That the Five Year Land Supply Statement, Table, and Consultation Response attached to this Record of Decision be approved and published accordingly.

That the Cabinet approves the Heritage Strategy for a formal four week consultation launch in July 2020 and presents the consultation results to future a Cabinet meeting.

That Cabinet notes that the land comprising 4.06 ha at Preston Down Road, Paignton and shown edged red on the plan at Appendix 1 to the submitted report is no longer managed as a nature reserve and does not contain habitats or species that warrant its designation as part of a Local Nature Reserve and, as a result, approves the making of a formal declaration removing the PDR land from the Occombe Farm Local Nature Reserve designation.

That the Cabinet supports the submission of a Town Investment Plan and delegates the decision, on exact content of the submission, to the Head of Finance, in consultation with the Leader of the Council.

That Cabinet supports:

(i)         the submission of a Final Business Case and to delegate the decision, on exact content of the submission, to the Head of Finance;

(ii)        the Council’s investment, in principle, in two key projects included in the Business Case, as set out in paragraph 4.2 of the supporting information to the submitted report; and

(iii)       the prioritisation of projects, as set out in paragraph 2.16 of the supporting information to the submitted report, to be used in the event that the full amount of funding requested is not available.

(i)         that the Cabinet appoint a non-decision making Local Plan Working Party with the following terms of reference and membership:

Terms of Reference:

1)    To support the Local Planning Authority’s review of the Torbay Local Plan 2012-2030 and any other associated documents as may be deemed appropriate by the Assistant Director of Planning, Housing and Climate Emergency;

2)    To identify relevant interested parties, including Neighbourhood Forums and Developers, to be invited to attend meetings.

Membership:

Politically balanced - 4 Conservatives, 3 Liberal Democrats, 2 Independents and of those members to include the Cabinet Member for Instructure, Environment and Culture, Cabinet Member for Economic Regeneration, Tourism and Housing

(ii)       that, in consultation with Local Plan Working Party, the Assistant Director of Planning, Housing and Climate Emergency be given delegated authority to agree the content of documents for consultation during the review;

(iii)      that, following the review but before December 2020, a recommendation is brought to Cabinet on whether or not to revise the Torbay Local Plan 2021-2030;

(iv)      if a revision is recommended, that there shall be a scope and programme for the update of the Local Plan accompanying the recommendation; and

(v)       that every effort shall be made by all involved in the process to ensure efficiency and to deliver the review (and update if required) as soon as practicable to ensure Torbay and its community has an up-to-date Local Plan in place wherever possible.

The Children’s Services Capital Programme shows how the Local Authority (LA) intends to invest awarded capital allocations in its school estate.  The capital allocations include the Repairs and Maintenance funding and the Basic Need Allocation.

The aim of the Capital Programme is to ensure all schools are fit for purpose, are effective learning environments and that the LA has sufficient capacity in its schools to meet demand.

That Council be recommended:

(i)        that the Council agrees the list of projects and funding allocations as set out in Appendix 1 to the submitted report;

(ii)       that delegated authority be given to the Chief Executive to continue negotiations with the landowner(s) and any other person with an interest to acquire by agreement the Land and any other land, interests or rights subsequently identified as being required in consultation with the Cabinet Member for Children’s Services and Section 151 Officer on any Heads of Terms.;

(iii)      that, having taken into account previous negotiations to acquire the Land, the making of any Compulsory Purchase Order(CPO)(s) pursuant to the Education Act 1996, or any other appropriate power, for the Land and any other land, interests or rights subsequently required to deliver the primary school.  The Chief Executive be given delegated authority to give effect to this decision, including;

(a)       the taking of all necessary steps required to secure the making of the CPO(s) and for the subsequent confirmation and implementation of the CPO(s) including the publication and service of all notices, statement of reasons and presentation of the Council's case at public inquiry, if necessary, to secure confirmation of the CPO(s) by the Secretary of State;

(b)       to carry out any surveys on the Land or any other land required and enter as may be required in order to deliver the proposed development by CPO(s) which the Council is authorised to carry out either by consent of the relevant landowner or under section 172 to 179 of the Housing and Planning Act 2016;

(c)       to enter into agreement(s) with any person or body to secure the withdrawal of objections to the CPO(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 new primary school; and

(d)       to pay all necessary compensation either as agreed or as determined by the Upper Tribunal (Lands Chamber) in relation to the acquisition of land and other interests or for the overriding or acquisition of rights;

(iv)      that Council delegate to the Chief Finance Officer the approval of the expenditure of monies from the Children’s Services Capital Programme Basic Need Funding required to cover the acquisition of the Land and any land, interests or rights as may be required for the scheme, either by agreement or by CPO; and

(v)       that once the Land, and any other land required, has been acquired either by negotiation or via a CPO(s) Council approve the disposal of the land required for the new primary school to the Department of Education (DfE) at Nil Value as the required contribution to the development of a two form of entry primary school.  The DfE will in turn provide the capital to build the school through the Free School Programme.  The land would be leased from the DfE to the Academy Trust running the new free school.