Council decisions

To authorise the completion of  (a) the surrender of part of Headlease 1 as defined in the Exempt report entered into between the Council and Toys R Us (b) a Deed of Variation  to vary  Headlease 2 (“the TRU Site”)  as defined in the Exempt Report  (c ) the consequential amendments required to the BXS legal documentation to ensure that the TRU Site forms part of the BXS scheme;  and d)  revisions to the Direct Agreement between the council and Homes England (Lender) and to the Legal Charge to include the freehold of the TRU Site.

To authorise the sealing of the Deed of Variation to the Grahame Park Principal Development Agreement.

1. To approve the appropriation of the areas of land referred to in this report and shown shaded blue, yellow, pink and green on the plans at Appendix A of this report for planning purposes and in order to facilitate the development of land for mixed uses including residential, retail, commercial, leisure, community, infrastructure and other uses, pursuant to powers contained in section 122 of the Local Government Act 1972.

2.    To authorise Council Officers to apply to the Secretary of State for consent for the appropriation of the land referred to in this report at paragraph 2.21 below and shown shaded blue on the plans 24685/5 and 24685/6 pursuant to Section 19(2) Housing Act 1985. The appropriation of that land shall not take place until the Secretary of State has consented to its appropriation.

3.    In taking the decisions set out at paragraphs 1 and 2 above to note that the consequence, in respect of the land shown shaded blue on the plans at Appendix A and in the event that the consent of the Secretary of State referred to in paragraph 2 above is given, will be to enable easements and other rights to be overridden in accordance with the provisions of section 203 of the Housing and Planning Act 2016 (“the 2016 Act”).

4.    In taking the decisions set out in paragraphs 1 and 2 above to note that the consequence, in respect of the land shown pink, yellow and green on the plans within Appendix A, will be to enable easements and other rights to be overridden in accordance with the provisions of section 203 of the 2016 Act.

5.    To confirm that the Deputy Chief Executive may following the appropriation of the land shaded pink, yellow, green and blue on the Plans attached at Appendix A negotiate any valid claim pursuant to section 204 of the 2016 Act arising from the overriding of any third party rights, easements and covenants as a result of the appropriation pursuant to section 203 of the 2016 Act.

6.    In respect of the land shown coloured yellow on the plans at Appendix A the appropriation of that land shall not take effect until such time as a stopping up order or diversion order has been made and has come into force in relation to that land.

7.    To authorise the Director of Finance to take such necessary administrative and accounting steps to give effect to the appropriation and record the same including any required adjustments to the Housing Revenue Account (HRA).

8.    To note that the Council will transfer its land to BXS in accordance with the mechanisms set within the BXS Project Agreement.

9.    To note that further appropriations may be required and will be subject to a Chief Officer Decision report.

To authorise the sealing of the Deed of Variation to the Grahame Park Principal Development Agreement.

Approve the sale of the land (the ‘Property’), as identified on the Plan in Appendix 1 (drwg. no.24881) for £35,000.

Authorisation to award a contract to City Axis Limited for £ £873,538.57 for a period of 6 months (construction period).