Councillor Adrian Jones introduced a report by the Director of Universal and Infrastructure Services, seeking a decision to release restrictive covenants on land at Ingleborough Road, Tranmere, currently used by Tranmere Rovers Football Club (TRFC) as an Academy training facility.

The report also sought approval to enter into:

1.  A Lease of land at Solar Campus, Leasowe, shown on Plan 1 for identification purposes annexed to the report, for the replacement of pitches.

2.  An Agreement for Lease/Lease of land and buildings, also at Solar Campus, Leasowe, shown on Plan 2 for identification purposes annexed to the report, for the development of a First Team, Football Academy and Community Facility.

In addition, approval was required for the land shown on Plan 1 and the land and buildings shown on Plan 2 attached to the report and referred to in paragraphs 1.2.1 and 1.2.2 to be appropriated for planning purposes under section 237 Town and Country Planning Act 1990. 

The Cabinet noted that appropriation occurred where the Council held land for one particular purpose and it made a declaration that it was going to hold the land for a different purpose.  The relevant land was currently designated as greenfield land but it had originally been purchased for educational purposes.  It was used by the public as open space but it was not formally designated as open space.  In order to clarify the designation of the land it was considered that the Council should formally appropriate the land in question for planning purposes. 

The Cabinet also noted that section 122 of the Local Government Act 1972 required the Council to advertise the intention to appropriate open space land as shown on Plan 1 for two successive weeks in a newspaper circulating in the area.  Section 123 of the Local Government Act required the Council to similarly advertise any proposed disposal of open space land.  Any objections needed to be notified to the Council for consideration prior to such appropriation or disposal. 

The Cabinet was, therefore, requested, subject to there being no objections as referred to in the paragraph above, to approve the appropriation and disposal of the land as shown on Plan 1 and to approve the appropriation and grant of an Agreement for Lease in respect of the land and buildings shown on Plan 2.  The report proposed that any objections be considered by the Director of Universal and Infrastructure Services in consultation with the relevant Portfolio holder who should then be given delegated authority to determine the appropriation and disposal. 

Councillor Jones reminded the Cabinet that the original transfer deed relating to the Ingleborough Road site (in addition to the restrictive covenants) reserved the right for the Council to enter onto the property and remove the plaque which commemorated the loss of former pupils of Birkenhead Institute in the First World War. Agreement had now been reached in principle between Tranmere Rovers, the prospective developer of the site and Council officers, to work with the Birkenhead Old Boys Association to jointly fund and develop an appropriate memorial at a site to be agreed. A joint fund was to be set aside for this work. Materials recovered from the former pavilion would be retained for re-use in the memorial.

Mr RE Wood was in attendance at the meeting to represent the Old Boys Association and to speak on its behalf as he had attended the Birkenhead Institute between 1953 and 1961.  He informed that agreement had now been reached on a substantial memorial.  It was a proposal at the moment but the detail would be worked up.  The Old Boys Association wanted to see a memorial established, possibly in Hamilton Square. 

Mr Wood thanked the Director of Universal and Infrastructure Services for his help in bringing this matter to a satisfactory conclusion. 

Councillor Phil Davies informed Mr Wood that the Cabinet was very grateful to him for the work he had done and that he hoped that there would be constructive discussion between himself and the Director of Universal and Infrastructural Services that would enable them to reach a satisfactory outcome, in terms of the memorial.

Councillor Davies informed the Cabinet that it was pleasing to see a resolution to this issue after a number of years.  TRFC would get good facilities, as would the community and the Council would get a capital receipt which it would be able to reinvest. Councillor Davies also thanked the Director of Universal and Infrastructure Services and his Team for all of their hard work on this initiative.

Councillor Adrian Jones proposed and Councillor Phil Davies seconded and it was

RESOLVED: (unanimously) That

(1)  the release of the restrictive covenants in favour of the Council on the Ingleborough Road site on the terms set out in the report, subject to the market value of the site for residential development being independently certified, be approved;

(2)  the Cabinet’s support for the relocation of TRFC’s training facility to the Solar Campus, Leasowe, rather than Woodchurch be confirmed;

(3)  it be agreed, subject to there being no objections to the disposal of the land referred to in paragraph 1.4 of the report, that a Lease of the land on Plan 1 and the Agreement for the lease of the land and buildings on Plan 2 be negotiated by the Director of Universal and Infrastructure Services and the Head of Legal Services on terms favourable to the Council;

(4)  it be agreed, subject to there being no objections as referred to in paragraph 1.4 of the report, that the land shown edged red on Plan 1 be appropriated for planning purposes and the land and buildings shown edged red on Plan 2 be appropriated for planning purposes;

(5)  any objections received, following public notice of the intended appropriation and disposals, be considered by the Director of Universal and Infrastructure Services in consultation with the relevant Cabinet Portfolio Holder, who shall then have delegated authority to determine the relevant appropriations and disposals.