DELEGATED DECISION NOTIFICATION REF NO 1

11193

DEPARTMENT DEVELOPMENT

SUBJECT 2 MARKETING OF VARIOUS MISCELLANEOUS PROPERTIES CITY WIDE BY AUCTION – LAND AT INTAKE ROAD LS28

DECISION 3 COUNCIL EXECUTIVE EXECUTIVE EXECUTIVE FUNCTION DECISION DECISION DECISION (KEY) (MAJOR) (OTHER)

NOT SUBJECT TO 4EXEMPT FROM 4EXEMPT FROM NOT SUBJECT TO CALL IN CALL IN: YES / NO CALL IN: YES / NO CALL IN

The land at Intake Road, Pudsey, Leeds 28 comprises approximately 0.12 hectares (0.3 acres) and is suitable for residential development for which outline planning consent is being obtained.

Approval has been given for disposal of the land at auction.

AFFECTED WARDS PUDSEY

Yes No ADVICE SOUGHT Legal Finance Personnel Equal Opportunities Other (please specify)

1 This reference number will be assigned by Constitution and Corporate Governance Unit and notified to you 2 A brief heading should be inserted 3 Brief details of the decision should be inserted. This note must set out the substance of the decision, options considered and the reason for deciding upon the chosen option, although care must be taken not to disclose any confidential or commercially sensitive information. Guidance on the substance of the note is available from Central Services 4 For Key and Major decisions only. If exempt details to be provided in background papers DECLARED OFFICER / None 5 MEMBER INTERESTS

DISPENSATION BY STANDARDS DATE: ………………………………………………….. COMMITTEE

BACKGROUND PAPERS6

CONFIDENTIAL YES NO RULE NO 10.47 ( ) REPORT

Yes No Date DETAILS OF Executive Member CONSULTATION UNDERTAKEN (OTHER Ward Councillors 3/11/05 REASONS/ Chief Officers Affected ORGANISATIONS Others (Specify) CONSULTED)

CONTACT PERSON JAYNE CONBOY CONTACT NO 77897

AUTHORISED DATE SIGNATORY8 11.1.06

KEY MAJOR OTHER 9 *First publication (5 day notice) Commencement for Call In Last date for Call In Implementation Date 18/1/06

* If key decision not on Forward Plan, the reason and need that the decision be taken are that:

5 No officer having a pecuniary interest in any matter should take a decision in relation to that matter. Other interests of a non- disqualifying nature should be recorded here. 6 A separate Index should be prepared if necessary. ALL DOCUMENTATION UPON WHICH THE DECISION WAS BASED MUST BE RETAINED AND BE READILY ACCESSIBLE SO IT CAN BE PRODUCED SHOULD THE DECISION BE CHALLENGED 7 Access to Information Procedure Rules 8 The signatory must be duly authorised by the Director to make the decision in accordance with the Department’s scheme. It is not acceptable for the signature to be ‘pp’ for an authorised signatory. For Key Decisions only, the date of the authorised signature signifies that, at the time, the Officer was content that the decision should be taken. However, should representations be received following public availability of reports the signatory will consider the effect which such representations should have upon the final decision. 9 Constitution and Corporate Governance Unit will enter these dates AGENDA ITEM NO.:

Originator: Mike Ross

Tel: 39 51479 REPORT OF THE DEVELOPMENT DEPARTMENT REPORT TO: THE DIRECTOR OF DEVELOPMENT DEPARTMENT DATE:

SUBJECT: MARKETING OF VARIOUS MISCELLANEOUS PROPERTIES CITY WIDE – BY AUCTION

Electoral Wards Affected: Specific Implications for: Ethnic Minorities † AND PUDSEY Women † Disabled People † Key Decision Major Decision Eligible for call in Not Eligible for call in Significant Operational Decision Administrative Decision (details contained in the report)

1.0 INTRODUCTION

1.1 The purpose of this report is to seek approval to the disposal of various miscellaneous properties by auction (see attached).

2.0 BACKGROUND

2.1 The properties have been declared surplus to requirements and approved for sale by the Director of the Neighbourhoods and Housing Department.

2.2 The land at the Nooks, was handed to the Development Department for disposal on 15 November 2004 but since that date we have had to terminate a garage tenancy on the site and clarify the position regarding apparent rights of way. These issues have been resolved and the site can now be sold.

2.3 The land at Whitehall Road was handed to the Development Department for disposal on 3 November 2004 but we had to wait 12 months for a garage tenancy to terminate on the site before we could consider a sale.

3.0 CURRENT POSITION

3.1 These small development sites in Gildersome, Drighlington and Pudsey (as identified on the attached plans) are suitable for a single or limited number of dwellings for which outline planning consent for residential use has already been obtained in connection with the site at Gildersome and is still awaited in connection with the other two sites.

4.0 PROPOSAL

4.1 It is proposed that all the properties indicated be offered for sale by auction.

4.2 The auction reserve will be agreed with the Director of Development Department.

H:\data\Marilyn\test\marketingmisc2.mjr.doc 4.3 The Head of Property Services confirms that the proposed method of disposal set out above is the method most likely to result in the Council achieving the best consideration that can be reasonably obtained under section 123 of the Local Government Act (or under The Housing Act 1985).

4.4 It is proposed that the properties will be included in the auction on 16 February 2006, subject to planning permission having been obtained.

5.0 RESOURCE IMPLICATIONS

5.1 If the properties are sold the relevant vesting Departments will cease to be responsible for the current and future maintenance liabilities of these properties.

5.2 These disposals will generate a Capital Receipt.

5.3 It is felt that it would be more efficient to offer these properties for sale by public auction as it will hasten their disposal and minimise the cost to the Council in terms of its ongoing maintenance liabilities.

6.0 LINK TO CORPORATE PRIORITIES

6.1 Disposal of these properties would represent prudent and economic asset management, supportive of best value objectives by relinquishing the Council’s responsibility for maintenance and upkeep of these properties and is supportive of the Council’s priority for competing in a global economy.

6.2 The development of these properties supports the corporate priority for creating better neighbourhoods and confident communities.

6.3 The properties have been declared surplus to Council requirements and no operational reason has been identified to justify retention. In these circumstances disposal by auction represents prudent and economic asset management, minimising holding costs associated with managing the properties and therefore supports Best Value objectives of the Council.

6.4 The auction of the properties may lead to disposals, which will generate a substantial capital receipt and support both the Departmental objective of generating capital receipts and corporate Best Value objectives.

7.0 EQUALITY

7.1 Equality issues have been assessed and there are no specific issues arising from this proposal.

7.2 The auctioneers will be requested to make all marketing documentation available in alternative formats e.g. other languages, Braille etc.

8.0 RISK IMPLICATION

8.1 There is a risk that the properties may not be sold at auction if the properties do not reach their reserve. The risk is considered to be low but if that were to happen, the reserve can be reviewed and the property re-offered at no additional cost.

8.2 There is a risk that if the properties are not sold they may attract unlawful occupation and fly tipping, potentially posing Health and Safety issues.

H:\data\Marilyn\test\marketingmisc2.mjr.doc 9.0 CONSULTATION

9.1 All relevant Ward Members have been consulted on the properties and no objections have been received to date (see-attached schedule of dates). Any further comments received will be reported at the meeting.

10.0 OPTION

10.1 Those vested in other Departments are vacant and surplus to operational requirements. No other departments have a requirement for the properties and again it is considered that there is not an option to retain these properties

10.2 Sell the properties through the Council’s offer procedure. These properties are, however, considered to be vulnerable to unlawful occupation and fly tipping and auction as a method of sale is recommended instead. This will focus the sale of the properties and keep the time they are vacant and at risk to a minimum. It is considered that the properties can be offered for sale with completion being achieved within 3 months, whereas through the offer procedure this has been known to take upwards of 6 months.

10.3 Sell by way of a public auction. This is the preferred option as it will speed up their disposal. Completion takes place 4 weeks after the date of the auction.

11.0 RECOMMENDATION

11.1 That approval be given to proceed with the disposal of all the properties listed on the attached schedule via an auction and for the auction reserve to be agreed by the Director of the Development Department.

H:\data\Marilyn\test\marketingmisc2.mjr.doc MISCELLANEOUS PROPERTIES FOR SALE BY AUCTION

Address Description Ward Ward Consultation Declared Surplus Handed to Vesting Dated Development Department Department

Land at The Vacant land Morley North 3 November 2005 21 October 2004 16 November 2004 Neighbourhoods Nooks Gildersome suitable for small and Housing Leeds LS27 scale residential development.

0.22 hectares (0.54 acres)

Land adjacent to Vacant land Morley North 3 November 2005 21 October 2004 3 November 2004 Neighbourhoods 287 Whitehall suitable for small and Housing Road Drighlington scale residential Bd11 development.

595m2 (713 sq yds)

Land at Intake Vacant land Pudsey 3 November 2005 26 November 2004 28 April 2005 Neighbourhoods & Road Pudsey suitable for small Housing Leeds LS28 scale residential development.

0.12 hectares (0.3 acres)

H:\data\Marilyn\test\marketingmisc2.mjr.doc