Agenda item

To receive an update from the Director of Environment and Corporate Assets on the progress made in respect of Cabinet Decision CAB61 (Regent Cinema – 3 October 2016).

The Director of Environment and Corporate Assets presented the update on the Regent Cinema.

Members were advised that the following progress had been made against the decision made by Cabinet at its meeting held on 3 October 2016:

CAB61(a)(a):       That Planning Officers be instructed to immediately cease providing pre-application advice to the developers of the Regent Cinema. Cabinet noted that the developers had recently been advised by the Chief Executive that the pre-application advice process had been exhausted and that they should proceed with a planning application as soon as possible.

Members were advised that officers had ceased providing pre-application advice although they remained in contact with the developers.

CAB61(a)(b):       That the developer be given 3 months to submit an outline planning application and 6 months to submit a full planning application for the Regent Cinema building and, if these deadlines are not met, the Council take enforcement action in respect of the building.

As of 14 February 2017 no application had been received. It was noted that an outline planning permission was not a requirement and that a full application could be submitted directly instead.

The Director of Environment and Corporate Assets advised that the deadline for the six months was considered to be 3 April 2017 and if no application had been received at that time the Council would explore the options available to it.

CAB61(a)(e):       That an immediate inspection of the Regent Cinema building be undertaken by Officers to look at whether a Section 215 notice can be issued and a report be provided to a future meeting of the Scrutiny (Policy and Performance) Committee outlining the action taken. Cabinet noted that Officers had visited the site the preceding week, and that the Section 215 process could potentially take up to 5 months should the developer appeal against the notice.

Planning Enforcement officers had visited the site on several occasions and the site was now tidier. In addition, the owners had undertaken the work that officers had requested to be made to the site. At this point there was no need to use Section 215 powers.

CAB61(a)(g):       That a local Fire Officer be requested to conduct an immediate inspection of the Regent Cinema building. Cabinet noted that the request had already been made and the outcome was awaited.

An inspection was undertaken and limited recommendations were made which have subsequently been completed.

CAB61(a)(h):       That the Director of Environment and Corporate Assets be requested as a matter of urgency to investigate if the condition of the Regent Cinema building is adversely affecting the Timeball Tower and take appropriate action. Cabinet noted that this matter was being investigated.

There were no concerns in the short term about the Regent Cinema building impacting on the Timeball Tower.

CAB61(a)(i):        That Officers be asked to investigate whether the correct level of business rates has been paid on the Regent Cinema building for its actual use over the last six years and the findings, including any action taken as a result, be reported to a future meeting of the Scrutiny (Policy and Performance) Committee. Cabinet noted that this matter was being investigated.

It was confirmed that the correct level of business rates had been paid.

CAB61(a)(j):        That a report be submitted to a future meeting of the Scrutiny (Policy and Performance) Committee on the feasibility of the Council undertaking a Compulsory Purchase Order in respect of the Regent Cinema building in the event the developer does not take the requested actions. Cabinet noted that the Compulsory Purchase procedure should be considered as a measure of last resort and that provision of a report should be subject to the expiry of the planning application deadlines at (b) above.

A Compulsory Purchase Order was a measure of last resort and the Council was waiting for the six month deadline on submitting a planning application to expire. The Director of Environment and Corporate Assets would also be meeting with the Reopen the Regent campaign over the possibility of forming a community interest company.

Members were advised that the owners of the Regent Cinema had been reducing the use of the building for other purposes and at the end of the six month period the Council would review the usage of the building.

In respect of the covenant on use of the site, it was stated that this would apply indefinitely and could not be released without the Council’s agreement.

The members of the public present raised the following points:

·         Whether the reports on the state of the Regent Cinema building would be made public. The Director of Governance advised that ownership of the reports would need to be confirmed but if they were in the Council ownership they could be made public.

·         The circumstances under which the Council would lift the covenant. The Chief Executive advised that this would be for the Council to determine and no such request had been received at this time.

The example of the St James’s Development was cited as an example of where the Council had used its powers to facilitate others in delivering a proposal and it was suggested that if a viable alternative proposal for the Regent Cinema existed the Council would look at it.

Members were reminded that an Asset of Community Value application had been accepted for the Regent Cinema which would give six months for an offer to be made to purchase the property for community use should the property be put up for sale. The example of Sandwich Town Council supporting local community assets in its area was cited as something that might want to be considered in Deal.

The Leader of the Council stated that the Council had sold the Regent Cinema in good faith with the intention that it be used as a cinema.

Members discussed when it would be appropriate to receive a further report on the Regent Cinema and it was suggested that an interim report would be appropriate in April 2017. It was agreed that it would be appropriate to invite the owner of the Regent Cinema to the April 2017 meeting.

RESOLVED:  (a)     That it be recommended to the Cabinet that a report on the progress in respect of Cabinet Decision CAB61 (Regent Cinema) be provided to the Scrutiny (Policy and Performance) Committee at its meeting to be held on 18 April 2017.

                        (b)     That the developer of the Regent Cinema be invited to the meeting of the Scrutiny (Policy and Performance) Committee on 18 April 2017.