PART A

Purpose of Report

1.    To make recommendations for an amended procedure following the adoption of a new constitution.

Recommendations

2.    Members are recommended:-

(i)     To approve the modified disposal procedure, summarised on the flowchart (Appendices A&B)

(ii)     To confirm the existing policy to offer surplus property to district councils and the Police Authority and to extend the list to Health Authority or Health Trusts. A one month period will be allowed for a response prior to offering to the market following which they could be required to bid with others on the open market

(iii)     To agree, where appropriate, to seek to purchase substitute, suitable recreation space where a proven recreation need is identified or to retain part of the site for recreation where there is a realistic chance of achieving development value on land in the County Council’s ownership which is being declared surplus.

3.

(i)     To amalgamate the disposal of land and assessment procedure, to reflect the organisational changes which have taken place in the County Council.

(ii)     Where appropriate to allow the authority to achieve a capital receipt from surplus land.

Timetable for Decisions

4.    If Cabinet approve the recommendations in Paragraph 2 they will be implemented immediately.

Policy Framework and Previous Decisions

5.    Disposal of land and assessment procedures were last reviewed in a report to Resources Committee 3 November 1992 when agreement was made to reduce the period of time taken to dispose of property. This was achieved by limiting County Council Departments and Districts to having a period of one month to express an interest.

6.     "Leisure Policy 3 of the adopted Leicestershire Structure Plan protects land and buildings in recreation use. Planning permission may be granted if alternative provision is made to serve the same community, or the site does not provide essential open space or is essential to protect the quality of the urban environment."

7.      The draft deposit Structure Plan states:-

"It will not be acceptable for land or buildings in recreation use and serving a particular community to be redeveloped for non-recreational uses unless:

a)  suitable alternative provision results in at least the equivalent community benefit and is made close enough to serve the same community.

b)     the site no longer provides open space or other facilities which are essential for private or public use; or

c)     the benefits for the local community arising from the development would outweigh the loss of land or building".

8.    The County Council has already established a procedure for disposing of surplus land which is designed to balance consultation with Service Departments and Members, with time limits to reduce the time taken to bring surplus property to the market. Current legislation is framed in the School Standards and Framework Act 1998, the Learning and Skills Act 2000, and the proposed changes in Planning Policy Guidance Note Number 17 (PPG 17) "Sport, Open Space and Recreation". From a property perspective, this legislation creates further obstacles and time delays in disposing of land surplus to requirements. These measures can add the minimum of 2-3 months on to a sale.

9.     By carrying out the recreation assessment procedure early the Authority speedily comes to a view identifying the most appropriate schemes which are likely to receive planning permission.

10.     If Members agree recommendation (iii) this will have the effect of maximising capital receipts but over a potentially longer timescale, owing to the need to identify and acquire substitute land. In the case of Education playing fields, receipts are earmarked for Education or recreation use. This principle was established in the School Standards and Framework Act.

11.     The Local Government Act 1972, General Disposal Consents 1998, includes a blanket consent to sell any land for recreation at "less than best price", without having to refer to the Secretary of State.

12.    It would be necessary to fund the acquisition of substitute land from the general pool of capital receipts, pending the actual receipt.

13.    Capital receipts fund a significant part of the Capital Programme, particularly for the Environmental Protective and Cultural Services.

14.    The report has been prepared in consultation with the County Treasurer.

Circulation under the Sensitive Issues Procedure

15.    None. This is a general issue affecting all members equally.

Officer to Contact

16.    Carole Bramley Tel 2656984
         Roger Hockney Tel 2657013