Agenda item

            The Committee considered the undernoted report:

“1        Relevant Background Information

            At its meeting on 13th October, 2011 Committee approved the installation of modular changing facilities and a separate meeting room by Suffolk Football Club on the Council’s site at Suffolk Playing Fields.  The land on which the facilities are to be installed, and the buildings themselves, will be incorporated within a proposed 7 year Facilities Management Agreement with Suffolk Football Club, previously approved by Committee on 14 April 2011.

            At the October 2011 Committee a number of related issues were considered, with the Departmental Portfolio Manager to bring a further report to Committee in due course.  In accordance with this, the following information and further authorities are presented for consideration.

(i)          Suffolk Football Club have now obtained Planning Permission for the proposed changing accommodation and meeting rooms. There is no condition in the Planning Approval which time-limits the duration of the Permission except that it must be commenced with 5 years.

(ii)        NIE Ltd have two separate Easements across the Council’s land at Suffolk Playing fields.  One of these is for a Right of Way across the land upon which the modular buildings are to be installed.  The other is for an underground cable which runs under the playing surface of the refurbished pitch.  Agreement has been obtained from NIE Ltd to vary the arrangements in relation to both Easements and in particular to re-direct the Right of Way along an alternative route within the Suffolk Playing Fields. The proposed revised arrangements with NIE are to be given legal effect through an appropriate form of legal agreement to be approved by the Town Solicitor

(iii)      Subject to Suffolk Football Club reaching agreement with NIE, NIE may also seek a further Wayleave Agreement with the Council to allow the installation of a mains electricity supply to the Club’s proposed modular buildings.  If such a separate reply can be provided by NIE the associated NIE will seek a Wayleave Agreement with the Council. 

(iv)      Proposals have been made by Suffolk Football Club for the installation of mains water and sewerage pipes across the car parking area (outside the proposed Facilities Management area) and then through the Facilities Management area to the proposed modular buildings. 

2          Key Issues

            An appropriate legal arrangement, to be approved by the Town Solicitor, is required to facilitate changes to the existing Grant of Easement as required to facilitate the proposed new Right of Way.

            An appropriate legal arrangement, to be approved by the Town Solicitor, will be drawn up to facilitate changes to the existing Grant of Easement as required to facilitate the proposed revised underground cable route.  It should be noted this does not involve any physical alteration of the position of the cables but simply rectifies the map previously submitted by NIE Ltd.

            It is understood the approximate location of a proposed new Wayleave Agreement with NIE Ltd, to serve the modular buildings, will be run from Carnanmore Park across the car park area to connect to a meter point within the Facilities Management area.

            The proposed installation of water and sewerage services to serve the proposed modular buildings are to be installed on land which is presently (and will remain) in Council ownership and thus a wayleave arrangement is not required.  However as installation of these services will not be carried out by the Council’s contractor, but instead will be carried out by Suffolk Football Club’s contractor, the Council should enter into a Licence Agreement with the Club to cover insurance responsibilities, reinstatement and other responsibilities of the parties.

 3         Resource Implications

            Financial

            No financial implications for the Council.

            Human Resources

            Existing Legal Services, Estates Management Unit and Parks and Leisure human resources required to deliver the legal agreements referred to in this report.

            Asset and Other Implications

            The proposed arrangements flow from the decision of the Parks and Leisure Committee of 13 October 2011 to authorise installation of modular buildings by Suffolk Football Club.

4          Equality and Good Relations Considerations

            No known equality or good relations issues associated with the proposals contained in this report.

 5         Recommendations

            Committee is recommended to note that Planning Permission for the proposed modular buildings has been granted and contains no restrictions which would limit the length of time the modular buildings are retained on the site.  Committee is further recommended to approve:

(i)               the amendments to the two existing Easement Agreements with NIE Ltd, as outlined in this report;

(ii)             the grant of a further Wayleave Agreement to NIE (if required); and

(iii)           the grant of a Licence Agreement to Suffolk Football Club to allow installation of water and sewerage services to the proposed modular buildings at Suffolk Playing Fields, all subject to notification to the Strategic Policy and Resources Committee in accordance with Standing Orders 46(a) and 60.”

            The Committee adopted the recommendations.