CLACKMANNANSHIRE COUNCIL
Report to Council of 13 December 2007
Subject: Proposed Lease of Land at Mar Place, Sauchie to Sauchie
Community Group.
Prepared by:
Gordon Stewart, Head of Property
1.0
SUMMARY
1.1.
It is proposed to provide Sauchie Community Group with the lease of
an area of public open space and footpaths situated to the rear of the
existing Sauchie Community Group Centre in Mar Place. This land will
be used for the purpose of extending the centre.
2.0
RECOMMENDATIONS
2.1.
It is recommended that the Council approves the lease of 75 square
metres of land situated to the rear of Sauchie Community Group
Centre, Mar Place Sauchie at a peppercorn rent for a term of 99 years
subject to the stipulated terms and conditions.
3.0
BACKGROUND
3.1.
At its meeting of 17 August 2006 the Council agreed to “approve the
disposal of the land adjacent to Sauchie Community Group Centre, Mar
Place, Sauchie at a valuation to be determined by the District Valuer”.
3.2.
The land was subsequently offered to the group in exchange for a
purchase price of £6,000. Their response has been however, to submit
a request to the Council asking that the land might be made available
for the nominal sum of one pound.
3.3.
Following lengthy deliberations over the group’s request it is
recommended that the Council should instead consider the grant of a
long ground lease in return for a peppercorn rent. This would protect
the Council’s interest and permit the group to secure funding to build an
extension. Sauchie Community Group have indicated their agreement
to this proposal.
4.0
TERMS AND CONDITIONS
4.1.
It is proposed that a ground lease be created whereby
Clackmannanshire Council will grant a 99 year ground lease to Sauchie
Community Group at a peppercorn rent on terms and conditions similar
to those previously approved by the Council at its meeting of August
2006.
4.2.
The subjects of the ground lease extend to approximately 75 square
metres presently comprising mainly an unadopted footpath and part of
a shrubbery.
4.3.
The Lessee would require to secure planning consent and building
warrant approval for the proposed works prior to commencement of the
lease and build an extension of similar construction to the existing
building to provide additional meeting space, a toilet and storage
facilities.
4.4.
Any damage to the surrounding open space and footpaths caused by
any works associated with this proposal would require to be reinstated
to the satisfaction of the Council.
4.5.
The existing surface drainage channel would require to be rerouted to
the satisfaction of the Council.
4.6.
Full landscaping proposals will need to be submitted.
4.7.
Any lease would provide for the subjects being used for the stated
purposes of an extension to the centre and no other.
5.0
VALUATION
5.1.
The land in question comprises part of an area of shrubbery and
footpaths which form part of the public open space provision.
5.2.
It is considered that if the land in question were placed on the market
for lease it would not attract any viable bids.
5.3.
The proposed transaction does not therefore attract less consideration
than might reasonably be obtained hence the matter need not be
referred to Scottish Minsters for special consent.
6.0
CONCLUSIONS
6.1.
The grant of a ground lease at a peppercorn rent will enable Sauchie
Community Group to obtain funds and enter into a contract for an
extension to the Centre while at the same time protecting the Councils
interest by retaining ownership and control of the land.
6.2.
Should the stipulated use of the property cease then the lease shall
provide for its return to the Council via early termination without
compensation or other costs being incurred by the Council.
7.0
IMPLICATIONS FOR THE COUNCIL
7.1.
Financial implications: Negligible.
7.2.
Staff implications: None.
7.3.
Strategic aims:
Make the most of Clackmannanshire's unique built and
natural environment
Develop a culture of personal achievement where everyone
is valued
Improve the health of the people of Clackmannanshire
Represent and promote the interests of all of the people of
Clackmannanshire
Ensure that the people of Clackmannanshire receive the
highest quality services for the public pound
Create strong, active, safe and caring communities
Achieve local economic prosperity and stability
___________________________
Head of Property
___________________________
Director
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