| Item | Description | Resolution |
|---|---|---|
| PART 2 - PRIVATE | ||
| MATTERS FOR RECOMMENDATION TO THE COUNCIL | ||
| CB 06/070 |
Hadlow Tower - Progress Report (Reason: LGA 1972 Sch 12A Para 5 - Legal Advice) |
The joint report of the Director of Planning and Transportation and Chief Solicitor updated the position since the last report to the Cabinet on 6 April 2005 (Decision No 050406 CAB073 refers). Members were advised that the Vivat Trust had prepared and submitted its restoration scheme to the Heritage Lottery Fund which had agreed to a substantial increase in grant funding. Since this offer was likely to be conditional on the Council serving the Compulsory Purchase Order within a prescribed timescale, consideration was given to a proposed way forward subject to a careful reassessment of the risks to the Council. RECOMMENDED: That (1) following an independent financial and legal risk assessment aimed at identifying how the Council can minimise its exposure to risk and subject to: (i) the detail of the Heritage Lottery Fund grant offer being considered; (ii) the Vivat Trust entering into a binding contract to accept the transfer of the freehold of the property on a back-to-back basis immediately upon its acquisition by the Council; (iii) clear and confident confirmation from Vivat Trust as to how it intends to close the funding gap; (iv) the granting of planning permission and Listed Building Consent for the restoration works; the Compulsory Purchase Order (CPO) be served on the owner of Hadlow Tower and all parties who have an interest in the Tower within the timescale prescribed by the Heritage Lottery Fund; (2) subject to confirmation of the CPO by the Secretary of State, Notice to Treat only be served if the Vivat Trust confirms that it is ready and able at that time to take on the ownership of the building; (3) the Council confirm that it will bear all administrative and legal costs involved in securing the CPO, including the cost of the Inquiry and any compensation costs that might be awarded to the owner, but not the restoration cost which will continue to fall exclusively to the Vivat Trust with such grant aid as is available; (4) the Council make available from revenue reserves an additional sum of £35,000 to meet the immediate costs associated with the potential acquisition of the Tower; and (5) a Capital Plan List C evaluation be undertaken for consideration in January 2007 to address the issue of compensation costs. *Referred to Council |