Decision No: CAB035 - 09/2009

 

Forward Plan No: HL03589

This record relates to A03 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

 

07/09/2009  

 

 

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Housing and Local Services  

SUBJECT:

Section 38 Application - East Park Mini Golf  

AUTHOR:

Nick Yeats  

 

 

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) To delegate authority to the Executive Director- Neighbourhoods, following consultation with the Solicitor to the Council, to make an application under Section 38 of the Commons Act 2006, for the construction of a mini golf course at the site of the old bowling green in East Park.

(ii) Subject to a successful application, to approve the construction of the mini golf course at East Park
 

 

REASONS FOR THE DECISION

1. Approval was given at Council in February 2009 to invest in the construction of a mini golf course on the site of the old bowling green in East Park. This park is protected common land under the Commons Registration Act 1965 and there is a requirement under the Commons Act 2006 that an application is made to the Secretary of State via the Planning Inspectorate before any construction can be undertaken.

2. There is no delegated officer within the Council able to make such applications and therefore it needs Cabinet’s approval.
 

 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. Do not make the application under section 38. The Council would not be complying with the Commons Act 2006 legislation. This would leave the Council open to challenge from the public and could result in a public hearing/inquiry and the order of restitution of the land.

2. Do not construct the mini golf course. The invest to save bid was approved to enable ongoing additional income targets of £15,000 per annum. If this did not proceed this income target could not be met.
 

 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

 

 

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

 

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

07/09/2009

The Cabinet

 

Proper Officer:

 

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

08 September 2009 to 15 September 2009

Date of Call-in (if applicable) (this suspends implementation)

 

Call-in Procedure completed (if applicable)

 

Call-in heard by (if applicable)

 

Results of Call-in (if applicable)