Agenda Item No 19

The Vale of Glamorgan Council

Cabinet Meeting: 30 July, 2018

Report of the Cabinet Member for Social Care, Health and Leisure

Parc Owain, Ystradowen - Lease of Parcel of Land for New Petanque Court

Purpose of the Report

  1. To consider a request from Ystradowen Community and Sports Association to be granted a 25 year lease for a small parcel of land on the Parc Owain, Ystradowen Public Open Space to create and maintain a Petanque Court.

Recommendations

  1. The Monitoring Officer/Head of Legal and Democratic Services be authorised to advertise the proposed lease to the Ystradowen Community and Sports Association of the land hatched on the Plan at  Appendix A in line with the provisions of Section 123 (2A) of the Local Government Act 1972.
  2. That subject to no objections being received in line with Recommendation 1 above, authority be granted to the Director of Environment and Housing in consultation with the Head of Finance and Cabinet Member for Social Care, Health and Leisure, to negotiate and agree the terms and conditions for a new lease for Ystradowen Community and Sports Association, at the location identified at Appendix A, to build and maintain a new Petanque court at a peppercorn rent of £1 per annum.
  3. That subject to Recommendation 1 above and no objections being received in line within Recommendation 1 above the Monitoring Officer/Head of Legal and Democratic Services be authorised to prepare execute and complete the required legal documentation for the new 25 year lease.

Reasons for the Recommendations

  1. To authorise the publication of notice of proposed disposal of land by means of a lease.
  2. Subject to no objections being received in line with Recommendation 1 to grant the necessary authority to offer Ystradowen Community and Sports Association a 25 year lease for the Petanque court on suitable terms.
  3. Subject to no objections being received in line with Recommendation 1 to legally formalise an appropriate lease arrangement.

Background

  1. The Vale of Glamorgan Council has been approached by the Ystradowen Community and Sports Association who have requested a new 25 year lease to build and maintain a new Petanque Court at Parc Owain in Ystradowen.  The Association has been awarded planning permission for this project.  The area is designated as public open space, and the space will still be available on completion of the works.  As a result there will be no loss of public amenity.

Relevant Issues and Options

  1. Ystradowen Community and Sports Association has secured funds to build and maintain a new Petanque Court within the village.  This is part of a series improvements planned throughout the village to encourage more community activity.  However as the Association do not own any available land to build the Petanque Court they wish to lease an area of Parc Owain shown at Appendix A at a peppercorn rent.

Resource Implications (Financial and Employment)

  1. Funding for building and maintaining the new Petanque Court will be the responsibility of the Ystradowen Community and Sports Association.  It is therefore proposed to charge a peppercorn fee of £1 per annum for the new lease.

Sustainability and Climate Change Implications

  1. The Ystradowen Community and Sports Association are committed to maintaining this proposed facility and the Court will provide a valuable new amenity for the area.

Legal Implications (to Include Human Rights Implications)

  1. Section 123 (2A) of the Local Government Act 1972 states that no prinicipal council may dispose of land consisting or forming part of an open space unless, before disposing of the land, they cause notice of their intentions to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them.
  2.  Subject to no objections being received to the granting of the lease, it is proposed that the Ystradowen Community and Sports Association be charged a peppercorn rent under the lease. This would obviously be less than best consideration that could reasonably be obtained for a lease of the land. Under the General Disposal Consent (Wales) 2003, a local authority may dispose of an interest in land for a sum which it considers to be less than the best consideration that can reasonably be obtained where the authority considers that the purpose for which the interest in the land to be disposed is likely to contribute to one or more of the following objects in respect of the whole or any part of its area, or all or any persons resident or present in its area:

i) the promotion or improvement of economic well-being;

           ii) the promotion or improvement of well-being;

           iii) the promotion or improvement of environmental well-being;

and

the difference between the unrestricted value of the interest to be disposed of and the consideration accepted does not exceed £2,000,000.

  1. Subject to no objections being received to the proposed disposal, a new lease would need to be prepared for Ystradowen Community and Sports Association by the Council's Legal department.

Crime and Disorder Implications

  1. The opportunity for people to take part in physical activity is now recognised as having a positive impact on crime and disorder issues.

Equal Opportunities Implications (to include Welsh Language issues)

  1. Ystradowen Community and Sports Association is committed to equal opportunities.

Corporate/Service Objectives

  1. Working with sporting clubs in the Vale of Glamorgan is recognised in the Corporate Plan under well-being Outcome 4: an active and healthy Vale, objective 7 working in partnership to deliver a range of activities through our leisure and community facilities and parks to increase levels of participation and physical activity.

Policy Framework and Budget

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

Consultation (including Ward Member Consultation)

  1. The Cowbridge Ward members have been consulted.  No adverse comments have been received at the time of writing this report.

Relevant Scrutiny Committee

  1. Healthy Living and Social Care.

Background Papers

Email from Ystradowen Community and Sports Association.

Contact Officer

Adam Sargent - Neighbourhood Services Manager

Officers Consulted

Operational Manager - Property

Legal Services - Committee Reports

Environment and Housing - Accountant

Responsible Officer:

Miles Punter - Director of Environment and Housing Services