Decision

That
Cabinet:
 

a)      
approve the Council entering into arrangements with
Barratt David Wilson Homes (BDW) to purchase (for the consideration
of £1) and maintain the Public Open Space within the Fernwood
North development, subject to the Council securing:
 

i)    
an appropriate contribution towards ongoing
maintenance costs from BDW, subject to BDW successfully securing
and legally executing an agreement with the Council, as the Local
Planning Authority, a S106 Deed of Variation as detailed at
paragraph 2.4 of the report and within Exempt Appendix A;
and
 

ii)   
completion of satisfactory due diligence by the
Director - Communities & Environment, in consultation with the
Street Scene Manager and Principal Legal Officer, on the Public
Open Space extent, type, and phasing including in relation to the
legal title to the land;
 

b)      
approve the Council covering future maintenance
revenue requirements, supplemented by and subject to the required
‘appropriate contribution’ details at a) i) above, as detailed in the Financial Implications
section in Exempt Appendix A; and
 

c)       
approve that delegated authority be given to the
Council’s Director - Communities & Environment, in
consultation with the Street Scene Manager, to secure the land
transfer from BDW, including appropriate phasing and onboarding of
the Public Open Space.