Decision details

Creation of an Artificial Reef off Tor Bay

Decision Maker: Elected Mayor

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

The Council had received a request from a local charitable organisation to help facilitate the creation of an artificial reef, by the sinking of a vessel either within the jurisdiction of, or off, Tor Bay Harbour limits, which involved agreeing to take a lease of the seabed from the Crown Estate and then granting a sub-lease to a charitable organisation.  The proposal was expected to lead to economic benefits for Torbay particularly in the tourism sector.

 

Members noted that the organisation had submitted its own bid to purchase the ‘Ark Royal’ a decommissioned aircraft carrier from the Ministry of Defence.

 

The Mayor supported the recommendation of the Council as set out in his decision above.

Decision:

(i)         that, subject to (ii) below, the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, be authorised to accept a 125-year lease for part of the seabed from the Crown Estate on acceptable terms, and that, in determining the acceptable terms, the Mayor is recommended to seek further legal advice as to the level of the Council’s risk exposure;

 

(ii)        that the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, be authorized to grant a sub-lease (and if considered appropriate an agreement for that lease) for part of the seabed to a local charitable organisation on acceptable terms;

 

(iii)       that the Head of Commercial Services, in consultation with the Executive Head of Tor Bay Harbour Authority and the Chief Executive of Torbay Development Agency, be authorised to enter into such other legal documentation on acceptable terms as deemed necessary; and

 

(iv)       that the exact position of the sinking of any vessel within Tor Bay Harbour limits will be determined by the Executive Head of Tor Bay Harbour Authority in his capacity as Harbour Master, following consultation with harbour users and the Harbour Committee.

Reasons for the decision:

To help a local charitable organisation create an artificial reef off TorBay by the sinking of a vessel.

Alternative options considered:

The alternative options were set out in the submitted paper and not discussed at the meeting.

Implementation:

This decision will come into force and may be implemented on Wednesday, 12 October 2011 unless the call-in process is triggered (as set out in the Standing Orders in relation to Overview and Scrutiny).

Interests and Nature of Interests Declared:

Councillor Baldrey declared a personal interest as a friend of Michael Byfield/Wreck the World.

Publication date: 04/10/2011

Date of decision: 29/09/2011

Effective from: 12/10/2011