Decision details
Decision Maker: Corporate Director Planning, Growth and Sustainability
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
Exemption from publication: Maintaining an
exemption outweighs the public interest in
disclosure because the third parties involved are likely to
consider that the Council has
breached their expectation of confidentiality if the information
were to be disclosed.
Pursuant to s106 Agreement entered into by Aylesbury Vale District
Council (AVDC)
and Clayhithe Group Plc (CG) on the 8th June 1995, to note the
transfer of Public Open Space
at Whitehead Way, East of Mandeville Road.
Reasons for the decision:
As a condition of the Outlining Planning
Permission permitting the
residential development at Aylesbury Automation, Mandeville Road
Aylesbury
Buckinghamshire HP21 8TT given to CG by AVDC, CG entered a s106
Agreement (dated 8th
June 1995) that obliged them, subject to certain conditions, to
transfer a proportion of the
site to AVDC as Public Open Space.
Most of the Public Open Space was transferred to AVDC in June 2011,
but the area edged
red below remained with CG whilst they overcome
maintenance/condition issues monitored
by the Council’s s106 Monitoring Officer.
These maintenance/condition issues have now been satisfied and the
land is ready to be
transferred to the Council.
The freehold will be transferred to the Council and its use will be
restricted to Public Open
Space.
A commuted sum of £43,000 (including monitoring and legal
fees) will be received as part of
this transaction to cover ongoing maintenance costs
Alternative options considered:
No other options to conside
Wards Affected: Aylesbury South East;
Details of any conflict of interest declared: There are no known conflicts of interest.
Contact: John Reed, Director of Property & Assets Email: John.Reed@buckinghamshire.gov.uk.
Publication date: 05/07/2023
Date of decision: 04/07/2023