APPENDIX B4
Acquisition and Disposal Policy for Land and Property
Contents
1.0
Introduction
2.0
Acquisition of land and property
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
3.0
Options for acquisition of land and property.
Compulsory Purchase
Acquisition of land or property for service delivery.
Acquisition of land or property for investment purposes.
Acquisition of land for strategic acquisition for future development in
line with Council priorities and objectives.
Financial criteria for acquisitions
Money Laundering
Internal and External Audit
Disposal of land and property
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
Options for disposal of land and property
Determination of the method of disposal.
Open Market disposal
Criteria for consideration of a private treaty sale
Joint development
Disposal by short tenancy
Obtaining best consideration and disposal at an undervalue
Determination of sites for disposal or redevelopment
Definition of a site for redevelopment
Disposal of sites identified as suitable for redevelopment
Definition of surplus asset for disposal
Disposal of surplus asset by freehold or leasehold interest
Financial criteria for disposals
Community Asset Transfer
Valuations for disposal for inclusion in Asset Register
Money laundering
Internal and External Audit
Appendix
A
Statute law relating to acquisition and disposal
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1.0
Introduction
1.1
The purpose of the Council’s Acquisition and Disposal policy is to set out the
principles and rules by which the Council will acquire and disposal of land to inform
Officers, Members and also other interested parties.
1.2
The Council’s Scheme of Delegation for Land and Property sets out the
financial levels for delegation in the decision making process.
1.3
This policy together with the Scheme of Delegation are key documents in the
overall management of the Council’s land and property portfolio.
1.4
To be read in conjunction with the Scheme of Delegation to Officers and
Members, Financial Rules, Anti money laundering policy, Procurement Rules and
Strategy, the Capital Strategy and the Asset Management Plan including property
key considerations and property appraisal framework.
1.5
Any Service Manager considering or identifying the need to acquire or
disposal of land or property for service delivery purposes must consult the Property
Services Manager at the earliest opportunity and prior to any commitment being
made on behalf of the Council.
1.6
This policy deals with acquisition and disposal in line with scheme of
delegation. Any acquisitions or disposals proposed which fall outside this
policy would need to be reported on an individual basis to Cabinet or Council
for approval, dependant on the values involved.
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2.0
Acquisition of land and property
2.1
Options for acquisition of land and property.
2.1.1
The Council can choose to acquire property in any of the following forms:



2.1.2



Freehold
Leasehold (more than 7 years)
Short tenancy (less than 7 years)
The reasons for the Council to acquire land or property would be:
Service delivery
Investment
Strategic acquisition for future development in line with Council priorities and
objectives
2.1.3 Prior to the purchase of any site a full option appraisal, including whole life
costing, should be carried out which would involve appraisal of all the options for
delivery of the final objective. Consideration should be given to all other Council
owned property and its suitability prior to any acquisition.
2.1.4 All option appraisals should take into account the on-going cost of ownership
of the property over its life time and ensure that any decision to acquire land is
informed by both the capital and revenue implications of ownership and the risks
associated.
2.1.5 VAT implications must be considered as part of the appraisal process prior to
any decisions being made. Financial Services to be consulted with regard to VAT
implications.
2.1.6 If the Chief Executive seeks to exercise his/ her emergency powers under
Council Procedure Rule 38 for the acquisition or disposal of property, the decision
must only be taken following consultation with the Asset Management Group.
2.2
Compulsory purchase
2.2.1 The Council may consider, where appropriate the acquisition of land through
its compulsory purchase powers.
2.2.2 Powers of Compulsory Purchase are conferred on public authorities by
legislation. They enable the authorities authorised to compulsorily purchase land
which is required to carry out a function which Parliament has decided is in the public
interest. These powers will be used where the owner or occupier of the land required
is not willing to sell by agreement or where agreement cannot be achieved.
2.2.3 There are a number of stages in the Compulsory Purchase Procedure and
the approval of the relevant Government Minister is required before such powers can
be used. When deciding whether or not to exercise Compulsory Purchase powers
the Council must take into account all relevant considerations (including, but not
exclusively), the rights of the affected landowner(s) under the Human Rights Act
1998.
2.2.4 Where Compulsory Purchase powers are used, the land owner or occupier is
generally entitled to compensation.
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2.2.5 Legal Services to be consulted at the earliest opportunity if consideration is
being given to acquisition in this way.
2.2.6 Authority for the decision to pursue a compulsory purchase of any land or
property would be taken by Cabinet/ Council as necessary.
2.3
Acquisition of land or property for service delivery.
2.3.1 Land or property may be acquired for the purpose of service delivery in line
with the scheme of delegation, subject to the following criteria:
i.
Authority from Corporate Team confirming that the level of service
delivery is required.
ii.
An option appraisal has been carried and reported to the Asset
Management Group, the result of which identifies the requirement for the
land or property for service delivery.
iii.
The on-going revenue costs are contained within an approved budget
which has been confirmed as appropriate by the Financial Services and
Audit Manager, and/ or an appropriate budget is approved by Cabinet.
iv.
Where acquisitions will result in an asset to be recognised on the
Council’s Balance Sheet; the purchase must be subject to the Council’s
Capital Appraisal Scheme and a capital budget approved by the Cabinet
or Council in accordance with the Financial Rules.
v.
Advice on whether a leasehold or short tenancy should be included on the
Balance Sheet must be obtained from the Financial Services and Audit
Manager.
vi.
VAT has been considered and the Financial Services have been
consulted on the implications on VAT and that these are included in the
option appraisal.
2.4
Acquisition of land or property for investment purposes.
2.4.1 Land or property may be acquired for the purpose of investment in line with
the scheme of delegation, subject to the following criteria:
i.
Net return of 6% plus
ii.
Minimal tenant risk/ Strong covenants – so other Local Authorities,
Primary Care Trust or similar.
iii.
Modern properties in generally good condition on full repairing and
insuring leases.
iv.
Location of property - prime location potentially anywhere in the UK.
v.
Single let or multi let, but preference away from management intensive
properties.
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vi.
The on-going revenue costs are contained within an approved budget
which has been confirmed as appropriate by the Financial Services and
Audit Manager, and/ or an appropriate budget is approved by Cabinet.
vii.
Where acquisitions will result in an asset to be recognised on the
Council’s Balance Sheet; the purchase must be subject to the Council’s
Capital Appraisal Scheme and a capital budget approved by the Cabinet
or Council in accordance with the Financial Rules and/ or any delegated
authority.
viii.
Advice on whether a leasehold or short tenancy should be included on the
Balance Sheet must be obtained from the Financial Services and Audit
Manager.
ix.
VAT has been considered and the Financial Services have been
consulted on the implications on VAT and that these are included in the
Capital Appraisal Scheme and report for decision.
2.5
Acquisition of land for strategic acquisition for future development in
line with Council priorities and objectives.
Land or property may be acquired for the purpose of future strategic development in
line with Council priorities and objectives and in line with the scheme of delegation
and subject to the following criteria:
i.
An option appraisal has been carried and reported to the Asset Management
Group, the result of which identifies the land as suitable for current or future
strategic development in line with Council priorities and objectives.
ii.
The on-going revenue costs are identified as part of the review and contained
within an approved budget which has been confirmed as appropriate by the
Financial Services Manager, and/ or an appropriate budget is approved by
Cabinet.
iii.
Where acquisitions will result in an asset to be recognised on the Council’s
Balance Sheet ; the purchase must be subject to the Council’s Capital
Appraisal Scheme and a capital budget approved by the Cabinet or Council in
accordance with the Financial Rules.
iv.
VAT has been considered and the Financial Services have been consulted on
the implications on VAT and that these are included in the option appraisal.
2.6
Financial and other criteria for acquisitions
2.6.1 The Council needs to take a strategic approach to land and property
acquisitions. The requirement to invest in land and property for any of the purposes
identified in 2.3 to 2.5 should be identified as part of the Council’s procedures for
developing its Medium Term Financial Plan, Capital Programme, Corporate Plan and
Service Delivery Plans.
2.6.2 Service Managers will be required to take a medium to long term view when
planning delivery of their services and will need to identify any requirement to acquire
APPENDIX B4
land and property or any opportunities to dispose of surplus assets in order that
these changes can be incorporated in the Council’s financial planning systems.
2.7
Money Laundering
All transactions should be carried out in accordance with the Council’s AntiMoney Laundering Policy.
All cash transactions must be within the limits set out in the Anti-Money
Laundering Policy.
Legal Services must make checks for all purchasers and ensure that vendors
solicitors, and any solicitors employed to act on behalf of the Council, have an upto
date Anti-Money Laundering Policy and that they are registered with the Law Society.
2.8
Internal and External Audit
Audit trails of all acquisitions will need to be maintained and accessible by
Internal/External Audit to verify actions/values and how the authority made the
decision to acquire/dispose. Any appointment of a third party consultant must
reserve the right of access to their records in relation to the transaction. This will
need to be dealt with by way of appropriate contract conditions.
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3.0
Disposal of land and property
3.1
Options for disposal of land and property
3.1.1 Disposal under the Local Government Act 1972 deals with all types of
disposal, freehold, leasehold and short tenancy agreements.
3.1.2 The disposal of the Councils land and property could therefore be progressed
in a number of ways and does not necessarily have to result in a freehold sale. The
following options are available:
i.
Freehold disposal - The sale of the property with or without future
covenants to restrict or protect future use.
ii.
Permanent grant of rights over land – i.e. easement in fee simple.
iii.
Leasehold disposal – Leasehold interest can be agreed for any time
period. A leasehold interest of 7 or more years has to be registered as an
interest in land with the Land Registry. All leasehold disposals will be
agreed outside the Landlord and Tenant Act 1954 to exclude business
protection, unless the property is categorised as an investment property
where terms will be agreed based on advice from an Independent Valuer
to seek best consideration for the lease.
iv.
Non permanent grant of rights over land – i.e. access licence, way leave
etc.
v.
Short tenancy – tenancy for a term of less than 7 years or the assignment
of a term which at the date of the assignment has not more than 7 years
to run. All short tenancy disposals will be agreed outside the Landlord
and Tenant Act 1954 to exclude business protection.
3.2
Determination of the method of disposal.
3.2.1 Except where certain criteria applies, open market disposal will be the
preferred method of disposal.
3.2.2
Methods of disposal are:
i.
ii.
iii.
Open Market disposal
Private Treaty disposal
Joint Development
3.2.3 The method for the disposal of assets will be assessed and determined on a
case-by-case basis by reviewing all of the options and completing an option
appraisal.
3.2.4 All issues relating to the land or property, including social, environmental and
economic benefit and legal issues and agreements, will need to be taken into
account when determining the method of disposal.
3.2.5 The authority for determining the method of disposal will align with the
delegated authority for the disposal.
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3.2.6 Property Services Manager, Estates Officers and Strategic Development
Officer will seek advice from Legal Services and external surveyors and valuers,
where necessary, on the type and method of disposal.
3.2.7 In principle the Council will choose the method of disposal which provides
best consideration, this may be more than just financial consideration and can
include social, environmental and economic considerations, and will be the method
which best secures the desired objectives/ outcomes for the land and/ or property.
3.3
Open Market Disposal
3.3.1
The decision to dispose will be taken in line with the scheme of delegation.
3.3.2 For freehold disposal and leasehold interests over 7 years the properties will
be advertised, bids invited in the form of sealed bids by an agreed date or through
open auction.
3.3.3 Whenever possible the Council will advertise for the disposal. This will be by
way of an advert placed in an appropriate media and on the Councils website.
Where appropriate recommendations will be sought on appropriate terms, including
rent, from an independent agents/ Valuer and where necessary will be appointed to
make recommendations on which they consider to be the best consideration taking
into account both financial and non-financial benefits.
3.3.4 When appropriate independent agents will be appointed to manage the
advertisement and the disposal of the land or property and report to the Council the
value of the bids received and recommend which they consider to be the best
consideration taking into account both financial and non-financial benefits.
3.3.5 For short tenancies of less than 7 years where appropriate independent
agents/ valuers will be appointed to recommend appropriate terms including rent.
The property will be advertised by the Council directly via its website, or when
appropriate by an independent agent. The Council will enter into a tenancy with the
first tenant which is willing to agree terms and has an acceptable covenant strength
and/ or rent deposit acceptable to the Council.
3.3.6 All proposed tenants to be subject to a financial health check carried out by
Financial Services and Audit teams.
3.4
Criteria for consideration of a private treaty disposal
3.4.1 In certain circumstances the Council will consider disposing of an asset by
Private Treaty Sale. This involves the Council negotiating with a single third party to
agree terms for the disposal. This can be used for freehold disposal, leasehold
interests over 7 years and short tenancies for less than 7 years where appropriate.
3.4.2 If Private Treaty can be justified then for a freehold or a leasehold of more
than 7 years an independent Agent/ Valuer will be appointed to advise or negotiate
on the Councils behalf. For short tenancies of less than 7 years then an independent
agent will be appointed where necessary. Appropriate Legal advice, up to and
including Counsel’s opinion, where necessary, as to the legality of the proposed
APPENDIX B4
arrangements, with particular reference to all relevant Local Government Acts and
Regulations will be obtained.
3.4.3 In order to justify a Private Treaty freehold disposal, the proposal must meet
one, or more of the following criteria:i.
The proposed disposal involves both Council land or buildings and an
adjoining property or piece of land owned or controlled by the prospective
purchaser.
ii.
The disposal to a third party who, whilst not an adjoining landowner,
would bring additional social, environmental or economic benefit “to the
table”. (An example would be a sale to an existing major employer who
could otherwise leave the area or a sale to a new major employer who
would move into the area. Also the sale to a Community Association who
could provide wider community benefits or Parish and Town Council in
line with Council priorities)
iii.
To enable a third party to relocate within the area, from a site that is
“inappropriate”, usually in Land Use terms, e.g. a light industrial unit
adjacent to residential properties, to a site that is more suitable, e.g. an
industrial estate or out of town location.
iv.
To enable the purchase of another site, which the Council considers
necessary to meet its priorities and objectives.
v.
The disposal to an existing tenant.
vi.
For the grant of permanent and non-permanent rights, as by definition
these are normally a request from a third party.
3.4.4 In all circumstances a private treaty disposal would seek to produce financial
and/ or non-financial benefits, such as increased capital receipt through marriage
value of an adjoining site, social, economic or environmental benefits, which would
be at least equivalent to those obtainable through an open market disposal, in the
opinion of an independent valuer/ agent.
3.4.5 Any decision to pursue a private treaty disposal is entirely at the discretion of
Cotswold District Council and is the exception rather than the general rule. The
satisfaction of one or more of the criteria for justifying a private treaty sale does not
guarantee that the Council will choose to dispose via a private treaty disposal if other
options are available.
3.5
Joint development
3.5.1 Where a redevelopment proposal includes Council land or property and
adjoining land, the Council may choose to pursue a joint development with the
adjoining landowner and/ or Developer or Registered Social Landlord (RSLs).
3.5.2 The details of a joint development arrangement are likely to differ from
scheme to scheme but will broadly involve sharing the cost, risk and return from the
project.
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3.5.3 The benefits and risks of pursuing this method of disposal would require
detailed assessment as part of the appraisal for the development. This is likely to be
a viable option for large redevelopment projects only.
3.5.4 This form of development may result in EU procurement legislation becoming
applicable. Any joint development proposal should be discussed with Legal Services
regarding EU legislation.
3.5.5
Joint development proposals to be approved by Cabinet or Council only.
3.6
Disposal by short tenancy
3.6.1 Although not required within the Local Government Act 1972 best
consideration should be obtained for all short tenancy agreements unless less than
best consideration can be justified by way of social, economic or environmental
benefits.
3.6.2 All short tenancy disposals will be agreed outside the Landlord and Tenant
Act 1954 to exclude business protection.
3.6.3 Where appropriate an Independent Agent/ Valuer to be appointed to
recommend appropriate terms, including rent.
3.6.4 Property to be advertised in accordance with section 2.3 on Open Market
Disposal unless criteria for a private treaty disposal can be justified and is deemed to
be the most viable option.
3.7
Obtaining best consideration and disposal at an undervalue.
3.7.1 The Council should seek, for all disposals, to achieve the best financial
consideration available for the type of property and the agreed terms.
3.7.2 However where appropriate the Council can consider non-financial benefits
as part of the consideration for a disposal.
3.7.3 The Council has the power within the Local Government Act 1972: General
Disposal Consent (England) 2003, which considers the sale of land for less than best
consideration to dispose of any asset at less than best consideration, without the
requirement for approval from the Secretary of State, at up to £2million below open
market value if it can justify the undervalue by the virtue of other benefits either
social, environmental or economic. See Appendix relating to statute law.
3.7.4 Valuations for the land or property should be carried out by an independent
valuer appointed by the Council and the valuation must be carried out in accordance
with the Local Government Act 1972: General Disposal Consent (England) 2003.
This requires valuations of the restricted sale value (allowing for all the conditions
which the Council has placed on the sale and including non-financial benefits) and an
unrestricted sale value.
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3.8
Determination of sites for disposal or redevelopment.
A number of the Council’s assets are categorised as surplus assets for disposal or
development. Each of these sites needs to be classified as either a disposal or as
having potential for future redevelopment. In the first instance this will be carried out
by the Property Services Manager in consultation with the Community, Health and
Housing Manager and the Portfolio Holders for Corporate Resources and Corporate
Planning. This will be followed in due course by confirmation or re-categorisation
following a property review and option appraisal of the land or property. If in the first
instance it is unclear as to whether future development may be viable then for
disposal purposes it should be assumed that development may be viable.
3.9
Definition of a site for redevelopment.
3.9.1 A site may become suitable for redevelopment due to one or more of the
following criteria:
i.
ii.
iii.
iv.
v.
No longer being required for service delivery and as part of a property
review and option appraisal redevelopment is identified as an option.
Site is identified by the Community, Health and Housing Manager
following consultation with Development Control, Forward Planning and/
or independent Planning Agents, as having future potential for market or
affordable housing development.
Site is identified within the Council’s Local Development Framework as a
site for redevelopment.
If an existing tenancy comes to an end consideration should be given to
the option for potential redevelopment of the site prior to the site just
being relet.
The site is a verge/ other area which has potential for access to another
site, inside our outside the Council’s ownership.
3.9.2 The Council will need to determine following a property review and option
appraisal whether the Council will redevelop the site for investment purposes or
community benefit, or whether the site will be disposal of with development potential.
The review should consider the costs and benefits of disposal of the site with
appropriate planning consent for redevelopment.
3.10
Disposal of sites identified as suitable for redevelopment.
3.10.1 Prior to disposal for redevelopment purposes any short term intermediate use
shall be by way of a short tenancy with a term of less than 7 years, with a landlord
break clauses at no more than 6 months notice. This will ensure that redevelopment
can be progressed when viable.
3.10.2 All disposals should be outside the Landlord & Tenant Act 1954 to exclude
business protection.
3.10.3 Any disposal of freehold interest or leasehold interest of more than 7 years
would require Cabinet/ Council decision, dependant on values involved.
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3.11
Definition of surplus asset for disposal
A site will be determined as surplus for disposal following a property review and
option appraisal if it meets all of the following criteria:
i.
ii.
iii.
iv.
v.
3.12
It makes no contribution to the delivery of the Council’s services and is
unlikely to be required for service delivery in the future.
It is no longer appropriate for service provision.
It has no potential for future strategic or regeneration/ redevelopment
purposes (including affordable housing)
The net income generated from the site is below that which could be
achieved from disposing of the site and investing the capital receipt/
proceeds.
The land or property is not adjacent to a larger area of land or property
in the ownership of the Council.
Disposal of surplus assets by freehold or leasehold disposal
3.12.1 The Council should plan to dispose of all surplus land or property identified for
disposal within its portfolio subject to the following criteria:
i.
ii.
iii.
iv.
v.
That the disposal does not have a negative impact on the MTFP.
Terms to be approved by an independent Valuer where appropriate.
Best financial consideration to be obtained unless social,
environmental or economic benefits are provided.
The method of disposal will be determined on a case by case basis.
Any leasehold disposal transfers all liabilities to the tenant.
3.12.2 Prior to final disposal any short term intermediate use shall be by way of a
short tenancy with a term of less than 7 years, with a landlord break clause at no
more than 6 months notice. This will ensure that disposal can be progressed when
viable.
3.13
Financial criteria for disposals
3.13.1 An option appraisal should be carried out which assesses the capital and
revenue implications of each option, includes the impact of the current economic
conditions (e.g. should we hold the asset until market conditions improve?) and the
VAT implications.
3.13.2 Valuations should be obtained for all viable options, provided by an
independent Valuer.
3.13.3 Once sites are approved as being suitable for disposal and a programme for
disposal has been agreed this should be included on a disposal plan which is then
used to inform the MTFP. However until exchange/ completion of contracts has
taken place, or the lease has been completed, there will always be a risk that the
disposal will not take place in the time periods programmed.
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3.14
Community Asset Transfer
3.14.1 The purpose of community asset transfer is to enable the transfer of
under-used land and buildings from the public sector to community ownership
and management - helping organisations to develop those assets and deliver
long-term social, economic and environmental benefits which may not
otherwise be achieved.
3.14.2 The Council will consider any request for an asset transfer to a
Community organisation where the organisation can provide an adequate
business case and where the transfer would meet the Councils priorities and
objectives.
3.14.3 The Council will seek best consideration for the transfer unless social,
environmental or economic benefits are provided.
3.14.4 The Council may, where appropriate, agree covenants or overage
clauses to deal with additional development.
3.15
Valuations for disposal for inclusion in Asset Register.
The Financial Services Team must be provided with copies of valuation
documents and details of the following values when a property is disposed of
by freehold sale:
3.16
i.
Unrestricted value
ii.
Restricted value (if relevant)
iii.
Actual disposal value
Money Laundering
All transactions should be carried out in accordance with the Council’s AntiMoney Laundering Policy.
All cash transactions must be within the limits set out in the Anti-Money
Laundering Policy.
Legal Services must make checks for all purchasers and ensure that vendors
solicitors, and any solicitors employed to act on behalf of the Council, have an upto
date Anti-Money Laundering Policy and that they are registered with the Law Society.
3.17
Internal and External Audit
Audit trails of all acquisitions will need to be maintained and accessible by
Internal/External Audit to verify actions/values and how the authority made the
decision to acquire/dispose. Any appointment of a third party consultant must
reserve the right of access to their records in relation to the transaction. This will
need to be dealt with by way of appropriate contract conditions.
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Appendix
Main Statute Law relating to Acquisitions
The Local Government Act 1972 section 120 empowers a principal council to
acquire by agreement any land inside or outside its area
(1)
For the purposes of:
(a) for the purposes of its functions under any enactment, or
(b) for the benefit, improvement or development of its area,
(2)
A principal council may acquire by agreement any land for any purpose for
which they are authorised by this or any other enactment to acquire land.
Notwithstanding that the land is not immediately required for that purpose; and, until
it is required for the purpose for which it was acquired, any land acquired under this
subsection may be used for the purpose of any of the council’s functions.
Local Government Act 2003 section 12 gives local authorities’ power to invest. It
provides that a local authority may invest:
(a)
(b)
for any purpose relevant to its functions under any enactment, or
for the purposes of the prudent management of its financial affairs.
Main Statute Law relating to disposal
The Local Government Act 1972 section 123(1) gives the council the power to
dispose of land and property. It states that ‘a principal council may dispose of land
held by them in any manner they wish’ subject to a number of provisions, which are
as follows.
123(2) except with the consent of the Secretary of State, a council shall not dispose
of land under this section, otherwise then by way of a short tenancy, for a
consideration less than the best that can reasonably be obtained. The Council shall
not dispose of land under this.
However, The Local Government Act 1972: General Disposal Consent (England)
2003 gives consent to disposal of land otherwise than by way of a short tenancy by a
local authority in England for less than best consideration subject to specified
circumstances. The Council can therefore sell at an under value without the
requirement for approval from the Secretary of State in line with the following
specified circumstances:
(a)
The local authority considers that the purpose for which the land is to be
disposed is likely to contribute to the achievement of any one or more of the following
objects in respect of the whole or any part of its area, or of all or any persons resident
or present in its area;
(i)
(ii)
(ii)
The promotion or improvement of economic well-being;
The promotion or improvement of social well-being;
The promotion or improvement of environmental well-being; and
(b)
The difference between the unrestricted value of the land to be disposed of
and the consideration for the disposal does not exceed £2 million pounds.
See section 3.7 relating to disposal of land at less than best consideration.
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123 (2A) A principal council may not dispose under subsection (1) above of any land
consisting or forming part of an open space unless before disposing of the land they
cause notice of their intention to do so, specifying the land in question to be
advertised in two consecutive weeks in a newspaper circulating in the area in which
the land is situated, and consider any objections to the proposed disposal which may
be made to them.
123 (2B) Where by virtue of subsection (2A) above a council dispose of land which is
held –
(a)
for the purpose of section 164 of the Public Health Act 1875 (pleasure
grounds); or
(b)
in accordance with section 10 of the Open Spaces Act 1906 (duty of
local authority to maintain open spaces and burial grounds.
The land shall by virtue of the disposal be freed from any trust arising solely by virtue
of its being land held in trust for enjoyment by the public in accordance with the said
section 164 or, as the case may be, the said section 10.
123 (7) For the purposes of this section a disposal of land is a disposal by way of a
short tenancy if it consists –
(a) of the grant of a term not exceeding seven years, or
(b) of the assignment of a term which at the date of the assignment has not
more than seven years to run
and in this section “public trust land” has the meaning assigned to it by section 122
(6) above.
Property Misdescriptions Act 1991 and The Property Misdrescriptions
(Specified Matters) Order 1992.
This Act makes it an offence for estate agents or property developers to make false
or misleading statements in the course of their business about a number of property
related matters (including, amongst other things: the location or address of the
property; its aspect; accommodation; measurements and sizes; physical or structural
characteristics; availability of services; proximity of services; etc.).
Whilst compliance with this Act will primarily be the concern of the selling agent
appointed by the Council, the practical effect of this is that any information supplied
by the Council must be accurate and must not be misleading. Furthermore, all
reasonable steps should be taken to check the accuracy of information before it is
disclosed.