The subject of the decision:

This report sought approval of a greater proportion of the Section 106 funds previously identified for the delivery of a sports hall and artificial pitch at Easingwold Secondary School, to be used towards the provision of a 3g pitch, subject to the developer’s agreement. The Council had previously agreed that both facilities would be funded from the Section 106 funds.

Alternative options considered:

None.

The reason for the decision:

The S106 off-site recreational contribution of £650,000 was required, in accordance with the terms of the S106 Agreement, to be used for the provision of a sports hall on the Easingwold Secondary School site.  It was necessary to obtain the developer’s consent to vary the S106 to use part of this um £250,000, for the provision of an artificial pitch on the site.  The S106 Agreement did not refer to the funds being provided for the building of a sports hall at the school and did not make reference to who operated the facility, ie the local education authority or an academy.

THE DECISION:

That Cabinet approves:-

(1)     the division of the £650,000 Section 106 funds as highlighted within paragraph 1.9 of the report, subject to the developer’s agreement; and

(2)     subject to recommendation (1) being agreed, that approval of a community use agreement for use of the facilities is delegated to the Chief Executive in conjunction with the Leader.