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Agenda Item No

 

The Vale of Glamorgan Council

 

Cabinet Meeting: 04 February 2013

 

Report of the Cabinet Member for Children's Services

Sale of land surplus to requirements for the Penarth Learning Community

 

Purpose of the Report

1.         To request that Cabinet declare land to the rear of Erw'r Delyn Close and Wayside, Sully Road, Penarth surplus to requirements and approve the sale of this land to the adjacent occupiers.

Recommendations

1.         That the land to the rear of Erw'r Delyn Close and Wayside, Sully Road, Penarth is declared surplus to requirements.

2.         That the Director of Resources be authorised to negotiate and undertake the disposal of the surplus land subject to confirmation and registration of title and the Head of Legal Services to prepare, complete and execute the necessary legal documentation.

Reasons for the Recommendations

1.         To allow the disposal of the land.

2.         To allow the sale of the land to be completed.

Background

2.         Following the completion of detailed landscaping and site design, two areas of land measuring 1288m2 and 621m2 respectively to the rear of Erw'r Delyn Close have been determined not to be required for the development of the Penarth Learning Community. The location of these parcels of land is shown on Appendix A.

3.         Occupants of Erw'r Delyn Close have contacted the Council to enquire if the land not required for the new school can be sold to the adjoining owners to extend their gardens and increase the buffer zone between residents and the new school.

Relevant Issues and Options

4.         If the land is retained by the Council the additional 1909m2 would be maintained by the schools. Funding would be delegated from the Learning and Skills Directorate to fund the maintenance of this land but due to the location of the land it would serve no benefit to the new schools.

5.         In order to retain a reasonable boundary line the whole of the both parcels of land would be sold, if one owner did not agree to purchase the land it would be offered to the adjacent owners to ensure the whole area is sold.

6.         The adjoining owners will be responsible for erecting and maintaining secure fencing to the new boundary within an agreed timescale.

Resource Implications (Financial and Employment)

7.         The land will be sold at market value in the area and a suitable restrictive covenant imposed on the sale in order that the land may not be used or developed for any other purpose.

8.         The capital receipt achieved through the sale of this land would be retained within the School Investment Programme.

9.         The adjoining owners will be responsible for the payment of all fees associated with the sale of the land.

Sustainability and Climate Change Implications

10.      There are no sustainability and climate change implications arising from this matter.

 Legal Implications (to Include Human Rights Implications)

11.      The Council has a statutory duty pursuant to S123 of the Local Government Act 1972 to secure the best consideration that can reasonably be expected to be obtained.  Albeit that there are exceptions to the statutory duty, such exceptions are not being relied upon in this given case.

Crime and Disorder Implications

12.      There are no crime and disorder implications arising from this matter.

Equal Opportunities Implications (to include Welsh Language issues)

13.      There are no equal opportunities implications arising from this matter.

Corporate/Service Objectives

14.      To dispose of redundant or under utilised Council assets in accordance with the objectives of the Corporate Asset Management Plan.

Policy Framework and Budget

15.      This is a matter for Executive decision.

Consultation (including Ward Member Consultation)

16.      Ward Members have been consulted and no adverse comments have been received.

Relevant Scrutiny Committee

17.      Lifelong Learning.

Background Papers

None

Contact Officer

Mark Haynes                                    School Organisation and Buildings Manager

Officers Consulted

Paula Ham                Head of Strategic Planning and Performance

Jane Wade Operational Manager, Property Section

Mike Walsh                           Lawyer

Lorna Cross                          Group Estates Officer

Responsible Officer:

Jennifer Hill                          Chief Learning and Skills Officer

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