Minutes:
(The Leader agreed to the consideration of this item as a matter of urgency as a decision was required thereon prior to the next meeting of the Cabinet).
Councillors R. Hollingworth and Dr. D. W. P. Booth JP declared personal interests in this item as Members of the Bromsgrove Arts Centre Holding Trust.
Councillor Mrs M. A. Sherrey JP declared a personal interest in this item as a Member of the Bromsgrove Arts Centre Operating Trust.
Councillor C. B. Taylor declared a personal interest in this item as a Member of the Fire Authority.
A report was circulated updating Members in relation to the proposed development by the Police of land owned by NEW College at Slideslow Drive, Bromsgrove for the purposes of a new combined Police and Fire Station.
At its meeting on 8th September 2010 the Cabinet had agreed in their capacity as Bare Trustees to the request of the Bromsgrove Arts Development Trust (the Holding Trust) to grant an easement over land owned by the Holding Trust to enable the emergency services to have an additional egress route which it was proposed would pass over land forming part of the car park of the Artrix.
Since that meeting there had been changes to the proposals including the alteration of the proposed route of the egress way and the receipt of an offer from the Police to purchase the land required from the Holding Trust. The Holding Trust had considered the latest proposals and the Cabinet were now requested to consider and implement the recommendations made by the Holding Trust.
In their capacity as Bare Trustees (in respect of (a) and (b) below) in order to implement the request from the Holding Trust it was
RESOLVED:
(a) that the land shown red on the plan attached as Appendix 2 to the report be sold to West Mercia Police for the sum of £8250 subject to the following conditions:
1. The receipt of written confirmation from the Bromsgrove Arts Centre Operating Trust that its agreement to the revised egress;
2. That the egress is only used for emergency vehicles;
3. That emergency vehicles may exit onto School Drive for the egress but may not use the egress to re-enter the Police/Fire Station;
4. That signs be erected by the Police to warn members of the public and pedestrians of the egress;
5. That sirens are not to be used by emergency vehicles when exiting from the Police/Fire Station on the egress road;
6. That the matters referred to above be secured either as part of the legal documents for the transfer or by way of a separate legal agreement between the Holding Trust and West Mercia Police;
7. That West Mercia police agree to undertake to pay all the costs reasonably incurred in connection with the preparation, negotiation and completion of all legal documentation.
(b) that NEW College and their successors in title be released from the covenant in the 2003 Transfer Deed under which the College is currently required to provide 20 overspill parking place.
(c) that authority be delegated to the Head of Legal, Equalities and Democratic Services in consultation with the Portfolio Holder and the Executive Director (Finance and Corporate Resources) to:
1. Agree the terms of the sale of the land to the West Mercia Police incorporating the conditional elements detailed above;
2. Approve and implement any associated legal documents relating to the sale of the land and variation of the lease between Bromsgrove District Council, the Holding Trust and the Operating Trust;
3. Approve and implement any associated legal documents relating to the release of the covenant in the 2003 Transfer Deed in relation to overspill parking places