The Cabinet Panel unanimously recommended to HCC’s Cabinet that HCC:
1.disagrees with the conclusions of the Secretary of State in his minded to decision letter dated 20 December 2012 that the factors weighing in favour of permitting the SRFI outweigh the harm that it will cause
2.nonetheless acknowledges that it is obliged to accept that the conclusion of the SoS is binding on it and must act consistently with that conclusion even though it disagrees with it
3.agrees to enter into a section 106 planning obligation in respect of its land at the former Radlett Airfield site in connection with the proposed SRFI scheme (but in doing so does not imply its support for the development) and authorises the DeputyChief Executive in consultation with the Executive Member for Resources & Transformation and the Chief Legal Officer to finalises the terms of the s106 Agreement
4.urges the SoS to review his conclusion in his minded to letter and to reconsider all the evidence available taking account of
a) any change in circumstances since 20 December 2012 including the impact of London Gateway on the potential container business for the Park Street site
b) all representations received by him since 20 December which might influence his conclusions on the balance of benefit and harm
c) the relative merits of alternative suites including any new sites which may have emerged
and
d) views the Section 106 obligations as currently drafted are inadequate
5. defers any decision on the possible disposal of its land pending an absolute decision by the SoS and the final outcome of any legal challenge to such decision
6. recognises that should a lawful planning consent be granted, HCC will make any decision on the disposal of its land at the appropriate time having regard, in particular, to the purposes for which it holds the land, any alternative uses then available and its fiduciary duty. Notwithstanding that if in such circumstances the Council is under a legal duty to dispose of its land, this duty might not require the Council to dispose of its land for use as a SRFI if a rational alternative was then available
The Panel’s recommendations were reported to HCC’s Cabinet who unanimously agreed the recommendations above.