130524 | ING's Obligation to Transfer Harbour to the Community by Hayle Harbour
ViaFacebook https://www.facebook.com/note.php?note_id=538945966143672&_fb_noscript=1
hayleharbour: ING's Obligation to Transfer Harbour to the Community http://t.co/oXhJh8XQYf - hayleharbour: ING's Obligation to Transfer Harbour to the Community http://t.co/oXhJh8XQYf [Twitter updates from Hayle Harbour Trust ?@hayleharbour]
ING's Obligation to Transfer Harbour to the Communityby Hayle Harbour (Notes) on Friday, May 24, 2013 at 7:11amAs 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.
- Printer-friendly version
- Login or register to post comments
- Permalink
Contributions
- Angarrack Defibrillator Team (25)
- Angarrack Inn (336)
- Angarrack Methodist Chapel (3)
- Carol (15)
- Gail (1)
- GordonG (12)
- Hayle Development Group on Facebook (5)
- Hayle Harbour Authority (4)
- Hayle Town Council (5)
- louise (1)
- Lynne (94)
- Mal (1)
- Neil (22)
- Neils Garden Care (9)
- Russell (21)
- Secretary - Christmas Lights (118)
- Steve (3)
- webmaster (5023)
Book page
Similar
- PA15/03669 | Reserved Matters Application For The Creation Of New Footpath Through Isis Gardens, Connecting Foundry Square To Th
- PA16/02108 | Discharge of condition 8 in regards to PA13/05516 - Access To South Quay Hayle Cornwall | PA12/10064
- 100629 | W1/08-0613
- 140106 | Submission of details to discharge conditions 33, 34 and 36 and 37 in respect of decision notice PA13/01370 | Hayle Har
- 141002 | ING has now permitted the consultation regarding the future management to go ahead and the matter is to be progressed b
Similar across site
- PA15/03669 | Reserved Matters Application For The Creation Of New Footpath Through Isis Gardens, Connecting Foundry Square To Th
- PA16/02108 | Discharge of condition 8 in regards to PA13/05516 - Access To South Quay Hayle Cornwall | PA12/10064
- 100629 | W1/08-0613
- 140106 | Submission of details to discharge conditions 33, 34 and 36 and 37 in respect of decision notice PA13/01370 | Hayle Har
- 141002 | ING has now permitted the consultation regarding the future management to go ahead and the matter is to be progressed b
Hayle and Angarrack news | Google
- Derelict flat tower catches fire in the middle of the night - Cornwall Live
- Person trapped in vehicle after late night crash in Cornwall - Cornwall Live
- Latest News From Hayle - Breaking News & Stories - Cornwall Live
- Photos of Northern Lights in Cornwall from Friday evening - Falmouth Packet
- Owl rescued from chimney in Cornwall - BBC.com
- Man 'with gun made threats to kill' in Cornwall hotel incident - Devon Live
- Armed police arrest man at Hayle hotel | News - Hits Radio (Cornwall) - Planet Radio
- Man arrested for making threats at Hayle Premier Inn - BBC.com
- Man arrested for making threats at Hayle Premier Inn - BBC
- Armed police standoff at Hayle Premier Inn in Cornwall - Cornwall Live
- Hayle incident: Armed police surround Premier Inn after incident inside Cornwall hotel - Express
- A30 Traffic Today - News on Accidents, Crashes & Closures - Cornwall Live
Problems within 7km of Hayle | FixMyStreet
Hayle News
- We are super proud of our youth member Emi who has been selected as Hayle’s Young Person of the Year 2024 at the annual Mayors a...
- Photos from Hayle Library's post
- Many congratulations to George who was confirmed as the Mayor's Cadet for 2024-25 at the Hayle Town Council Annual Council Meeti...
- Photos from Hayle Town Council's post
- *Road Closure Order - Nanpusker Road, Angarrack*
- Derelict flat tower catches fire in the middle of the night - Cornwall Live
- Person trapped in vehicle after late night crash in Cornwall - Cornwall Live
- www.hayletowncouncil.net
Facebook - Hayle Town Council
- We are super proud of our youth member Emi who has been selected as Hayle’s Young Person of the Year 2024 at the annual Mayors a...
- Photos from Hayle Library's post
- Many congratulations to George who was confirmed as the Mayor's Cadet for 2024-25 at the Hayle Town Council Annual Council Meeti...
- Photos from Hayle Town Council's post
- *Road Closure Order - Nanpusker Road, Angarrack*
Facebook - Hayle and St Ives Police
- DO YOU KNOW WHO DID THIS?? Someone has sprayed this terrible graffiti on the wa...
- KEEP YOUR SHED AND GARAGE SAFE!!!! Although here in West Cornwall we live in a r...
- We have been asked to share this post. It serves as a horrific warning about the...
- http://m.westbriton.co.uk/Thieving-neighbour-lives-hell/story-26538405-detail/st...
- Serious RTC A30 Chiverton Cross. Witnesses sought after A30 collision, near T...
- Missing man Andrew Lambert found safe Found in Oxfordshire A man who went miss...
Recent comments
3 weeks 6 days ago
39 weeks 3 days ago
41 weeks 1 day ago
41 weeks 1 day ago
50 weeks 6 days ago
1 year 11 weeks ago
1 year 35 weeks ago
1 year 45 weeks ago
2 years 5 weeks ago
3 years 30 weeks ago