Vale of Glamorgan Council
Cyngor Bro Morgannwg
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Agenda Item No 12

The Vale of Glamorgan Council

 

Cabinet  Meeting: 21st May 2018

 

Report of the Cabinet Member for Neighbourhood Services and Transport

 

Land Adjacent to No. 1 The Cottages Pen-Y-Turnpike Road, Dinas Powys - Disposal of Council Land

Purpose of the Report

  1. To seek approval to dispose of a small parcel of land located next to No. 1 The Cottages Pen-Y-Turnpike Road, Dinas Powys subject to agreeing a suitable sale value together with terms and conditions.

Recommendations

  1. That the land identified within the red boundary line at Appendix 'A' be declared surplus to the Council's requirements and sold to the adjacent property owner, the registered proprietors of No. 1 The Cottages Pen-Y-Turnpike Road, at market rate, subject to covenants restricting future development on the land being included in the terms of sale.
  2. That delegated authority be granted to the Head of Finance to appoint an external valuer to provide a market valuation report for the land within the red boundary line in Appendix 'A'
  3. That delegated authority is given to the Head of Finance, in consultation with the Head of Neighbourhood Services and Transport, to agree Heads of Terms for the sale of the land.
  4. That the Head of Legal Services be authorised to complete all necessary legal documentation required to dispose of the land.

Reasons for the Recommendations

1.        To allow a parcel of land to be transferred to the occupier of the neighbouring property.

2&3.    To ensure the Council's fiduciary and statutory obligations are met within the transaction.

4.        To ensure legal procedures are followed.

Background

  1. The Council owns a parcel of land adjacent to Pen-Y-Turnpike Road and the residential property, No. 1 The Cottages, Pen-Y-Turnpike Road, Dinas Powys as shown shaded yellow at Appendix 'A'.
  2. In 2017, the property owner of No. 1 The Cottages submitted a planning application which encroached on the northern section of Council land shaded yellow in Appendix 'A' and was made aware of the situation by the Council's Estates team. The owner of No. 1 The Cottages then requested to buy the entire parcel of Council land which was refused due to concerns over existing drainage maintenance and potential for future use of the land to facilitate a footway / cycleway provision along Pen-Y-Turnpike Road.
  3. The owner of No. 1 The Cottages claims that he has maintained the parcel of Council land bounded red in Appendix 'A' and that a corner of his existing garage sits on this land. The property owner therefore maintains that he is able to prove a case for adverse possession of the parcel of land in question. However, he is currently marketing his property for sale and the owner is concerned that any claim for adverse possession to resolve the land dispute near his garage will significantly hold up and delay any sale.
  4. The property owner has therefore requested that they be allowed to purchase the parcel of Council land bounded red at Appendix 'A' to normalise the situation. This parcel of land has no specific use for the council and would be difficult to maintain and there is therefore no objection to the disposal of the land subject to agreement to appropriate terms.
  5. Any sale or transfer of the land bounded red in Appendix 'A' would include a covenant restricting the future use of the land. Planning permission may be required to regularise any current usage of the land, however, this would be a matter for the applicants to seek and obtain as necessary.

Relevant Issues and Options

  1. The disposal of this land will not be detrimental to the maintenance of the remaining land owned by the Council or any possible future highway improvements.
  2. In order to progress the sale of this piece of land an external valuation will be required to determine the market value of the land to satisfy the Council's obligations.

Resource Implications (Financial and Employment)

  1. The Council would not be willing to incur any costs in respect of the proposed sale.  The prospective purchasers will be required to meet all of the Council's costs.  The cost of the valuation of the land would need to be recharged to the prospective buyer and any abortive costs would be the responsibility of the applicants.

Sustainability and Climate Change Implications

  1. There are no significant sustainability or climate change implications associated with this report.

Legal Implications (to Include Human Rights Implications)

  1. The Council has a statutory and fiduciary duty to obtain best consideration for disposal of land and buildings in its ownership.  There are exemptions to this obligations, however the Council are not relying on any such exemptions in this particularly case.
  2. The Council's Legal Section will be required to draft, complete and execute all documents required to complete the disposal of land.

Crime and Disorder Implications

  1. There are no significant crime and disorder implications associated with this report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. There are no significant equal opportunity implications associated with this report.

Corporate/Service Objectives

  1. The relevant Well-being Outcome 2: An Environmentally Responsibility and Prosperous Wales:

Objective 4: Promoting sustainable development and protecting our environment.

Policy Framework and Budget

  1. This report is a matter for Executive decision by Cabinet.

Consultation (including Ward Member Consultation)

  1. Local Ward Members have been consulted on this report.

Relevant Scrutiny Committee

  1. Corporate Performance and Resources.

Background Papers

None.

Contact Officer

Michael Clogg - Operational Manager Engineering

Officers Consulted

Operational Manager - Property

Financial Accountant - Visible Services

Committee Reports - Legal

Responsible Officer:

Miles Punter, Director of Environment and Housing Services