Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 28 July, 2014
Report of the Cabinet Member for Leisure, Parks, Culture and Sports Development
Land at Hillside Cottages, Barry
Purpose of the Report
1. To request that Cabinet declare land West of Hillside Cottages, Barry surplus to requirements and approve the sale of this land to the current Licensees.
1. That the land West of Hillside Cottages, Barry be declared surplus to requirements and that the Director of Resources be granted delegated authority, in consultation with the Leader, to dispose of the land to the current Licensees on terms and conditions to be agreed.
2. That the Director of Resources be authorised to appoint an external valuer to set a value for the land in question.
3. That the Head of Legal Services be authorised to prepare, complete and execute the required legal documentation.
Reasons for the Recommendations
1. To facilitate disposal of the land that will generate a cash receipt for the Council whilst adequately protecting its interests.
2. To ensure that a market rate is received for any disposal.
3. To legally formalise disposal of the land declared surplus.
2. There are two properties that have had Licences for garden purposes on Council land at 2 and 3 Hillside Cottages, Barry, since 1952. In 2009 the owners of 3 Hillside Cottages negotiated the transfer of land from the Council edged red together with a right of vehicular access, shown coloured orange on Appendix B. (Cabinet Minute C470 refers June 2009). The solicitors acting for the owner of 2 Hillside Cottages have now requested that ownership of the remaining land be transferred to their client in the same way.
3. Part of the garden land to the north and west of the property shown hatched in Appendix A is owned by the Council and is subject to an occupation Licence that has existed since 1952.
4. The garden land to the south shown hatched on Appendix A is owned by the Council and is predominantly grass banking and shrubbery supporting the boundary structures. Part of the land to the south of 2 and 3 Hillside Cottages coloured orange on Appendix B is also Council owned and is used as a vehicle access to both properties.
5. For clarity the proposed land for disposal is indicated in Appendix C.
Relevant Issues and Options
6. The land was originally acquired by Barry Urban District Council for road widening purposes and the surplus area, not required, was licenced as gardens.
7. The land is not accessible to members of the general public and has been used as private gardens and driveway since 1952. If the land was to be retained by the Council it would not be possible to affect any meaningful public access, or for the land to be put to any practical use.
Resource Implications (Financial and Employment)
8. The land will be sold at market value.
9. The purchasers will be responsible for the payment of the Council's fees associated with the sale of the land.
Sustainability and Climate Change Implications
10. Local use of gardens reduces the need to travel to receive similar amenity which can help in reducing the carbon footprint.
Legal Implications (to Include Human Rights Implications)
11. None of the land is or has even been designated as open space.
12. 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 case.
Crime and Disorder Implications
Equal Opportunities Implications (to include Welsh Language issues)
14. There are no equal opportunities implications.
15. Our Service Objectives are to provide and manage parks, parks and open spaces, play areas and provide a clean and healthy environment.
Policy Framework and Budget
16. This report is a matter for Executive decision.
Consultation (including Ward Member Consultation)
17. Local members have been consulted and have raised no objections to the proposal.
Relevant Scrutiny Committee
18. Economy and Environment.
Phil Beaman - Operational Managers Parks and Grounds Maintenance
Legal Services - Committee Reports
Group Estates Officer
Accountant - Building and Visible Services
Miles Punter - Director of Visible Services and Housing