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TRUST COMMITTEE

 

 

Minutes of a meeting held on 19th September, 2011.

 

Present:  Councillor C.L. Osborne (Chairman); Councillor Mrs. M. Kelly Owen (Vice-Chairman); Councillors J.F. Fraser, F.T. Johnson, Mrs. K.A. Kemp and S.T. Wiliam.

 

384     APOLOGY FOR ABSENCE -

 

This was received from Councillor E. Hacker.

 

 

385     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 11th July, 2011 be approved as a correct record.

 

 

386     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

387     FORMER COWBRIDGE LOWER SCHOOL DISPOSAL - UPDATE (DFICTP) -

 

Members were reminded that the Committee had resolved to dispose of the above site to Taylor Wimpey, a verbal update on the progress made to date being provided later in the meeting. 

 

RESOLVED - T H A T the position be noted.

 

Reason for decision

 

To note the position.

 

 

388     COWBRIDGE LOWER SCHOOL PLAYING FIELDS SITE (DFICTP) -

 

Messrs. Rawlins and Madley had been appointed to provide a valuation report for the former Lower School Playing Fields Site.  The report of Messrs. Rawlins and Madley would be considered later in the meeting.

 

RESOLVED - T H A T the position be noted.

 

Reason for decision

 

To note the position.

 

 

389     EXCLUSION OF PRESS AND PUBLIC -

 

RESOLVED - T H A T under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 4 of Schedule 12A (as amended) of the Act, the relevant paragraphs of the Schedule being referred to in brackets after the minute heading.

 

 

390     FORMER COWBRIDGE LOWER SCHOOL DISPOSAL – UPDATE (EXEMPT INFORMATION – PARAGRAPGH 14) –

 

Mr. Madley notified the Committee of current progress, drawing attention to current issues in relation to the surface water provisions at the site.  Discussion ensued on options for the resolution of those issues together with the costs associated with each. 

 

The pros and cons of the options referred to by Mr. Madley were debated, Mr. Madley making the point that the costings of each scheme had been assessed by Taylor Wimpey and did not include any ancillary costs likely to be incurred in order to allow implementation of the necessary remedial measures.  Members agreed that Mr. Madley should negotiate further with Taylor Wimpey on the subject of the remediation costs, such costs to include on-costs.

 

Attention was also drawn to a request from Taylor Wimpey’s solicitors (Eversheds) that the contract contain a warranty indemnifying the company against any future claim on the land.  The Council’s solicitor in advising the Committee gave his opinion that there would be no merit in any claim in this case and that such a request be declined.  He further indicated, however, that whilst the Trust’s external solicitors also leaned towards this view, their advice was that Counsel’s opinion should be sought.  Following discussion on the matter, Members considered that an opinion be sought.

 

RESOLVED - T H A T Mr. Madley enter into further negotiations with Taylor Wimpey as indicated above and the Committee be updated on the outcome of those negotiations at the earliest opportunity.

 

Reason for decision

 

To progress the matter.

 

 

391     COWBRIDGE LOWER SCHOOL PLAYING FIELDS SITE (EXEMPT INFORMATION - PARAGRAPH 14) -

 

Mr. Madley presented his report in respect of the valuation of the above.  Debate ensued on any potential disposal of the site and the basis of the valuation thereof.  Having regard to the above and the need to act in the best interests of the Trust, Members

 

RESOLVED –

 

(1)       T H A T disposal of the site be agreed at the guide price as determined by Messrs. Rawlins and Madley with benefit of a covenant being in place relating to any subsequent disposal of the site should planning permission be secured on the land.

 

(2)       T H A T quotations be invited from 3 agents in respect of marketing the site.

 

Reason for decisions

 

(1&2)  To progress disposal in the interests of the Trust.

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