Issue - items at meetings - Open Market Redevelopment Proposal

Report of the Strategic Director, Place (copy attached).

(1)         That Cabinet notes the project progress described in sections 3 and 7 of this report made since Cabinet approved landowner consent for the project to continue in December 2008.

(2)         That Cabinet resolves to exercise the City Council’s powers of appropriation under section 122 of the Local Government Act 1972 so that the land at the Open Market redevelopment site as identified on the plan at Appendix 1 is appropriated for planning purposes.

178.1          The Cabinet considered a report of the Strategic Director, Place seeking approval to appropriate the council land at the Open Market site for planning purposes in line with the Development Agreement for the Open Market scheme proposal.

178.2          The Chairman noted that, at it’s meeting on 17 February, the Cabinet had agreed to defer the original decision pending further clarification on issues of concern that had not been adequately addressed within the report to Cabinet or the report to the Panning Committee, which , at the time, had just been published. She reported that the Planning Committee met on 23 February and unanimously resolved to approve planning permission for the scheme, subject to the signing of a Section 106 agreement, following clarification and reassurance from the developers over a number of issues. It was now for the Cabinet to decide whether its concerns had been satisfactorily addressed.

178.3          Councillor Fallon-Khan explained that the original report had been deferred due to the emergence of additional information. He stated that, given the number of interested parties, it was important to be open and fair and deal with any anxieties. He noted that the Cabinet had not sought to influence the Planning Committee.

178.4          In response to questions from Councillor Young in relation to the assurances given by the developers regarding temporary stalls and delivery access, Councillor Fallon-Khan explained that a councillor would sit on the Community Interest Company and would be able to help with any concerns from traders. He noted that Hyde Housing had made every effort to provide the information requested and deal with the concerns raised.

178.5          The Chairman noted that the Cabinet’s concerns would have been known to the Planning Committee and that, as they had agreed to grant planning permission, they must have been satisfied with the assurances given by Hyde.

178.6          The Acting Assistant Head of Law reported that officers had met with Hyde to discuss the Cabinet’s concerns, which they listened to and were able to respond to. He advised that all general conditions for the operation of the market, including delivery access, were discussed with traders and that they had formed part of the business case for some time; it was important for Hyde, as landlords, to ensure that the market worked. He noted that the council, as the planning authority, saw the development as a workable scheme.

178.7          In response to a query from Councillor Theobald about possible Environmental Health issues raised by residents in the future, the Acting Assistant Head of Law advised that the conditions in the scheme would not prevent such issues being investigated and that Hyde would be responsible for addressing them. He added that Hyde could look at other similar developments and would rely on their own experts to prevent problems arising.

178.8          Councillor Fallon-Khan stated that while the enabling housing development was necessary, the priority was guaranteeing the future of the market; he hoped that the emphasis would remain on the market.

178.9          In response to a question from Councillor Randall about the decision of the Planning Committee, the Chairman confirmed that, except for two informatives, the scheme had been granted planning permission unamended.

178.10      Councillor Young stated that it was essential that the Administration be fully briefed on large scale developments before they reached the Planning Committee so that any concerns could be addressed in good time.

178.11      Councillor Theobald stated that he felt that the agreed scheme placed greater emphasis on the housing development and that he was unsure whether it represented the best use of the site.

178.12      The Chairman advised that the concerns were shared by all Cabinet Members and that the report had been deferred in order to obtain more information about those issues.

178.13      RESOLVED – That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

(1)         That the project progress described in sections 3 and 7 of this report made since Cabinet approved landowner consent for the project to continue in December 2008 be noted.

(2)         That approval be given to exercise the City Council’s powers of appropriation under section 122 of the Local Government Act 1972 so that the land at the Open Market redevelopment site as identified on the plan at Appendix 1 is appropriated for planning purposes.

Report of the Strategic Director, Place (copy attached).

(1)       That Cabinet notes the project progress described in sections 3 and 7 of this report made since Cabinet approved landowner consent for the project to continue in December 2008.

(2)       That Cabinet resolve to exercise the City Council’s powers of appropriation under section 122 of the Local Government Act 1972 so that the land at the Open Market redevelopment site as identified on the plan at Appendix 1 is appropriated for planning purposes.

(1)         That the consideration of the item be deferred to a Special Meeting of the Cabinet to be arranged as soon as possible so as not to prejudice the council’s ability to conclude agreements before 15 March 2011.

170.1          The Cabinet considered a report of the Strategic Director, Place seeking approval to appropriate the council land at the Open Market site for planning purposes, subject to a planning decision and in line with the Development Agreement for the Open Market scheme proposal.

170.2          The Chairman had declared a personal and prejudicial interest and left the meeting during consideration of the report. Councillor Simson chaired the meeting for the duration of the item.

170.3          Councillor Mitchell queried whether work must begin before the end of March in order not to jeopardise the funding available for the affordable housing.

170.4          The Strategic Director, Place advised that Hyde Housing Association had confirmed that the funding was still in place, but remained subject to the scheme achieving planning consent at the Planning Committee meeting on 23 February. He confirmed that the Homes and Communities Agency (HCA) had made a commitment to make approximately £4.2m available from the current three-year programme.

170.5          Councillor Fallon-Khan noted that a number of concerns had been raised and that more information was needed in relation to delivery and access times to the market, noise issues, temporary stalls and the increase in residential units. He requested that the decision be deferred to allow more time to examine the issues raised and suggested that a Special Cabinet meeting be arranged.

170.6          Councillor Caulfield noted concerns about the funding for the affordable housing, but advised that the market would not be sustainable under the proposed conditions.

170.7          Councillor Randall questioned why such fundamental issues had not been highlighted before and expressed concern about the HCA funding.

170.8          Councillor Simson noted that concerns had been highlighted since the publication of the Planning Committee agenda and the traders had legitimate concerns that needed to be addressed in order to guarantee the future of the market.

170.9          The Head of Law explained that, except for the Planning Committee meeting on 23 February, the decision on the report under consideration would be the final opportunity for Member involvement in the scheme. He advised that a short deferral was possible, providing it did not prejudice the situation with regard to the HCA funding and associated timetable.

170.10      Councillor Simson stated that a Special Cabinet meeting would be required for the decision to be made following further consideration on the concerns highlighted.

170.11      Councillor Theobald suggested that the Cabinet meet after consideration of the issues by the Planning Committee.

170.12      RESOLVED – That, having considered the information and the reasons set out in the report, the Cabinet accepted the following recommendations:

(1)         That, having considered the information and the reasons set out in the report, the Cabinet decided that the consideration of the item be deferred to a Special Meeting of the Cabinet to be arranged as soon as possible so as not to prejudice the council’s ability to conclude agreements before 15 March 2011.