not include any development permitted under the terms of the lease between The Council of the Borough of Torbay and Churston Golf Club Limited dated 3 April 2003.  Nothing contained or implied in this Deed shall prejudice or affect the exercise by the Council of its regulatory functions under the Town and Country Planning Act 1990 or any other statute or statutory instrument.’

 

In accordance with the Local Government Act 1972, the Mayor on behalf of the Council has all necessary information to make this Covenant.  The covenant will then be appropriately registered with the Land Registry with immediate effect