Decision details

Purpose of Report: This report sets out the terms that have been negotiated with NHS Property Services Limited, their preferred development partner Enterprise Retirement Living Limited and the York Teaching Hospital NHS Foundation Trust to help secure the future of the former Bootham Park Hospital site with proposals to deliver the benefits identified during extensive public including access to the parkland and provision of pedestrian and cycle access through the site to link with the route through to Scarborough Bridge.

The Executive will be asked to authorise the establishment of a set of legal Agreements and Leases in order to secure the desired outcomes identified by citizens and stakeholders during extensive public engagement in 2018 and 2019.

Resolved:  (i)      That the good progress made by officers in negotiating and securing the desired outcomes of continued beneficial use of the parkland and improved pedestrian and cycle routes through the Combined Site required from the redevelopment of the BPH Site, as identified by citizens and stakeholders during extensive public engagement in 2018 and 2019, be noted.

Reason:     To confirm that the aspirations of citizens and stakeholders concerning beneficial use of the parkland and improved pedestrian and cycle routes through the Combined Site can be secured.

(ii)      That it be noted that, as part of the negotiated agreements, a financial consideration will be paid to the council in exchange for the council granting ERL a lease of the Accessway for a term of 999 years (“the Accessway Lease”).

Reason:     To confirm that best value consideration has been secured.

                   (iii)     That approval be given to establish a set of legal Agreements and Leases, as set out in the Legal Implications section of the report and in Annex 2, in order to:

a.           grant the Accessway Lease;

b.           receive the payment of a Premium and the proceeds pursuant to the terms of an Overage Share Agreement;

c.           secure, for a 999 year term, public access to and use of the majority of the Parkland in front of the hospital buildings as well as sport and curriculum use;

d.           secure the right of access for pedestrians and cyclists at all times and for all purposes through the Combined Site; and

e.           by way of a Development Agreement, the improvement of the Parkland, the pedestrian and cycle paths and the railings that surround the BPH Site.

(iv)    That authority be delegated to the Director of Housing Economy and Regeneration, in consultation with the Executive Member for Finance and Performance and the Executive Member for Transport, to agree the final specification of the Pedestrian and Cycle Path Works,.

(v)     That authority be delegated to the Director of Governance, in consultation with the Director of Housing Economy and Regeneration, to finalise the terms of and for the council to enter into these Agreements and Leases.

Reason:     So that the council can secure beneficial public use of the majority of the parkland in front of the hospital building and improved pedestrian and cycle routes through the Combined Site, delivering on the priorities of York citizens and stakeholders as expressed during extensive consultation in 2018 and 2019.