Decision

That
Cabinet:
 

a)      
continue to support the approach to securing a
‘No ManCo’ (Management
Company) approach for future Open Spaces coming forward as part of
Fernwood North (BDW) and Fernwood Central (Allison Homes). This
approach shall be secured by S106 variations for both Phases, the
details of which to be delegated to the Director – Planning
& Growth in consultation with the Assistance Director Legal
Services. S106 Agreements shall be subject to standard due
diligence clauses covering design, implementation and handover of
Open Spaces;
 

b)      
delegated authority be given to the relevant
Director and Assistant Director – Legal & Democratic
Services authority to seek and secure S106 legal agreements from
Fernwood Parish Council and Barratt David Wilson (BDW) to enter
into arrangements to secure the future public ownership, management
and maintenance of Open Space on the Fernwood North (Barratt David
Wilson, BDW) Phases, subject to the terms set out in Exempt
Appendix A, save for an additional caveat which allows Fernwood
Parish Council (FPC) to take ownership, management and maintenance
of Open Space at any time (including prior to any initial land
transfer), subject to requisite notice (such period to be agreed)
to the District Council;
 

c)       
should FPC elect to own and manage Open Space in
accordance with resolution b) above at any time, that the relevant
Directors be authorised to underscore the importance of all Open
Space across Fernwood (Fernwood Central – Allison Homes,
Fernwood North – Persimmon, and Fernwood West (Business Park
and Residential) being in a single ownership in order to ensure
continuity of responsibility and consistency of service standards
across the Parish; and
 

d)      
should FPC elect not to agree the terms detailed in
resolution b) above, that a further report and implications be
brought to a future Cabinet (no later than January
2025).