The sale of the so-called Herten Triangle at Doncaster Leisure Park is set to net the borough council more than £2 million.
Doncaster Council’s cabinet is due to meet tomorrow to discuss the proposed sale to developers GMI of 4.24 acres of land between the Asda superstore and the Vue cinema site, which is currently unused.
Planning permission has already been obtained for the £10 million development, which could create an estimated 380 new full-time jobs at a new pub, a restaurant terrace with six cafés, and possibly two drive-thru restaurants.
The only fly in the ointment, due to be discussed today, is a restrictive covenant in favour of the nearby McDonald’s drive-thru outlet next to the roundabout.
The covenant prevents the council allowing development of a restaurant nearby.
But legal advice obtained from a Queen’s Counsel barrister concludes the covenant is void and unenforceable because of a subsequent Competition Act of 1998 which includes land agreements.
Doncaster Council’s property team have been in negotiations with McDonald’s in an attempt to seek the removal of the covenant by agreement.
The cabinet is today being recommended to appropriate the land by transferring its purpose from its current ‘holding’ status to planning. “While this is essentially a procedural issue, it represents an important step which will facilitate the delivery of a significant development,” said property manager, Chris Fairbrother.