Cabinet considered the report regarding the development agreement with Countryside Properties (UK) Ltd for St Clouds Way, Maidenhead.

The Cabinet Member for Asset Management & Commercialisation, Finance, & Ascot informed that section 122 of the LGA, and the s203 – 205 of the Housing and Planning Act 2016 allowed the appropriate of land within its ownership for any purpose for which it was statutorily authorised to acquire land by agreement. Appropriation meant changing the basis on which land held by the Council from one purpose to another purpose.  However, in deciding to appropriate, the Council must consider the public need within the area for existing use. 

The Site currently comprised the former Magnet Leisure Centre , the former Ten Pin Bowling Arena and temporary car parking. The use of part of the Site as a temporary car park was granted planning permission in June 2018 for a 5-year period. There were 382 existing car park spaces on the Site. The Leisure Centre was closed in autumn 2020 and a replacement facility, the Braywick Centre.  The report was being put forward as the original Cabinet decision had been made in 2018 and it was prudent to re visit the situation prior to further progress.  The need for parking on the site had been reduced by available parking in Maidenhead and Vicus Way development, leisure facilities were provided at Braywick Park and there was a need for affordable housing. Negotiations for private rights continued as part of the process. 

The Cabinet Member read out the recommendations before Cabinet for clarification.

Mr Hill informed that he had written to the monitoring officer as the recommendations were not clear and had not received a response.  He also mentioned that an updated report had been issues on the day of the meeting but there were no tracked changes to see what had changed.  He mentioned that he had questioned if the 2018 Cabinet decision was lawful and he had been informed legal advice was being sought but there was nothing tonight to say what the conclusion was.  He had not heard back from the monitoring officer on his enquiries on this issue. 

The Cabinet Member said that they could appropriate the site now irrespectively of the 2018 decision.  The Monitoring Officer said that they had received advice from ‘council’ and the recommendations were sound, the original recommendation was 4 years ago so it was appropriate to revisit.  With regards to responding to Mr Hill she said that her priorities were to represent the council and she would respond to his questions in due course.

Cllr Singh raised concern that parking spaces would be lost from the medical centres that were very important to local residents, he was informed that this was part of the ongoing negotiations.

Resolved unanimously:  that That the Cabinet notes the report and is recommended to:

i)      On the assumption that the November 2018 Resolution did have the effect of appropriating the Site for planning purposes under section 122 of the LGA, that the following reasons are approved:

a.    the Site was not required for the purposes for which it was held prior to the appropriation for the reasons in  paragraphs 5.3 to 5.8;.

b.    the Site is required for planning purposes as set out in paragraphs 4.2, 5.9, 9.3 and 9.4 ; and

c. The conclusions reached on the matters set out in paragraphs 5.1, 5.10, 5.11 and 10.10 in respect to the use of section 203 – 205 of the Housing and Planning Act 2016                                                                                                               

ii) On the assumption that the November 2018 Resolution did not have the effect of appropriating the Site for planning purposes under section 122 of the LGA, then the recommendation is that the Site is appropriated for planning purposes under section 122 of the Local Government Act 1972 (the "LGA") to facilitating the Scheme, or similar development, for the following reasons: 

a.    the Site is no longer required for the purposes for which it was held prior to the appropriation for the reasons in paragraphs 5.3 to 5.8;.

b.    the Site is required for planning purposes as set out in paragraphs 4.2, 5.9, 9.3 and 9.4; and

c. The conclusions reached on the matters set out in paragraphs 5.1, 5.10, 5.11 and 10.10 in respect to the use of section 203 – 205 of the Housing and Planning Act 2016

iii)   delegates to the Executive Director for Resources in consultation with the Managing Director for the RBWM Property Company Limited to  continue negotiation with affected property owners in relation to property rights and in consultation with the Lead Member for Property, conclude negotiations or arrangements for release and/or replacement of property rights (whether the same or similar) either by private treaty or using section 203 – 205 of the Housing and Planning Act 2016.