To consider the attached report and any recommendations from the Harbour Committee on a proposal to lease part of the sea bed off Tor Bay to enable the sinking of a ship to become a local tourist attraction.

It was proposed by Councillor Ellery and seconded by Councillor Baldrey:

(i)         that, subject to (ii) below, the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to accept a 125-year lease for part of the seabed from the Crown Estate on acceptable terms, and that, in determining the acceptable terms, the Mayor is recommended to seek further legal advice as to the level of the Council’s risk exposure;

(ii)        that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to grant a sub-lease (and if considered appropriate an agreement for that lease) for part of the seabed to a local charitable organisation on acceptable terms;

(iii)       that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Executive Head of Tor Bay Harbour Authority and the Chief Executive of Torbay Development Agency, to enter into such other legal documentation on acceptable terms as deemed necessary; and

(iv)       that the exact position of the sinking of any vessel within Tor Bay Harbour limits will be determined by the Executive Head of Tor Bay Harbour Authority in his capacity as Harbour Master, following consultation with harbour users and the Harbour Committee.

On being put to the vote, the motion was declared carried.

The Mayor considered the recommendation of the Council in (i) to (iv) above at the meeting and the record of his decision is attached to these Minutes.

(Note:  prior to consideration of Minute 305b, Councillor Baldrey declared his interest.)

To consider the attached report on a proposal to lease part of the sea bed of Tor Bay to enable the sinking of the HMS Ark Royal to become a local tourist attraction and make recommendations to the Mayor.

The Committee considered the report on the proposal to create an artificial reef off Tor Bay, and received verbal representations from ‘Wreck the World’ and the Torbay Development Agency.  Members discussed the economic benefits, environmental issues and concerns around the potential level of risk to the Council in taking this project forward.

The Committee formally recognised the effort put in by ‘Wreck the World’ and congratulated them on the work that had already been completed.

Resolved:

1)     that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to accept a 125-year lease for part of the seabed from the Crown Estate on acceptable terms, and that, in determining the acceptable terms, the Mayor be recommended to seek further legal advice as to the level of the Council’s risk exposure;

2)     that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Chief Executive of the Torbay Development Agency and the Executive Head of Tor Bay Harbour Authority, to grant a sub-lease (and if considered appropriate an agreement for that lease) for part of the seabed to a local charitable organisation on acceptable terms;

3)     that the Mayor be recommended to authorise the Head of Commercial Services, in consultation with the Executive Head of Tor Bay Harbour Authority and the Chief Executive of Torbay Development Agency, to enter into such other legal documentation on acceptable terms as deemed necessary;

4)     that the exact position of the sinking of any vessel within Tor Bay Harbour limits will be determined by the Executive Head of Tor Bay Harbour Authority in his capacity as Harbour Master, following consultation with harbour users and the Harbour Committee.

(Note 2:  Prior to consideration of Minute 248, External Advisor Elaine Hayes declared a personal interest as she was Chair of the Inshore Fisheries and Conservation Association.)