Issue - items at meetings - Public Questions

(The closing date for receipt of public questions is 12 noon on 19 January 2009)

(copy attached).

86.1               The Cabinet Member reported that one public question had been received.

86.2               Mr Davys asked the following question:

"Have the developers of the Brighton O entered into and/or signed any form of development agreement with Brighton & Hove City Council?"

86.3               The Cabinet Member gave the following response:

“There is no development agreement as such between the Council and Paramount Attractions Limited, who are the proposed developers of the Brighton O. If planning permission were to be granted there would be a s106 Agreement entered into as well as relevant property documentation.

There is, however, an Exclusivity or Lock Out Agreement which expires on 31.03.10. That Agreement includes termination provisions and provides that all planning and challenge risk is with the developer.

Scott Marshall, Director of Culture & Enterprise, has recently been appointed as the Project Director for the Brighton O and he is working with other officers to see if development of the O is possible, in such a way that does not prejudice the Sailing Club, the i-360, the West Pier Trust and the seafront generally. This includes looking at alternative sites.”

86.4               Mr Davys asked the following supplementary question:

“Is there any more you can tell us?”

The Cabinet Member advised that there was nothing else he could add, but asked the lawyer to the meeting, who was also the council’s lawyer for the i360, as well as the Brighton O project, if he could provide any further information.

86.5               The lawyer to the meeting explained that discussions were ongoing. Although the planning application was scheduled to be considered at a forthcoming meeting of the council’s Planning Committee and officers had recommended that approval be refused, the decision could still be deferred to allow attempts to be made to overcome the prejudice to the sailing club prior to consideration by the Committee. The council hoped to have further discussions with Paramount Attractions Ltd.