49.1 The Lead Member considered a report by the Chief Operating Officer.
49.2 The Lead Member RESOLVED to (1) Declare the asset known as Open Space Land at Woollard’s Field, Brighton surplus to the County Council’s requirements;
(2) Approve the disposal of the County Council’s freehold interest in the Site to achieve best value in accordance with section 123 of the Local Government Act 1972 and the obligations of the section 106 agreement; and
(3) Delegate authority to the Chief Operating Officer to determine the detailed terms of the disposal and to ensure the legal documents are in place to transfer the land as outlined in a previously signed 106 agreement.
49.3 The County Council and Brighton & Hove City Council (BHCC) as local planning authority entered into a Section 106 Agreement dated 17 January 2011. This was a requirement for the Council obtaining planning permission for adjoining land. The County Council agreed, as detailed in Schedule 8 of the S106 Agreement, to transfer the Open Space Land for Nil consideration to BHCC.
49.4 The land needs to be declared surplus in order for the section 106 agreement obligations to be enacted. The land will be safeguarded for community use as public open space and be utilised by BHCC as a Community Orchard.