Lewes District and Eastbourne Borough Councils' logo

Lewes and Eastbourne
Councils

Agenda item

Public question time

To deal with any questions received from members of the public in accordance with Council Procedure Rule 11 (if any).

Minutes:

Mr Tony Rowell submitted the following questions to Councillor Zoe Nicholson, Cabinet member for finance and assets in relation to agenda item 17 (North Street Quarter – scheme delivery).

 

1)    Would you please confirm that all sections of the Constitution Part 4 ‘Contract Procedure Rules’ Section 18, Disposal of Interests in Land, have been complied with as regards the potential disposal of land to Human Nature?

 

Response:

 

Councillor Nicholson confirmed that the Council had and would be complying with all parts of section 18 in the Contract Procedure Rules, with regards to this disposal process. Section 18 required the Council to advertise land for sale and complete a number of critical actions.

 

2)    Please confirm that Finance Procedure Rules paragraphs 2.1.22 and 3.1.10 have been complied with?

 

Response:

 

Councillor Nicholson confirmed that paragraphs 2.1.22 and 3.1.10 of the Financial Procedure Rules had been complied with as part of this process.

 

Supplementary Question and response:

 

In accordance with the Council’s Cabinet Procedure Rules, Mr Rowell asked the following supplementary question:

 

“Given the answer to the second written question was yes, as the decision to dispose of North Street will result in income of over £500,000 and in accordance with 3.1.10 which states that prior approval for a new proposal of this size must be made at Full Council and to comply with Budget and Policy procedure rules, at which meeting of the Council was this decision made?”

 

Councillor Nicholson confirmed that a written response would be given to Mr Rowell, following the meeting.

 

3)    Agenda item 17 paragraph 2.4 states ‘North Street Quarter Ltd’s (NSQL) agreement to sell its land to Human Nature is, therefore, dependent on this third-party agreeing sale and purchase terms with the Council. At the same time, the Council’s deal with Human Nature is dependent on this purchaser reaching an agreement with NSQL’.

 

Is the purchase of the land from NSQL by Human Nature dependent on the Council selling their piece of land to Human Nature?

Response:

 

Councillor Nicholson responded that part development of the site was not an option, in accordance with Planning Policy set by the South Downs National Park Authority. Therefore, if the Council did not sell their piece of land to Human Nature, the development could not be delivered.

 

Supplementary Question and response:

 

In accordance with the Council’s Cabinet Procedure Rules, Mr Rowell asked the following supplementary question:

 

“What is preventing Human Nature and Lewes District Council from developing the site together?”

 

Councillor Nicholson responded that the Council was effectively developing the site with Human Nature, given the Heads of Terms agreement for the sale, state a number of mandatory points as part of the development. For example, sale of the land was dependent of Human Nature obtaining planning permission and also the inclusion of a Health Hub as part of the planning application. The current situation presented the Council with a landowner that was about to own the majority of the site and had the confidence, despite the current challenging context, to deliver the scheme as a developer itself.

 

Ms Debbie Twitchen submitted the following questions to Councillor Zoe Nicholson, Cabinet member for finance and assets. As Ms Twitchen had sent her apologies, her questions were read out by the Head of Democratic Services.

 

1)    Agenda item 17 paragraph 2.2 states ‘Human Nature will not be recruited to act as the developer for LDC because it will not be entering into a Land Collaboration Agreement (LCA) in the place of NSQL’. 

 

Why will Human Nature not be entering into a LCA with the Council?

 

Response:

 

Councillor Nicholson responded that there was no requirement for a LCA, as Human Nature was the developer itself.

 

2)    Agenda item 17 paragraph 1.4 states ‘On 2nd April 2020, the Leader of the Council gave delegated authority for the Council to enter into an Exclusivity (Lockout) Agreement with NSQL’s preferred developer’

 

Was Human Nature the preferred developer at 2 April 2020?

 

Response:

 

Councillor Nicholson responded that as of 2 April 2020, NSQL had not confirmed its preferred developer. It was expected that following the Cabinet Leader’s Decision, NSQL would shortly inform the Council; however, this occurred during the start of the Covid-19 pandemic. Since that point, NSQL had confirmed that it would not be appointing a preferred developer and instead would be entering into a Sale Agreement with Human Nature.

 

3)    Under the heads of terms with Human Nature, how many homes will be built for letting at social rents?

 

Response:

 

Councillor Nicholson responded that this was subject to the South Downs National Park Authority (SDNPA) Planning Policy as SDNPA was the planning authority. The planning authority set out expectations for the number of affordable homes on any development. As had been reported in the press, Human Nature intended to submit a new planning application which was good news as this must adhere to the SDNPA Local Plan, which now required any developer to make 50% of homes built on the site affordable. The planning application must also have regard to the Lewes Neighbourhood Plan, which had been adopted since the last application was submitted in 2016. The Council expected to be working closely with the SDNPA and Human Nature to ensure the most appropriate balance of affordable homes on the site.