COLCHESTER BOROUGH COUNCIL RECORD OF DECISIONS TAKEN UNDER DELEGATED POWERS

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1 Explanatory Note COLCHESTER BOROUGH COUNCIL RECORD OF DECISIONS TAKEN UNDER DELEGATED POWERS The Leader of the Council has established Delegation Schemes by which certain decisions may be made by the relevant cabinet member or specific officers. Cabinet member decisions are subject to review under the Call-in Procedure. From the date the notice of the decision made is published there are five working days during which any five Councillors may sign a request for the decision to be reviewed (called in) and deliver it to the Proper Officer. If, at the end of the period, no request has been made, the decision may be implemented. If a valid call- in request has been made, the matter will be referred to the Scrutiny Panel Part A To be completed by the appropriate Cabinet Member/Officer Title of Report Sale of HRA land at Bromley Road, Colchester Delegated Power To agree to the sale of land at Bromley Road, Colchester Decision Taken To approve the sale of land at Bromley Road, Colchester in accordance with the Disposals of Small Parcels of Land Policy. Key Decision Forward Plan

2 Reasons for the Decision It is proposed to sell the land at Bromley Road, Colchester as the boundaries of the land lies between the property at Bromley Road and Colchester Academy School, the land is not easily accessible has not been maintained. Alternative Options The alternative options would be to not sell the land and continue to manage and maintain it, or not to sell the land and lease it. Conflict of Interest None Dispensation by Head of Paid Service Dispensation by Monitoring Officer Approved by Portfolio Holder for Signature Councillor Tina Bourne Date 11 December 2014 (NB For Key Decisions the report must be made available to the public for five clear days prior to the period for call-in commencing) Part B To be completed by the Proper Officer (Democratic Services) Portfolio Holder Decision Reference Number Specify Number. HOU

3 Implementation Date This decision can be implemented if no request for the decision to be reviewed (call-in) has been made after 5pm on 22 December 2014 Call-in Procedure The Decision Notice for this decision was published on the internet and placed in the Members Room and the Customer Service Centre on 15 December 2014 A request for reference to the Scrutiny Panel must be made by 5pm on 22 December 2014 Signature of Proper Officer K. Barnard

4 Report to Portfolio Holder for Housing and Public Protection 30 November 2014 Item Report of Head of Commercial Services Author Alison Turner Title Sale of HRA Land at Bromley Road Wards affected St. Anne s This report concerns the sale of HRA land bordering properties 78, Bromley Road and Colchester Academy School 1. Decision(s) Required 1.1 To approve the sale of a small parcel of land at 78 Bromley Road highlighted in (Appendix 1) of this report, to the owner of 78 Bromley Road, in accordance with the Disposal of Small Parcels of Land Policy. 2. Reasons for Decision(s) 2.1 The owner of 78 Bromley Road has approached the Council expressing their interest in purchasing a small area of land that currently belongs to Colchester Borough Council. 2.2 Housing land is regarded as public property and is not usually for sale to benefit private individuals. Applications from private individuals to buy land are normally refused unless; There is a broader community benefit, for example a rationalisation of small parcels of back land open space, either rarely used or often misused. There are management issues, for example, the land is difficult or costly to maintain or the land attracts anti-social behaviour. There are extenuating circumstances in relation to the applicant requesting the purchase of the land. 2.3 The land lies between the boundary of 78 Bromley Road and Colchester Academy School. The land is therefore land locked by these boundaries and access can only be obtained via entering the school grounds. The land is not currently maintained. 3. Alternative Options 3.1 Offer the owner of 78 Bromley Road the option to use the land as garden land by way of a licence with an annual fee payable. This would not provide a permanent solution to the management issues as licences can be withdrawn by either party at short notice (one month) and this could mean that the Council becomes responsible for the land again should the property s ownership change and the incoming owner doesn t want to use the land.

5 3.2 Lease the land to the owner of 78 Bromley Road by way of charging an annual peppercorn rent for the land; however, this arrangement could also be ended, again resulting in the Council being responsible for maintaining the land. 3.3 Retain the land in Council ownership. 4. Supporting Information 4.1 The area is landlocked with no access except through Colchester Academy School. Selling the land would solve the management problems as the owner-occupier of 78 Bromley Road will clear the site and continue to maintain it in the future. The Colchester Academy School have expressed no interest in clearing the land and have no objections to the Council selling. 4.2 The main benefits in selling the land would be that; the land would be cleared boundaries would be confirmed with new fencing an issue would be solved that could cause boundary disputes in the future 4.3 In accordance with the Land Sale policy the Ward Councillors and Essex County Councillors were consulted on the proposal to sell the land and all replied having no objections. 5. Proposals 5.1 The land should be offered for sale to the owner of 78 Bromley Road on account of the unwanted use of the land and the boundary problems that have been identified. 5.2 Estate Services have provided a valuation for the land of 11,185 which reflects the size and impact the sale of the land will have. 5.3 A covenant will be placed on the land that will limit the use of the land for garden purposes only and prevent any form of development on the land including any outbuilding or garage without prior consent of the Council which will be in addition to planning consent or other necessary statutory approval. Also no gates or entrance to the school playing field as per the schools request. The owners of 78 Bromley Road will erect a new boundary fence. 5.4 The purchasers will assume all other costs associated with the sale 6. Consultation 6.1 Colchester Academy School, Ward Councillors, Essex County Councillors and the adjoining neighbours affected in line with the Disposal of Small Parcels of Land policy, were consulted in regards to the sale. There were no objections raised. 7. Financial Implications 7.1 The sale of the land will generate a small capital receipt for the Council.

6 8. Equality, Diversity and Human Rights implications 8.1 The policy has an Equality Impact Assessment and these points have been considered Standard References 9.1 There are no particular references to the Strategic Plan; publicity considerations; community safety; health and safety or risk management implications. Background Papers Appendix 1 - Plan of area