Purpose

To seek approval to agree and formalise a Deed
of Release of a restrictive covenant with East Midland Baptist
Trust for the site comprising the (Former) Beacon Baptist Church
and associated Land at Killisick Road, Arnold.

Decision

Recommendation that the Leader of the Council
agrees to a Deed of Release being entered into in return for a
payment of £35,000 from the Landowner. This would formalise
an agreement to remove the covenant that permits only the
construction of a religious building on the site.
That the Leader approves the removal of the covenant and any legal
interest that the Council holds in the land in return for the
payment agreed with the landowner.

Reasons for the decision

Allow the Council to agree to release the
covenant, agreement of which will generate additional income for
the Council.

Alternative options considered

An alternative is to refuse to enter into a
Deed of Release and provide consent as required by the covenant for
building on the land other than a religious building. This would
mean that the covenant would remain and any future development of
the land would require further consent from the Council.
Another alternative would be to refuse to enter into a Deed of
Release and insist on the restrictive covenant being enforced. This
would mean that only religious buildings could be built on the
land. This would affect the Landowners ability to sell the
land.