Further to the decision taken by the Mayor on 4 December 2014 and following advice from the Secretary of State, to consider applying the General Consent Order in respect of granting a restrictive covenant for a period of 100 years with the residents of Churston and Galmpton to not allow any development of Churston Golf Course without any such proposal first obtaining the majority of votes in a referendum of the persons entitled to vote as electors in an elections of Councillors for the Churston with Galmpton Ward.

That following advice from the Department for Communities and Local Government that a further independent valuation was necessary before a decision could be confirmed, the decision taken by the Mayor on 22 October in respect of the covenant protecting Churston Golf Club from development be rescinded as this information has not been received.

To respond to the recommendation of the Council regarding the covenant protecting Churston Golf Club from development.

None

This decision will come into force and may be implemented immediately.

At its meeting held on 4 November 2015, the Overview and Scrutiny Board considered the Notice of Call-in of the Mayor’s decision in respect of the General Disposal Consent Order 2003 to be applied to the disposal (by way of a restrictive covenant), of the land comprising of Churston Golf Club. The Board resolved that the decision of the Mayor be referred to Council for consideration. The Council considered the submitted report on the findings of the Overview and Scrutiny Board and further information regarding the Mayor’s decision at its meeting held on 10 December 2015.

The Council resolved:

“that the Council formally object to the Mayor's decision of 22 October 2015 to apply the General Disposal Consent Order 2003 to the decision of 4 December 2014 to make a disposal (by way of a restrictive covenant), of the land comprising of Churston Golf Club, thereby meaning that the specific consent of the Secretary of State is not required.”

It was anticipated that the Mayor would receive an independent valuation in respect of Churston Golf Club in order for him to reconsider his decision taken on 22 October 2015.  This information will not be available before the ten days in which the Mayor has to respond to the recommendation of the Council.  The Mayor has therefore taken the decision set out above to rescind his original decision.

None