Decision details

Creation of an Artificial Reef off Tor Bay - Subject to Call-in

Decision Maker: Council

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: No

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.

Decisions:

It was proposed by Councillor Ellery and seconded by Councillor Baldrey:

 

(i)         that, subject to (ii) below, the Mayor be recommended to authorise 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, 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 Mayor be recommended to authorise 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, 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 Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Executive Head of Tor Bay Harbour Authority and the Chief Executive of Torbay Development Agency, 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.

 

On being put to the vote, the motion was declared carried.

 

The Mayor considered the recommendation of the Council in (i) to (iv) above at the meeting and the record of his decision is attached to these Minutes.

 

(Note:  prior to consideration of Minute 305b, Councillor Baldrey declared his interest.)

Report author: Chris Bouchard, Kevin Mowat

Publication date: 29/09/2011

Date of decision: 29/09/2011

Decided at meeting: 29/09/2011 - Council

Accompanying Documents: