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Agenda Item No

 

The Vale of Glamorgan Council

 

Cabinet Meeting: 2 December 2013

 

Report of the Leader

 

Land at Cwrt Yr Ala Road, Caerau, Vale of Glamorgan

 

Purpose of the Report

1.         To seek Cabinet's approval to declare land located at, Cwrt Yr Ala Road, as surplus to requirements.

2.         To seek Cabinet's approval to dispose of the land at Cwrt Yr Ala Road.

Recommendations

1.         That the land located at Cwrt Yr Ala Road, be declared surplus to Council's requirements.

2.         That the Managing Director be granted authority to instruct property agents to dispose of the property by the most appropriate means on terms and conditions to be agreed in consultation with the Head of Legal Services and Leader.

3.         That Head of Legal Services be authorised to prepare, complete and execute the required legal documentation in order to formalise the disposal.

Reasons for the Recommendations

1.         To ensure that the property has been declared surplus to the Council's requirements prior to disposal.

2.         To ensure the Council obtains best value for the property in accordance with its Statutory and Fiduciary obligations.

3.         To legally formalise the disposal of the property.

 

Background

3.         The land at Cwrt yr Ala, shown for identification purposes on the plan attached at Appendix A, was formerly registered under the City and County of Cardiff.  Following Local Government re-organisation in 1996 the land fell within the Vale of Glamorgan Council's Boundary responsibility.  However the land in question was not specifically mentioned in The Local Government Reorganisation (Wales) (Property etc.) Order 1996, which meant the Council was not specifically alerted to the land having been transferred as part of that process in 1996.  The land remained registered in favour of the City and County of Cardiff.

4.         In addition, the deeds for this land were retained by the City and County of Cardiff in 1996 as the land formed part of the same deed containing a larger land ownership within Cardiff's boundary responsibilities.  As such this Council was not able to formalise our ownership of the land by registering its title at the Land Registry until recently alerted to this issue.  The Councils Legal Officers formalised the transfer of the land and completed the Registration process in December 2012. 

5.         Officers in the Estates Section have consulted the Council's land owning Departments and there has been no interest in retaining this land for any specific purpose within respective departments.

 

Relevant Issues and Options

6.         The Council owns the subject land by virtue of its registered freehold interest.

7.         The Council's Corporate Asset Management Group and its external partners on the Local Service Board have been consulted to ascertain if there is a use for the land within the Council or within the LSB. There has been no expression of interest from either in retaining this land and therefore it is recommended that the land is now surplus to this Council's requirements and agents will be appointed to place the land on the market for sale at the earliest opportunity. The Council will seek the views of the appointed agent as to the mode of disposal appropriate for this land.

Resource Implications (Financial and Employment)

8.         It is anticipated that the disposal of the land will generate a capital receipt.

9.         Agent's fees and Estates and Legal officer's costs will be incurred as a result of the disposal process.

10.      The timely disposal of surplus assets should assist the Council in the reduction of its maintenance costs.

Sustainability and Climate Change Implications

11.      There are no direct implications as a result of this report.

Legal Implications (to Include Human Rights Implications)

12.      The Council has both a Statutory and Fiduciary duty pursuant to S123 of the Local Government Act 1972 to secure best consideration for property disposals. There are exceptions to this rule, however the Council would not be looking to rely on these exceptions in this particular case.

Crime and Disorder Implications

13.      Vacant land may attract anti-social behaviour such as vandalism.

14.      The land is located in an isolated area and may attract unauthorised use.

Equal Opportunities Implications (to include Welsh Language issues)

15.      The property will be marketed openly.

Corporate/Service Objectives

16.      To achieve the optimum use of property assets.

Policy Framework and Budget

17.      This is a matter for Executive decision.

Consultation (including Ward Member Consultation)

18.      The Ward Members have been consulted on the report and are supportive of the property being disposed.

Relevant Scrutiny Committee

19.      Corporate Resources.

Background Papers

None

 

Contact Officer

Sian Cornwell Shaw, Estates Officer

 

Officers Consulted

Mike Walsh, Legal Property and Contract Team Leader

 

Responsible Officer:

Sian Davies, Managing Director

 

 

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