Decision Maker: Executive, Council

Outcome: Recommendations approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: September 19, 2024

Purpose: To approve the transfer of Section 106 Assets from developers of Westvale Park including open space, allotments, neighbourhood hall and play areas in Horley.

Content: RESOLVED that Executive –   (i)             To note the assets that are being transferred to the ownership of the Borough Council at nominal cost under the terms of a Section 106 legal agreement and Deed of Variation relating to Westvale Park in Horley and the associated financial, operational and asset ownership implications; (ii)           To authorise the Chief Finance Officer and Monitoring Officer, in consultation with the Portfolio Holder for Finance & Assets, to complete the conveyancing of the land and assets to the Borough Council under the terms of the Section 106 legal agreement and Deed of Variation relating to Westvale Park and to undertake all actions necessary to register the assets; (iii)         To authorise the Chief Finance Officer to allocate Section 106 commuted sums, currently forecast to total £7 million, for the 11 Local Areas of Play, 5 Local Equipped Areas of Play, two Allotment sites and the Riverside Green Chain public open space, to fund the future revenue budget cost of their management and maintenance and future capital replacement costs; (iv)         To authorise the Head of Leisure & Cultural Services and the Property Services Manager to make all necessary arrangements to bring the assets into operational use; (v)           To authorise the Chief Finance Officer, Head of Place Delivery and Property Services Manager, in consultation with the Partnership, Shareholder and Trustee Executive Sub-Committee, to run a process to select an organisation(s) to enter into a lease(s) to run and/or to occupy the Neighbourhood Hall at a peppercorn rent; (vi)         To authorise the Chief Finance Officer and Property Services Manager, in consultation with the Partnership, Shareholder and Trustee Executive Sub-Committee, to agree the terms of a disposal of the Neighbourhood Hall, including the granting of a lease(s) at a peppercorn rent. (vii)        To authorise the Chief Finance Officer and Property Services Manager, in consultation with the Partnership, Shareholder and Trustee Executive Sub-Committee, to agree the terms of a disposal of space within the Neighbourhood Hall for the use of a General Practitioner, including the granting of a lease at a peppercorn rent. (viii)      To authorise the Head of Place Delivery in consultation with the Chief Finance Officer and Property Services Manager to agree the specifications for the Neighbourhood Hall and to authorise the instruction and enactment of any amendments, modifications and works to the developer’s specification as necessary and to procure any further suppliers and or building adaptions in order to bring it into operational use; (ix)         To authorise the Head of Place Delivery, the Chief Finance Officer and Property Services Manager to allocate £0.104 million Section 106 commuted sum for the installation and maintenance of a system of closed-circuit television for the neighbourhood hall and its environs. (x)           To authorise the Head of Place Delivery, the Chief Finance Officer and Property Services Manager to allocate the Neighbourhood Hall section 106 contribution currently forecast to be £0.383 million to fund professional fees and/or other works to bring the Neighbourhood Hall into operational use and for the Chief Finance Officer and Property Services Manager to allocate the remainder of the contribution to fund future management and maintenance costs, including allocating a specific sum for future capital replacement costs; (xi)         To authorise the Head of Place Delivery to run a procurement process to appoint an artist(s) and to provide project resources to work with the local community to create and install public art in Westvale Park to be funded from £0.354 million of Section 106 funding and for the Chief Finance Officer to allocate the remainder of the contribution to fund future management and maintenance costs, including allocating a specific sum for future capital replacement costs.