Decision No: CAB057 - 09/2007

Forward Plan No: RS01778

This record relates to A12 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

17/09/2007  

DECISION-MAKER:

CABINET  

PORTFOLIO AREA:

Resources  

SUBJECT:

Site at 27-45 Bevois Valley Road - Disposal  

AUTHOR:

David Reece  

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
To approve the unconditional disposal of 27 - 45 Bevois Valley Road by way of Auction at the minimum reserve price as set out in the confidential appendix to this report.  

REASONS FOR THE DECISION

(i) In October 2003 and September 2005 Cabinet authorised officers to enter into exclusive negotiations for the potential disposal of the land to the owners of the adjacent Gurdwara Nanaksar building. The Gurdwara asked that the Council agree to sell them the land at less than best consideration.
(ii) The Secretary of State has conferred powers on local authorities, in broad terms, to dispose of land at less than best consideration, provided they believe that disposal would help secure the promotion or improvement of the economic, social or environmental well-being of its area. It is considered that the Gurdwara’s proposed development, should the building and facilities be completed, would meet this criteria.
(iii) However, extensive negotiations with the Gurdwara have not resulted in firm assurances as to whether they would able to complete their community centre scheme within a reasonable timescale. This is principally due to uncertainties over funding such a development. That being the case, the Council would not be able to demonstrate promotion or improvement to the social, economic and environmental well being of the area.
(iv) An unconditional disposal by Auction would maximise exposure of the property on the open market, and would demonstrate that the price achieved would be at best consideration.  

DETAILS OF ANY ALTERNATIVE OPTIONS

1. Direct disposal of this site to the Gurdwara Nanaksar: The latest position of the Gurdwara is that they have requested the Council to proceed with a purchase at a valuation figure to be agreed between the Local Authority and an “independent” valuer instructed by the Gurdwara. However the valuer would not be independent as they would be instructed by the Gurdwara alone. It would be unlikely that a figure representing best consideration would be agreed. Disposal in this way would not secure delivery of the proposed development.
2. Disposal by unconditional tender: This may produce a higher figure, but disposal is not certain and does give purchasers scope to seek to condition their bids and delay and even subsequently reduce any receipts.
3. Do nothing and continue the current programme of eradication of the invasive Japanese Knotweed plant on the site: This would contribute nothing to the potential regeneration of the area and would unnecessarily delay the potential for obtaining a capital receipt. Holding costs would rise as the site could become more vulnerable to general abuse such as tipping, requiring improved fencing.  

OTHER RELEVANT MATTERS CONCERNING THE DECISION

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

17/09/2007

Cabinet

Proper Officer:

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

18 September 2007 to 25 September 2007

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Call-in heard by (if applicable)

Results of Call-in (if applicable)