Agenda item

            The Committee was reminded that, at its meeting on 22nd November, 2013, it had received an update regarding the Walkway Community Association LIF Project and had agreed that officers progress discussions with the Roads Service with a view to acquiring, by way of long lease, land at Bloomfield Walkway and to progress discussions with the Walkway Community Association with a view to subletting the aforementioned land. 

            The land formed part of the Comber Greenway and was currently zoned within the draft BMAP as EWAY and it was also within the protection line for the Comber Route E14 road scheme.  The current proposals for the Belfast Rapid Transit were that it would run along the Upper Newtownards Road rather than the Comber Greenway, therefore the land would not now be required for the EWAY.  In addition, the Department for Regional Development Minister, Danny Kennedy, had confirmed the Department’s intention to abandon the E14 road scheme on the adoption of BMAP and thereafter the land could be subject to the normal land disposal process, should that be deemed appropriate.

            The Estates Management Unit had had discussions with Roads Service to clarify the way forward, however, the Department for Regional Development could not sell nor lease the land until it was declared surplus and that could not be done until BMAP had been published, which was at the discretion of the Planning Service.  The Department were, however, willing to grant the Council a 5 year licence which would include rights for the Walkway Community Association to enter onto the land to construct the Multi-Use Games Area and play park using the Local Investment Fund (LIF).

            In the guidance issued to Members, it was stated that the Local Investment Fund was to ‘only fund capital projects which were not owned by the Council’.  In general terms, the view had been taken to date that projects which fell within that category were likely to be funded through the Council’s own Capital Development Scheme and should therefore be ineligible for funding through the Local Investment Fund.  At its meeting on 14th December, 2012, the Committee had clarified that a proposal in respect of a council asset could be eligible if it was subject to a lease of reasonable duration from the Council ‘or the most appropriate alternative arrangement between the Council and the third party depending on the circumstances’.  In this case the most appropriate alternative arrangement was for the Council to take a licence from the Department for Regional Development and then agree terms with the Walkway Community Association to allow the construction of the Multi-Use Games Area and play park. 

            After discussion, the Committee approved:

(1)  the taking out of a licence from the Department for Regional Development on terms agreed between that Department, the Estates Management Unit and Legal Services; and

(2)  the grant of a suitable legal agreement to the Walkway Community Association to allow them to construct and occupy the Multi-Use Games Area and play park on terms and conditions to be agreed by the Estates Management Unit and Legal Services.