PART B

17.    Local Authorities are generally required to maximise the value of their assets, but recent government policy also stresses the importance of preserving open space for community use. The assessment and disposal procedure is designed to allow Members to make an informed choice on whether to maximise income, preserve community assets or reach some compromise between those two standpoints. In Leicestershire this has been successful practice since 1985, but a streamlining of the process for the Cabinet system is now essential.

18.    In summary, the main changes proposed;

(a)     Reflect the fact that under Best Value reviews property issues are considered as part of the Review.
(b)    A greater proportion of the internal exploratory work will have been undertaken before property is declared surplus.
(c)    Allow earlier consideration by the Local Member.
(d)    Allow automatic consideration to acquire suitable alternative recreation land to maximise capital receipts.
(e)    Allow a more integrated approach.

19.    Property is declared surplus by two main routes, Best Value Reviews and Property Reviews as shown on the flowcharts in Appendices A&B.  

20.    As Best Value Reviews are provided with information on property related matters, it is expected that decisions on the property stock will be made on conclusion of the review. This would mean property being declared surplus to a service need before a recreational assessment is made or before property availability is circulated to other departments.

21.    In the Property Review route, departments will be notified of vacant property prior to reporting to Cabinet. In addition, in the case of buildings, a social/community assessment will be undertaken by the Directors of Education and Social Services. The local member is also to be consulted prior to declaring property surplus.

22.     As regards land, the Recreation Assessment necessitates consultation with Districts and Parishes. The local member is also consulted. This stage therefore, cannot be undertaken until after the decision to declare property surplus, is in the public domain.

23.     Prior to the establishment of the new constitution Disposals and Recreation Assessments were considered by separate committees. The process now needs to be integrated for consideration by Cabinet.

24.    The procedure proposed, therefore, separates the decision to declare land surplus (as an internal operational step) from the decisions on the future use of a site (as a matter of wider public interest).

25.    The County Council’s Recreation Assessment procedure has been recognised as good practice. It has enabled the Authority to protect the use of valuable recreation land whilst resisting proposals by some District Council’s to impose a blanket policy of a presumption against any development of playing fields.

26.    The Recreation Assessment is intended to ensure that County Council owned open space which is in recreation use, or has potential to meet an existing recreation demand, or is the only open space in an area capable of meeting local recreation demand, is properly protected.

27.    A point of conflict could arise where there is a realistic chance of achieving alternative development eg for housing, employment or retail use but where the recreation assessment indicates that the land is in recreation use or shows a deficiency in recreation space in the community. In this instance Members may wish to consider whether they would wish to protect the land or seek, in whole or part, to identify a suitable alternative area of land, if it facilitates a larger capital receipt. (Refer to recommendation 2 (iii)).

28.    The existing policy is to offer surplus property to the respective District Council and the Police Authority. Members may also wish to consider whether this list should be extended to include Health Authorities or Health Trusts. A reciprocal arrangement does exist with the Districts although in practice it is extremely rare to receive notification of surplus property.

29.    Where an Assessment identifies a local need for recreation space both District and Parish Council’s are approached to see if they are interested in purchasing.

Equal Opportunities Implications

30.    Loss of community space may disadvantage young people especially if no alternative is available.

Background Papers

31.    Report to Resources Committee 3 November 1992 - The procedure for the disposal of surplus property.