Decision Details

Implemented

St James South Elmham Parish Meeting - power/function to own and hold freehold land

ES/1404

No

Portfolio

Cabinet Member with responsibility for Housing

Thu 22 Dec 2022

No

Decision of the Cabinet Member with responsibility for Housing.

That the Head of Legal and Democratic Services be authorised to make an Order under Section 109 of the Local Government Act 1972 granting St James South Elmham Parish Meeting the power/function of a parish council in regard to the ownership and holding of freehold land so as to give effect to the resolution of East Suffolk Council’s Cabinet on agenda item 7 (ES/0547) on 3 November 2020, namely approval of the transfer of the land shown in the plan at Appendix B of report ES/0547 together with access across the land shown edged in brown to St James South Elmham Parish Meeting for nil consideration subject to an overage agreement retaining 85% of any uplift in value on the grant of planning consent for any development for a period of 40 years

Legal & Democratic Services

Not Applicable

Christopher Bing

Head of Legal & Democratic Services and Monitoring Officer

chris.bing@eastsuffolk.gov.uk

ES/0547 - Transfer of Property in St James South Elmham. Report to East Suffolk Council's Cabinet meeting of 3 November 2020. 

No

That the Head of Legal and Democratic Services be authorised to make an Order under Section 109 of the Local Government Act 1972 granting St James South Elmham Parish Meeting the power/function of a parish council in regard to the ownership and holding of freehold land so as to give effect to the resolution of East Suffolk Council’s Cabinet on agenda item 7 (ES/0547) on 3 November 2020, namely approval of the transfer of the land shown in the plan at Appendix B of report ES/0547 together with access across the land shown edged in brown to St James South Elmham Parish Meeting for nil consideration subject to an overage agreement retaining 85% of any uplift in value on the grant of planning consent for any development for a period of 40 years.

To give effect to the resolution of East Suffolk Council’s Cabinet on agenda item 7 (ES/0547) on 3 November 2020, namely approval of the transfer of the land shown in the plan at Appendix B of report ES/0547 together with access across the land shown edged in brown to St James South Elmham Parish Meeting for nil consideration subject to an overage agreement retaining 85% of any uplift in value on the grant of planning consent for any development for a period of 40 years.

The St James South Elmham Parish Meeting must have the power/function of a parish council in regard to the ownership and holding of freehold land, or else the resolution of East Suffolk Council’s Cabinet on agenda item 7 (ES/0547) on 3 November 2020 could not be completed. Therefore not to grant this power is not a realistic option and with that in mind no other options were considered. 

None

Not applicable