Freemantle Common: Disposal of Property and De-registration/Exchange of Common Land
Decision maker: Cabinet
Decision type: Key
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Report of the Cabinet Member for Resources, Leisure and Culture to enable the development and disposal of land which currently accommodates Ridgeway House School and Prospect House.
A footpath is to be constructed alongside Freemantle Common Road. As the land required to facilitate the footpath is registered Common Land, a Section 16 Application to the Secretary of State will be required seeking consent to de-register the strip of land and to offer in exchange a strip of replacement land which currently forms part of the grounds to the former school. Further to the above, a strip of public open space and the common land to be de-registered are to be appropriated from open space classification to highways classification.
(i) To authorise the Head of Legal, HR and Democratic Services to make an application to the Secretary of State for the de-registration and exchange of common land identified on the plan at Appendix 1.
(ii) To authorise the Head of Legal, HR and Democratic Services to advertise the proposed appropriation of common land proposed to be deregistered and open space at Freemantle Common Road identified on the plan at Appendix 1 for two consecutive weeks in a local newspaper.
(iii) If no objections are received, and subject to obtaining Secretary of State’s consent to the exchange of common land, to authorise the Senior Manager: Property, Procurement and Contract Management to appropriate the required areas of common land and open space for highway purposes.
(iv) In the event that any objections are received to the proposed appropriation to bring a subsequent report and refer those objections to Cabinet for determination.
(v) To delegate authority to the Senior Manager: Property, Procurement and Contract Management to approve the preferred tender, agree the terms of the sale and to carry out all ancillary matters to dispose of the site.
Reasons for the decision:
To enable the redevelopment of Council land thereby promoting environmental improvements, new housing and delivering a capital receipt.
Alternative options considered:
1) The former Ridgeway House School & Prospect House could be retained in Council ownership; this would however have a number of disadvantages including:
i) Would not generate a Capital Receipt
ii) Encourage security risks associated with empty properties once the buildings have been vacated
iii) There are no Council requirements for Ridgeway House School and the current services provided at Prospect House are being relocated elsewhere.
There are therefore no requirements for the retention of either of these buildings.
2) Market the site without appropriating the relevant areas of public open space and without obtaining consent for the de-registration and exchange of common land. This option is not recommended as highway improvements are required to enable development of the site. Without being able to carry out these improvements, the sites could only be sold on the basis of their existing uses resulting in a significantly reduced capital receipt.
3) Market the site without carrying out the highway improvements along Freemantle Common Road. This would however prejudice any development on the site significantly reducing the level of Capital receipt.
Report author: Bronwyn Dunning
Publication date: 12/03/2012
Date of decision: 12/03/2012
Decided at meeting: 12/03/2012 - Cabinet
Effective from: 21/03/2012
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