Agenda item

(a)       That the proposed process for declaring and disposing of land that is

surplus to requirements be included within the Constitution;

(b)       That reference to the need to obtain ‘best consideration’ be included in the existing delegation to Officers around the disposal of land; and

(c)        That if a School should disagree with the potential sale of a particular piece of land the decision on whether the land was declared as  ‘surplus’ should be subject to a delegated report

The Chief Officer (Governance) introduced a report to agree minor changes to the Constitution around how land would be declared surplus to requirements.  He provided background information and explained that the process for declaring and disposing of land surplus to the Council’s requirements was not currently documented and it was proposed that the process be included within the Constitution to improve transparency and clarity.  

            Councillor Mike Peers raised a number of questions around delegated authority, membership of the Capital Asset Programme Board, land and property surplus to requirements, and the reference to a delegated report in section 1.03 of the report.   Councillor Peers spoke on the need to ensure that ‘best value’ was obtained for the sale of surplus land/property and proposed that reference to this be included in the Constitution.  Councillor Arnold Woolley seconded the proposal. 

The Chief Officer referred to section 1.04 in the report and advised that there was a separate documented process to authorise the sale of a particular piece of land which was based on the value of the land and he provided an overview of the disposal process.  He confirmed that Members were already involved in the sale process.  In response to a question from Councillor Peers the Chief Officer confirmed that an independent valuation was obtained on the proposed sale of land. 

In response to the comments made by Councillor Peers concerning ‘best value’, the Chief Officer advised that this was a statutory obligation on the Council which could not dispose of land less than fair market value except in certain circumstances.  The Chief Officer agreed to include reference to the need to obtain  ‘best consideration’ to the existing delegation to Officers around the disposal of land. 

In response to a question from Councillor Ian Smith, the Chief Officer explained that the local Member(s) must be consulted on the sale of any land within their Ward.

Councillor David Healey asked what course of action would be taken if the  Governing Body of a School disagreed with the potential sale of land on a school estate.  The Chief Officer explained that in such circumstances negotiation would take place with all parties involved.  The Chief Officer advised that if a School was to disagree with the potential sale of a particular piece of land the decision on whether the land was declared as  ‘surplus’ should be subject to a delegated report and he outlined the decision making process for delegated reports.   

            The following recommendations were moved by Councillor David Healey and seconded by Councillor Ted Palmer

RESOLVED:

(a)       That the proposed process for declaring and disposing of land that is

surplus to requirements be included within the Constitution;

(b)       That reference to the need to obtain ‘best consideration’ be included in the existing delegation to Officers around the disposal of land; and

(c)        That if a School should disagree with the potential sale of a particular piece of land the decision on whether the land was declared as  ‘surplus’ should be subject to a delegated report