STRATEGY & RESOURCES COMMITTEE 23 NOVEMBER 2004 ITEM 11 DISPOSAL OF LAND TO THE REAR OF 223 CHESSINGTON ROAD Report of the: Chief Solicitor and Estates Services Manager Contact: Trevor Smith Urgent Decision?(yes/no) No If yes, reason urgent decision required: N/A Annexes/Appendices (attached): Annexe: Plan Other available papers (not attached): Detailed financial implications for the Council. Subject to the decision of the Leisure Committee, to approve the disposal of land at the rear of 223 Chessington Road. Notes RECOMMENDATION (S) That the Committee (1) Authorises the Chief Solicitor to sell the land at Hook Road Arena, hatched black on the plan, for garden purposes to the owners of 223 Chessington Road. (2) That the Council be recommended to amend the Scheme of Delegation to Officers, Paragraph D12, so that the Chief Solicitor and Estates Services Manager shall have delegated authority to sell Council land to adjoining land owners, whether or not that land is on a former Council Housing Estate, provided that the criteria set out in Paragraph D12 are met, and subject to consultation with the Chairman of the appropriate land holding Committee. 1 Implications for Community Strategy and Council’s Key Priorities 1.1 2 These proposals will contribute to the Community Strategy and Key Priorities of improving the quality of the environment and reducing anti social behaviour. Implications for Committee’s Key Service Priorities 2.1 The proposals contribute to improving the standards in open spaces, cutting bureaucracy and improving cost effectiveness of property management. Page 1 of 3 STRATEGY & RESOURCES COMMITTEE 23 NOVEMBER 2004 3 4 5 ITEM 11 Introduction 3.1 Further to the sale of small areas of land at Hook Road Arena at the rear of 221 and 225 Chessington Road for garden purposes, the owners of 223 Chessington Road have approached the Council for a similar disposal. A plan is annexed to this report showing the land concerned measuring 3.7 metres (D) x 19.8 metres (W). The Leisure Committee is being asked at its meeting on 22 November to declare this area surplus to requirements and agree the sale in principle. Leisure Committee’s decision will be reported to this Committee. 3.2 The request has also highlighted a potential area of work which might be delegated to Officers. Proposals 4.1 The land is of no amenity value to the community and its disposal will reduce maintenance costs and prevent this area being used for anti social activities. 4.2 A restrictive covenant will be included in the sale that the land will only be used for garden purposes and the owners will not be allowed to erect more than 2 standard 6 feet fence panels to the approval of the Council. 4.3 Under the Council’s Scheme of Delegation to Officers, the Strategy and Resources Committee has delegated the sale to adjoining landowners of Council owned land on the former Council Housing Estates (bold italics added for emphasis) to the Chief Solicitor. This is subject to the land having no development potential or amenity value to the community and where the highway sight lines will not be affected, subject to consultation with Ward Members and (where appropriate) Rosebery Housing Group. The delegation is also subject to a) the land being sold at open market value, b) the Council’s costs being borne by the purchaser, and c) a restrictive covenant that the land shall only be used for garden purposes and no structure shall be erected on the land save (with Council approval) boundary fencing. 4.4 Recognising the Council’s commitment to reducing bureaucracy, it is proposed to request that Strategy and Resources Committee extend this delegated authority to apply to all Council owned land, whether on former Council Housing Estates or not, provided that the criteria for disposal as set out in Delegation D12 are met, with the addition that the delegation should also be subject to consultation with the Chairman of the appropriate land holding Committee. This would cover disposals of areas such as those at Hook Road Arena identified in this report. Financial and Manpower Implications 5.1 The owners of 223 Chessington Road have agreed to pay the estimated open market value for this land together with the Council’s legal and surveying costs. The figures have been made available separately. Page 2 of 3 STRATEGY & RESOURCES COMMITTEE 23 NOVEMBER 2004 6 Human Rights and Other Legal Implications 6.1 7 The land concerned has been subjected to anti social activity such as defecation and urination and the sale will reduce the opportunities for this anti social behaviour. Its disposal will also reduce the Council’s ground maintenance liabilities. Economic Well-being 8.1 9 The freehold of the land would be sold subject to the restrictive covenants referred to in this report. Environmental and Social Well-being 7.1 8 ITEM 11 No implications for the purposes of this report. Risk Assessment and Conclusions 9.1 The disposal will very marginally reduce the area of Hook Road Arena for public use. However, the land is of no amenity value and has become overgrown. Its disposal will reduce maintenance costs and prevent this area being used for anti social activities. Therefore it is considered that the benefits of disposal identified in this report considerably outweigh its loss. WARD(S) AFFECTED: West Ewell Page 3 of 3