Agenda item

Proposed Disposal of Council Owned Land at Amos Way and Church Walk, Sibsey:

To consider approval for the disposal of surplus Council owned assets to Sibsey Parish Council.

Decision:

1.       That the land at Church Walk and Amos Way Sibsey, edged red on the plans at Appendices 1 and 2 to the report, be declared surplus to the Council’s requirements;

 

2.       That the Deputy Chief Executive, Programme Delivery and Assistant Director - General Fund Assets be delegated authority to follow the advertising process set out by Section 123 (2A) of the Local Government Act, 1972, in respect of the land set out in Recommendation 1.

 

3.       That the lawful exemptions set out within The Local Government Act 1972: General Disposal Consent (England) 2003, to agree the disposal of the freehold title of the two plots of land set out in Recommendation 1, to Sibsey Parish Council at their restricted market value of £1 each, representing a notional undervalue of £224,998 be relied upon in the event that no representations are received by the Council in respect of Recommendation 2.

 

4.       That the Deputy Chief Executive, Programme Delivery and Assistant Director - General Fund Assets be delegated authority to protect the Council’s future position by specifying appropriate Restrictive Covenants within any resulting conveyance, including and 80% overage clause on both assets.

 

In the event that any representations are made to the Council in respect of recommendation 2, recommendations 3 and 4 cannot take effect and the Executive will need to formally consider any representations made before making a final decision.

Minutes:

A report was presented to consider the disposal of surplus Council owned assets to Sibsey Parish Council.

 

During his introduction of the report, the Portfolio Holder for Finance highlighted that a number of transfers involving the disposal of Council assets to Town and Parish Councils had completed over recent years. These had been undertaken as part of the asset transformation programme included in the Asset Management Framework 2016-2026. More recently, the adoption of the SELCP Asset Management Strategy 2023-26 continued the theme for the disposal of assets that ‘supported collaboration with public sector partners, charitable and voluntary organisations and other stakeholders’ for those assets that offered no strategic value in terms of service provision or viability.

 

Following a request made by Sibsey Parish Council for the transfer of two assets located at Amos Way and Church Walk in the village, consideration had been given to the request and was detailed in the report.

 

The report also detailed the Council’s powers to dispose of land and assets under the provisions of the Local Government Act (1973) Section 123 and General Disposals Consent (England) 2003, together with other matters for consideration in deciding on the disposal of these assets.

 

The Deputy Leader of the Council and Portfolio Holder for Community Safety, Leisure & Culture and Carbon Reduction queried that in light of local government reorganisation, whether the financial clawback referred at page 19 of the report would go to that new Council or whether it died when the Council ceased to exist.

 

The Housing Development Manager advised he would seek a response for this query for the next meeting.

 

RESOLVED

 

1.       That the land at Church Walk and Amos Way Sibsey, edged red on the plans at Appendices 1 and 2 to the report, be declared surplus to the Council’s requirements.

 

2.       That the Deputy Chief Executive, Programme Delivery and Assistant Director - General Fund Assets be delegated authority to follow the advertising process set out by Section 123 (2A) of the Local Government Act, 1972, in respect of the land set out in Recommendation 1.

 

3.       That the lawful exemptions set out within The Local Government Act 1972: General Disposal Consent (England) 2003, to agree the disposal of the freehold title of the two plots of land set out in Recommendation 1, to Sibsey Parish Council at their restricted market value of £1 each, representing a notional undervalue of £224,998 be relied upon in the event that no representations are received by the Council in respect of Recommendation 2.

 

4.       That the Deputy Chief Executive, Programme Delivery and Assistant Director - General Fund Assets be delegated authority to protect the Council’s future position by specifying appropriate Restrictive Covenants within any resulting conveyance, including and 80% overage clause on both assets.

 

In the event that any representations are made to the Council in respect of recommendation 2, recommendations 3 and 4 cannot take effect and the Executive will need to formally consider any representations made before making a final decision.

 

Reasons

 

·       The disposal of the assets will enable the facilities to be managed at a local level by the Parish Council and community of Sibsey.

 

·       The assets are not considered to be of any strategic value.

 

·       The assets do not offer any development potential given that they are allocated as protected open space and sport, and recreation uses in the current Local Plan.

 

·       Marginal annual revenue savings will be achieved once the transfer is completed.

 

Other Options

 

Retention

 

·       Amos Way is currently leased by the Parish Council on a peppercorn rent.  The option to continue the lease has been considered but the asset does not generate income of any significance. Termination of the lease or its continuation would not therefore have any significant adverse effect on the Council’s revenue income.

 

Development

 

·       The opportunity to develop the land has also been explored. The land is however designated open space in the current Local Plan so is unlikely to be supported for other uses without alternative recreation land being provided elsewhere in the village.

Supporting documents: