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Agenda Item No

 

The Vale of Glamorgan Council

 

Cabinet Meeting: 18 November, 2013

 

Report of the Cabinet Member for Children's Services

 

Disposal of surplus land at Ysgol Pen y Garth, Penarth

 

Purpose of the Report

1.         To request that Cabinet declare unused land forming part of the site of Ysgol Pen y Garth surplus to requirements and approve the sale of this land to an adjoining owner.

Recommendations

1.         That the Council owned land currently occupied by an adjoining owner is declared surplus to requirements.

2.         That delegated authority be granted to the Director of Resources to negotiate and undertake the disposal of the surplus land to the current occupier in consultation with the Head of Legal Services.

3.         That the Head of Legal Services be authorised to prepare, complete and execute the necessary documentation.

Reasons for the Recommendations

1.         To allow the disposal of the land.

2.         To ensure satisfactory terms and conditions are agreed.

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

Background

2.         Boundary fencing was installed to the perimeter of Ysgol Pen y Garth over ten years ago which did not follow the site boundary. This has resulted in an unused strip of Council owned land between the school boundary fence and the boundary fence to the adjoining properties.

3.         Subject to Cabinet approval the Estates Department have been discussing with the adjoining owner the possibility of them purchasing the land at the market value.

4.         Subject to contract and Cabinet approval the adjoining owner has agreed to pay market value for the land and pay all the Council's associated costs involved with a sale.

Relevant Issues and Options

5.         The land subject to this report has not been used by the school or Council since it was enclosed by the perimeter fence some time before 2003. There is no current or future requirement to use this land for educational purposes.  

6.         The preferred option is to sell the land to the adjoining owner to achieve a small capital receipt and reduce the Council's future maintenance liability arising from the ownership of this land.

Resource Implications (Financial and Employment)

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

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

9.         The adjoining owner will be responsible for the payment of fees associated with the negotiations and eventual 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 the 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 achieve the optimum use of property assets.

Policy Framework and Budget

15.      This is a matter for Executive decision.

Consultation (including Ward Member Consultation)

16.      Ward Member consultation has been undertaken, no comments have been received to date.

Relevant Scrutiny Committee

17.      Corporate Resources.

Background Papers

None

Contact Officer

Mark Haynes

School Organisation and Buildings Manager

Officers Consulted

Paula Ham, Head of Strategic Planning and Performance

Jodi Winter, Operational Manager Legal Services

Lorna Cross, Group Estates Officer

Responsible Officer:

Jennifer Hill                         

Chief Learning and Skills Officer

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