Finedon Town Council, in Accordance with the Approved Community Asset Transfer Policy
Total Page：16
File Type：pdf, Size：1020Kb
BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM Resources Committee 20 March 2019 9 Report of the Director COMMUNITY ASSET TRANSFER REQUEST 1 Purpose of report Members are asked to consider a request to transfer an asset to Finedon town council, in accordance with the approved community asset transfer policy. 2 Executive summary The report outlines the application by Finedon town council for transfer of land at the Pocket park/Tainty field which has been used and maintained by them for some years. 3 Appendices Appendix 1: statement of case for the transfer of land at Finedon. Appendix 2: valuation and plan of the asset. 4 Proposed action: The committee is invited to RESOLVE 4.1 to transfer the land edged red on the plan at Finedon to the town council on a long lease in accordance with the policy; or freehold as requested by the town council; 4.2 that the terms of the lease/freehold transfer be negotiated between the council’s Assistant director (corporate landlord) and the town council in order to ensure that the council’s interests are protected. 5 Background 5.1 The council has only made one decision to transfer an asset to an organisation for community use: Glamis Hall. This decision was made following significant discussion about the potential closure of the facility by the council, and a submission by the newly formed charity: Glamis Hall for All. 5.2 A second application was made by The Castle Wellingborough Ltd, registered as a charity, for a transfer of the theatre to enable a redevelopment project. As members will be aware, this application was not agreed because due diligence raised concerns about the financial sustainability of the organisation. 5.3 Two further requests have been received from Finedon town council and Bozeat parish council who have been reviewing their position given the potential for an impending local government reorganisation. The application from Finedon town council is considered below, with further details in the appendices. The application from Bozeat parish council has very recently been received at the time of writing, but has yet to be evaluated and will be presented to a future resources committee. 6 Discussion 6.1 Finedon town council has requested the transfer of the pocket park/Tainty Field, which has been part of a formal management agreement for many years. Their business case for this request is set out in Appendix 1. 6.2 Members will note that the request has been made for a freehold transfer which is not the default set out in the Community Asset Transfer policy. In accordance with the policy, the recommendation is therefore to transfer the land to the town council on a long lease at a peppercorn rent. However, the committee could agree to the disposal of the freehold, subject to the transfer including sufficient protection of the asset for future use by the public. 6.3 Any transfer will need to ensure that the town council uses the land for the purpose intended in the longer term, and the transfer document will include provision for that. 7 Legal powers 7.1 The council has full power to manage its property assets under the incidental powers in section 111 of the Local Government Act 1972. S123 of the Local Government Act 1972 requires the council to obtain best consideration for any interest in land disposed of. This asset has a nominal value, so the best consideration test would not prevent the transfer. Furthermore the council has all the powers of an individual under section 1 of the Localism Act 2011. Accordingly it has full power to carry out the proposed actions. 7.2 Legal advice will be sought to ensure that the long term future of the asset is protected for future use by the public. 8 Financial and value for money implications 8.1 Finedon town council is already maintaining the land in question, although notice has been served on this council to terminate that agreement with affect from 17 April 2019. 8.2 The cost of maintaining the area of land by this council is not included in current budgets, so this factor also needs to be taken into account if the land was not transferred and responsibility for maintenance was transferred back to the borough council. 8.3 The asset has been valued at £1. The valuation is included at Appendix 2. 9 Risk analysis 9.1 Apart from the potential need by this council to maintain this land in future – with no currently allocated budget – there is no risk to the council if the land is retained. 9.2 Alternatively, there is no significant risk if the land is transferred to the Town Council, apart from the loss of a minor property asset. 10 Implications for resources Officer resource will be required to complete the transfer, but it is expected that this will be straightforward. 11 Implications for equalities, and stronger and safer communities There are no direct implications for equalities, or stronger and safer communities. 12 Author and contact officer Adrian Piper, Assistant Director 13 Consultees Liz Elliott, Managing Director Shaun Darcy, Director Julie Thomas, Director Eric Symons, Assistant Director Victoria Phillipson, Principal Property and Projects Manager 14 Background papers Documentation in relation to land valuation and ownership Correspondence with relevant parties Report and Valuation in respect of: Finedon Pocket Park Station Road Finedon Northamptonshire NN9 5HT Prepared by Andrew Boulter FRICS Underwoods LLP, Shire House, Pyramid Close, Northampton, NN3 8PH Report & Valuation: Finedon Pocket Park, Station Road, Finedon, Northamptonshire NN9 5HT For: Borough Council of Wellingborough CONTENTS 1.0 PREAMBLE 1 2.0 LOCATION 2 3.0 DESCRIPTION 2 4.0 SERVICES 3 5.0 CONDITION OF PROPERTY 4 6.0 TENURE 4 7.0 ENVIRONMENTAL CONSIDERATIONS 4 7.1 HAZARDOUS AND DELETERIOUS MATERIALS 4 7.2 CONTAMINATION 4 7.3 INVASIVE & PROTECTED SPECIES 5 7.4 FLOOD RISK 5 8.0 MARKET COMMENTARY 5 9.0 VALUATION COMMENTARY 5 10.0 VALUATION 6 11.0 STATUS OF VALUER 6 APPENDIX 1 – DEFINITIONS APPENDIX 2 – CONDITIONS OF VALUATION APPENDIX 3 – PLANS APPENDIX 4 – PHOTOGRAPHS Report & Valuation: Finedon Pocket Park, Station Road, Finedon, Northamptonshire NN9 5HT For: Borough Council of Wellingborough 1.0 Preamble Instructing Client: Borough Council of Wellingborough Date of Instruction: 14 December 2018 Acceptance of Instruction: 14 December 2018 Reference No: PR023659 Purpose of Valuation: Community Asset Transfer Status of Valuer: External That the land is designated as Public Open Space in Additional Special Assumptions: perpetuity and that consent would not be obtained for any other use. Date of Inspection: 10 January 2019 Prepared in accordance with the Requirements of RICS Compliance: the RICS Valuation – Global Standard 2017 by an External Valuer/RICS Registered Valuer. Definition: Appendix 1 Conditions: Appendix 2 Conflicts of Interest: None 1 Report & Valuation: Finedon Pocket Park, Station Road, Finedon, Northamptonshire NN9 5HT For: Borough Council of Wellingborough 2.0 Location The park is situated on the north-western fringe of the small town of Finedon. Access is gained from Avenue Road which is a residential street and from Station Road which is a country lane leading from Finedon to Burton Latimer. For the most part, the park is set in a rural agricultural area. (Source Google 2018) Finedon is situated some 4 miles to the north-east of Wellingborough and is a historic settlement noted for the excavation of iron ore for some 100 years with local furnaces producing pig iron and for expansion through the boot and shoe industry in the 19th and early 20th Centuries. It currently has a population of some 4,500 people. 3.0 Description The pocket park comprises a field with frontage to Avenue Road together with 3 fingers of land which comprise the site of a former open cast ironstone quarry and part of the railway that served the quarry. The quarry closed on 23 May 1946. The land is laid out with walkways 2 Report & Valuation: Finedon Pocket Park, Station Road, Finedon, Northamptonshire NN9 5HT For: Borough Council of Wellingborough which include the dismantled railway and these are typically surrounded by unplanned wooded areas which are uneven and sloping in parts. Not to scale – See Appendix 3 There are remains of the previous industrial use including concrete bases and railway sleepers and the like. The railway bridge which runs below Station Road forms part of the walkway leading to the western section of the park. Part of the park known as Cally Banks is devoted as a nature reserve. The park extends in all to approximately 33.4 acres (13.52 hectares) as shown coloured in pink of the plan at Appendix 3. There are no WC or other facilities on the park and it is purely used for walking and recreation purposes. 4.0 Services To the best of the writer’s knowledge, there are no services connected to the park. 3 Report & Valuation: Finedon Pocket Park, Station Road, Finedon, Northamptonshire NN9 5HT For: Borough Council of Wellingborough 5.0 Condition of Property The park is maintained in reasonable order for its current use. There is an information panel on the parapet wall to the Station Road bridge. The pathways are partially gravel surfaced. The park as an amenity would benefit from more pro-active management and has potential for various improvements to be made such as way marking the footpaths. The bridge below Station Road is blighted with graffiti. It is emphasised that no condition or site survey has been carried out for the purposes of this Report. Your attention is drawn to the Conditions of Valuation (Appendix 2). 6.0 Tenure I have not been provided with a Report on Title in connection with preparing this report and have assumed that the freeholder comprises a good title which is transferable and not subject to any unusual or onerous restrictions, covenants, easements, encumbrances or outgoings and that the property is not adversely affected by any schemes of any Local or other Authority.