Purpose

Following Cabinet approval in January 2020, and an Officer
Delegated Decision in October 2020, the Council entered into a
development agreement with developer Conroy Brook.
An
amendment to the Development Agreement is now required. A clause
which restricts release of the Phase 2 land until completion of a
drainage easement is to be removed.
 
An additional clause will be
added which allows release of the Phase 2 land upon the completion
of the works to the new library.

Decision

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

15th February 2024

Title:

Swinton Town Centre: Land
Disposal of Phase 2 Charnwood Street Swinton

Decision Maker:
(Including Job
Title)

 Simon Moss
Assistant Director Planning, Regeneration and
Transport

Specific Delegation:
(If any)

Delegations to the Assistant Director
Planning, Regeneration and Transport as Property
Officer are described in Appendix 5, Section 29 of the
Council’s Constitution.
 
Section 29.9 states that all arrangements for
the acquisition and disposal of land and buildings shall be robust
and transparent, in accordance with prevailing legislation, and be
conducted by the Property Officer, including all negotiations and
the preparation and certification of valuation certificates.
 
A waiver of the terms
of  the
Development Agreement is now required to permit the release of the
Phase 2 land prior to formal satisfaction of the contractual
pre-conditions.
 
A waiver letter will be
exchanged to confirm release of the Phase 2 land upon the
completion of the works to the new library.
 

Brief Description of
Decision:

Following Cabinet approval in
January 2020, and an Officer Delegated Decision in October 2020 the
Council entered into a development agreement with Conroy
Brook.  This agreement provided for the
transfer of Phase 2 with the consideration being the carrying out
of capital works by the developer to the Council’s retained
land.
 
A waiver of the Development
Agreement pre-condition be granted to permit the release of the
Phase 2 land on completion of the new library by 31st
March 2024.
 

Reasons for the Decision:

Not permitting the  waiver will delay
release of the phase 2 land and its development until the
resolution of the drainage easement, with expected solution taking
up to 18 months, therefore delaying the completion of the
library.
 

Details of alternative options
considered and rejected:

All the alternative options
were considered as part of the original Cabinet report in December
2018.

Conflicts of interest declared by any
Executive Member consulted by the decision maker which relates to
the decision:

None

Dispensations Granted:
(If any)

None
 

Reports or parts of reports
considered

Swinton Town Centre: Land at
Station Street Disposal
Appendix 1 – Land at
Station Street

 
I certify that this is a true
record of the executive decision to Waiver
the terms of 
the Development Agreement to permit the release of the Phase
2 land prior to formal satisfaction of the contractual
pre-conditions.
 
A waiver
letter will be exchanged to confirm release of the Phase 2 land
upon the completion of the works to the new library.
 
Signed by the Decision
Maker  
Dated: 15th February,
2024
 
 
Name: Simon
Moss                                       
Job Title: Assistant Director
of Planning, Regeneration and Transport