Decision details

Proposed Deed of Covenant - Land Known as 'Westfield' Banky Lane, Sale

Decision Maker: Executive Member for Economy and Regeneration

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decision:

1. That the potential risk to the Council be acknowledged in the event that the oil pipeline owned by Mainline Pipeline is damaged by the works to install a new pitch or by the use of that pitch, but that this will be mitigated by requiring full indemnity and insurance from Mersey Valley Sports Club.

 

2. That approval be given for the Council to enter into a Deed of Covenant with Mainline Pipelines and Mersey Valley Sports Club as referred to in paragraph 1.9 of the report to allow for the club to carry out the works.

 

3. That authority be granted to:

 

a) the Corporate Director of Place to finalise the terms of the Deed of Covenant including any terms as are required to best protect the Council against the risk and any other ancillary document as needed; and

 

b) the Corporate Director of Governance and Community Strategy to enter into any legal document to give effect to the above.

Reasons for the decision:

In order to ensure the long term future of Mersey Valley Sports Club and also to continue to help promote the Council’s wider health and wellbeing agenda.

Alternative options considered:

To refuse to enter into an agreement with Mainline Pipelines due to the associated risks that face the Council should they enter into a Deed of Covenant. This would mean that MVSC would be unable to install the new pitch.

Publication date: 27/03/2019

Date of decision: 22/03/2019

Effective from: 04/04/2019

Accompanying Documents: