Decision requested by decision maker: In accordance with section 122(1) Local Government Act 1972, to appropriate the land at Seven Brethren, formerly used as a short stay car park and the land formerly used as a leisure centre, no longer being required for such purpose as a new short stay car park and a new leisure centre has been provided, to development land.

1. BACKGROUND / REASONS FOR THE DECISION REQUEST
1.1. Pursuant to a Design Build Operate and Maintain (DBOM) contract with Parkwood Leisure dated 10 December 2019, the Council has built a new leisure centre, the Tarka Leisure Centre at another location at Seven Brethren in Barnstaple. This has resulted in the decommissioning of the previous North Devon Leisure Centre which is currently empty and boarded up.
1.2. The DBOM contract also involved the creation of a new short stay car park close to the new Tarka Leisure Centre removing the need for the previous short stay car park which served the North Devon Leisure Centre.
1.3. On 7 December 2022 the Council entered into a Development Agreement for Lease with Tarka Living Ltd for the development of the Seven Brethren site, including the demolition of North Devon Leisure Centre.
1.4. To allow this to proceed the short stay car park and North Devon Leisure Centre land needs to be appropriated to development land in accordance with s.122(1) Local Government Act 1972.

3.1. Not appropriating the land for this purpose would enable the North Devon Leisure Centre to remain in position and the short stay car park land to be used as a short stay car park. This would prevent development of the land at Seven Brethren and it is clear that the land is no longer needed for these purposes because the leisure centre and short stay car park have been re-provided elsewhere on the Seven Brethren site.