Agenda Item No. 5
The Vale of Glamorgan Council
Welsh Church Act Estate Committee: 8th January 2018
Report of the Head of Finance
Land adjoining Kez House, Sea View Terrace, Cadoxton
Purpose of the Report
To seek Committee's instructions on whether to agree to the release of a restrictive covenant on land formerly owned by this Committee to enable a residential development to be constructed by the current owners of the land.
That Committee consider the request to release the restrictive covenant subject to an appropriate valuation being agreed for a specific planning consent at the appropriate time;
That subject to Committee agreeing to the release of the restrictive covenant, the Head of Legal Services be authorised to complete any necessary paper work to effect the release subject to a planning consent for the intended development being obtained and subject to valuation.
Reasons for the Recommendations
To seek Committee's views on the application to release a restrictive covenant.
To allow matters to progress subject to Committee's views on 1 above.
The land adjoining Kez House, Sea View Terrace, Cadoxton was formerly in the ownership of the Welsh Church Act Estate Committee and was disposed of on the 26th July 1993.
The disposal was subject to a restrictive covenant not to use the land for any purpose other than for building a garage for a single private motor vehicle on part of the land and not to use the remainder of the land other than as garden.
Officers in the Estates Section have been approached by the current owner of the land requesting that Committee consider releasing the Covenant to allow him to build either 2 semi-detached or a single detached residential property on the land.
The applicant has not yet sought planning consent for either development as officers have been advised that he does not wish to incur the cost of a planning application until he has an agreement from Committee in respect of the release of the covenant.
Relevant Issues and Options
Officers recommend that if Committee are minded to agree to the release of the covenant, that a blanket release is not given but a release is granted only for the development that planning consent is obtained i.e. the release will be subject to the actual planning approval received and for that purpose only. This will protect the Trust should the applicant go on to apply for and receive a planning consent for a more valuable use of the land in the future.
If Committee are minded to agree to the release, then a valuation will be required to be undertaken to ensure that the Trust is obtaining best consideration for agreeing to the release.
Resource Implications (Financial and Employment)
If Committee are minded to agree to the release of the covenant, then the applicant will be requested to undertake to pay all legal and estates/valuation fees associated with the release.
A payment will be due (subject to valuation) to the Trust if Committee agree to the release.
Sustainability and Climate Change Implications
None directly related to this report.
Legal Implications (to Include Human Rights Implications)
The Committee have a duty to manage lands and property held by them in accordance with the Scheme of Trust and with Charity Law.
Crime and Disorder Implications
None as a direct result of this report.
Equal Opportunities Implications (to include Welsh Language issues)
There are no equal opportunity implications associated with this report.
The sole concern of the Committee is to act in the best interest of the Trust.
Policy Framework and Budget
Consultation (including Ward Member Consultation)
Since Members of this Committee are acting as Committee Members independent of other Council resolutions, no further consultation has taken place.
Relevant Scrutiny Committee
Lorna Cross, Operational Manager Property
Principal Lawyer, Property and Contract Team (Legal)
Carys Lord, Head of Finance