To consider a report setting out proposed amendments to change the Heads of Terms of the joint Wixams S106 legal agreement.

The Committee had before it a report which sought approval of the proposed amended Heads of Terms set out in paragraph 2.1.1 (a) - (h) of Appendix A to the officers’ report as follows:

(a)      Amending and updating the triggers for various pieces of infrastructure, to include date triggers and switching commitments to Village 3;

(b)      Extending the timescales for the provision of the railway station contribution for a further five years;

(c)      Earlier delivery of key roads/Highway infrastructure;

(d)      Amending the affordable housing delivery of Village 3 to be in line with the delivery arrangements for Village 2 as agreed in the 4^th and 7^th Deeds of Variation

(e)      Deletion of the obligation to provide the First Day Nursery in Village 1, subject to the transfer of land to Bedford Borough Council for the provision of a Day Nursery being completed simultaneously with the completion of the Deed;

(f)       The Landscape Enhancement Area between Wixams and Wilstead to be offered to the Wilstead Parish Council (or successor) at nil cost by 200^th occupation within Village 2, and to pay the Commuted Payment for laying out and maintaining the Landscape Enhancement Area.

(g)      The earlier delivery of the Expansion Land obligations;

(h)      Tidies up various points, including listing the previous Deeds of Variation, making minor alterations to the boundaries of the Villages 2, 3 and 4 and removing references to Middle School and the requirement to deliver a Pilot Wind Power Project in the Town Centre.

The Principal Planner (Bedford Borough Council) updated the meeting verbally as follows:

“Discussions have been on going with Developer, Wilshamstead Parish Council and the Marston Vale Trust, regarding the Landscape Enhancement Area (LEA). Agreement has now been reached with all parties, that the woodland area of the LEA will be transferred (by way of lease) to the Parish Council on the completion of the Deed of Variation. In terms of the Landscape Enhancement Area Commuted Payment, the sum of £289,000 has been agreed - an initial sum of £89,000 will be transferred to the Parish Council with the land, followed by a further commuted payment of £200,000, which will be paid in equal instalments paid over the next 4 years (£50,000 per year). The Heads of Terms, the Deed, triggers and the Landscape Enhancement Area Plan will be amended accordingly.

With regard to the transfer and commuted payment for the rest of the LEA, which includes the newt reserve area, this will not be included in the land being transferred to the Parish Council (as set out above), as the developer continues to require this area to translocate newts as necessary and the Parish Council has confirmed that they do not want this land to be included in the transfer at this time.

Whilst the LEA will be a smaller area than originally planned and there will be no requirement for the developer to transfer any further land or payments within the LEA, Members should note that the current S106 does  ...  view the full minutes text for item 4