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130524 | ING's Obligation to Transfer Harbour to the Community by Hayle Harbour

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ING's Obligation to Transfer Harbour to the Community

by Hayle Harbour (Notes) on Friday, May 24, 2013 at 7:11am

As part of the process leading to the award of planning consent for a supermarket on South Quay, ING entered into what is know as a Section 106 agreement. (This refers to Section 106 of the Town and Country Planning Act often written S106).

The S106 contains a number of conditions that ING must meet in order to be permitted to commence or continue development.

One of these conditions relates to the transfer of the harbour operations and land to the community. The following text is copied from

"AGREEMENT UNDER SECTION 106 AND 106A OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED) relating to South Quay, Hayle Harbour, Hayle, Cornwall and The Master Plan Area (pursuant to Outline Planning Permission bearing reference W1/08-0613P) and The Phase 1a Infrastructure Works (pursuant to detailed Planning Permission bearing reference W1/08-1721) dated 24 April 2012"

8 Future Management of the Harbour

8.1 Prior to the expiry of twelve months following Commencement of the Development the Owner will consult with local stakeholders including the Council and Hayle Town Council on proposals to create a Community Body and to transfer or procure the transfer of the Hayle Harbour undertaking and Transfer Land to the Community Body to be managed for the benefit of the people of Hayle, which proposals shall include details of:

(a) the form, function, aims and future management of the proposed Community Body in accordance with the principles set out in Clause 8.3; and

(b) the programme for and terms of the transfer of the Hayle Harbour undertaking by the Hayle Harbour Authority and the transfer of the Transfer Land to the proposed Community Body; and

(c) the boundaries of the Transfer Land.

8.2 The Owner will consider all reasonable representations made by the Council on the Owner’s proposals or any reasonable and commercially viable alternative proposals for securing the future of Hayle Harbour for commercial, leisure and fishing purposes which the Council or stakeholders may propose.

8.3 The proposals for the Community Body to be consulted upon in accordance with the provisions of Clause 8.1 shall include the following:

(a) its objects which shall include the conservation, protection, development and improvement of Hayle Harbour for the benefit of the people of Hayle, Cornwall;

(b) its objects may also include the operation and maintenance of Hayle Harbour and the sluicing regime which is to be provided pursuant to the Development subject always to the discretion and statutory obligations of the Hayle Harbour Authority;

(c) its membership shall comprise members who are natural persons and who are representative of statutory bodies, groups and organisations which use Hayle Harbour together with local heritage stakeholder groups and other suitably qualified persons;

(d) it shall either through itself or a wholly owned subsidiary take on the harbour undertaking by way of a transfer by the Hayle Harbour Authority;

(e) its governance or that of the subsidiary referred to in Clause 8.3(d) shall generally incorporate the best practice recommended in the Department for Transport’s publication “Modernising Trust Ports” (second edition) so far as the same is appropriate for the nature of the Community Body and the circumstances of Hayle Harbour.

8.4 Following completion of the consultation process referred to in Clause 8.1 and in accordance with the programme agreed pursuant to Clause 8.1(b) the Owner shall transfer or procure the transfer of the harbour undertaking to the Community Body or its subsidiary pursuant to Clause 8.3(d) and shall transfer or procure the transfer of the Transfer Land to the Community Body and shall advise the Council in writing of the dates on which the Community Body is created and the said transfers of the harbour undertaking and the Transfer Land have been completed.

8.5 In the event that agreement by consensus between the Owner the Council and local stakeholders on all the matters referred to in Clauses 8.1, 8.3 and 8.4 has not been reached by the expiry of twelve months following Commencement of the Development then the obligations contained in this Clause 8 shall cease to be enforceable by the Council as a planning obligation.

 

 

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