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South Lakeland District Council DELEGATED EXECUTIVE

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PART I South Lakeland District Council DELEGATED EXECUTIVE DECISION Date of Proposed Decision: 13 September 2012 Report Author: Caroline Leigh, Corporate Asset Manager Portfolio: Cllr David Evans (Policy, Performance & Resources Portfolio) Rep ort from: Michael Keane, Assistant Director (Strategic Planning) Wards affected: Low Furness & Swarthmoor Key Decision: Not applicable Forward Plan: Not applicable LAND AT WADHEAD HILL, BARDSEA 1.0 PURPOSE OF REPORT 1.1 This report is presented to consider declaring the land as surplus to requirements for disposal. 2.0 PROPOSED DECISION It is recommended that:- (1) In principle the grazing land at Wadhead Hill, Bardsea be declared surplus to requirements and offered for sale on the open market subject to the detailed terms and conditions being approved under delegation by the Assistant Director (Strategic Planning). 3.0 BACKGROUND 3.1 SLDC owns a field at Wadhead Hill, Bardsea which is currently let on a 360 day grazing licence. The area of land is approximately 2.5 acres in size and located as shown on plan – see Appendix 1. 3.2 Coastal erosion along the cliff face creates collapses of the seaward fence and continual loss of acreage, thereby reducing its value. Other sections of this cliff fence have been removed by their parties and reportedly as used for firewood. There is a public footpath which runs through the Council land along the edge of this cliff face and the Council is obliged to re-fence it. Therefore this cliff fence requires ongoing renewal following erosion and vandalism. 4.0 RESEARCH AND CONSULTATION 4.1 The Planning Officer has been consulted and states informally that the developmental potential of the site is extremely limited over and above its current use as grazing land. 4.2 The Parks and Leisure Client Officer has been consulted. He states that in the early 1990s the land was identified as having potential as public open space and for being incorporated into the County Park however to date this has not progressed. 4.3 The Environmental Protection Officer has been consulted. He states there was a historic sailing link between Bardsea to Fleetwood and Liverpool as Wadhead Hill is the only place with a sea-wall so could have been a landing place. There are the remnants of two stone piers that would have provided the anchorage via wooden jetties, they are similar in design to the ones at Grange- Over-Sands. In fact the site was once served by a railway, now disused, to supplement the pier at Ulverston Canal. One of the piers has recently had a commemorative stone recovered and reseated. The facing stone on the stone revetment between the two piers is the best example in the district. He has suggested that investment in the area for visitors could link with any future coastal access plans. 4.4 On discussion with SLDC’s Economic Development team the development of the land as part of a country park or for heritage purposes has not moved forward during the last twenty years and both are unlikely to qualify for investment either now or in the foreseeable future. The field itself has no historic features and if the Council disposes of the land, the general public will still have access along cliff face over the public footpath and maintenance liability of the fence and cliff face protection will pass to the purchaser. 4.4 The Ward Member and the Parish Council have been notified regarding the possible disposal of the asset. 5.0 PROPOSAL 5.1 It is advised within the current Corporate Property Strategy that any land surplus to requirements should be identified and offered for sale. Several other fields in the vicinity have been sold in the past as surplus to requirements. This grazing land has been subjected to asset testing, see Appendix B. The proposal is to declare the land surplus to requirements and make it available for disposal. This should result in a capital receipt to the Council. 6.0 ALTERNATIVE OPTIONS 6.1 That the land be retained by the Council – this will result in continued receipt of income from the letting, offset by expenditure on maintenance on fencing and cliff face protection. 7.0 CONSULTATION ARRANGEMENTS 7.1 No objections have been received. 8.0 NEXT STEPS 8.1 If declared surplus, the land will be advertised for sale and sold to the highest bidder. 9.0 IMPLICATIONS 9.1 Financial and Resources Agricultural land is selling well at the moment and could generate a significant capital receipt. Sale would result in the loss of income of £324 per annum but the value of this is reduced by the costs of re-fencing following erosion. Potential to secure a capital receipt or rental may reduce in the future as the land is eroded. 9.2 Human Resources 9.2.1 There are no staffing implications. 9.3 Legal 9.3.1 There are no legal implications provided the sale demonstrates that best consideration will be received under S.123 of the Local Government Act 1972. 9.4 Social, Economic and Environmental Impact 9.4.1 A sustainability impact assessment has not been carried out. 9.4.2 This proposal is considered to have a neutral impact on sustainability, as the land will continue in the same grazing/agricultural use. 10.0 RISK ASSESSMENT Risk Consequence Controls required If the land is retained the Potential ongoing Disposal would relieve Council will continue to expenditure. the Council of minor have a maintenance and financial costs. safety liability which is greater than the income from the land. 11.0 EQUALITY AND DIVERSITY 11.1 An Equality and Diversity Impact Assessment has not been carried out, as it is not considered appropriate. 12.0 LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS 12.1 A Sustainable Council - Delivering services that are value for money. 13.0 CONCLUSION AND EXPECTED OUTCOMES 13.1 It is proposed to make the land available for sale so that the disposal process can commence APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Plan showing area of land recommended for disposal 2 Asset Testing CONTACT OFFICERS Maggie Shaw, Estates Technician, NPS Property Consultants. Tel: 01539 797439 Email [email protected] BACKGROUND DOCUMENTS AVAILABLE None. TRACKING Assistant Portfolio Solicitor to the CMT Scrutiny Director Holder Council Committee 06/08/2012 14/08/2012 06/08/2012 N/A Executive Committee Council Section 151 Monitoring (Cabinet) Officer Officer N/A N/A N/A 03/08/2012 03/08/2012 Human Resource Services Manager N/A Note – Report authors must consult the relevant Portfolio Holder, Members of the Corporate Management Team, the Monitoring Officer, and any other interested parties before a decision can be taken. If any objections are received, they must be reported at the meeting. Signed: Decision Maker: LAND AT WADHEAD HILL, BARDSEA APPENDIX 1 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to show the location of the land being considered for disposal APPENDIX 2 PURPOSE OF APPENDIX 1 The purpose of this Appendix is to illustrate that the Asset has been tested to assess the consequences of disposal. ASSET Land at Wadhead Hill, Bardsea USE: Agricultural / Grazing Portfolio Policy, Performance and Resources TESTS FOR DISPOSAL HISTORICAL Why does SLDC own it/ why was it acquired? Inherited from Ulverston District Council (UDC) in 1974 – land conveyed to UDC on 4 June 1945 What service provision does it facilitate? None Does it relate to any other Council – County/Parish? The plot is situated in Urswick Parish Council but does not relate to any land owned by any other Authority. FINANCIAL Does it generate a significant income? Currently £324 per annum- not a good return on its potential capital value. Will the sale generate a significant capital receipt? The sale will generate a significant capital receipt relative to rising agricultural land prices OPERATIONAL Will disposal save on mainte nance costs ? Yes – maintenance of cliff fence and possible cliff erosion costs Will disposal save on other outgoings? Disposal will save on management costs for site inspections for changing licensees and vandalism reports MANAGERIAL What comments has the Client Manager (if relevant) made? Corporate Asset Manager - Land is a liability – scheme of 1990s to be incorporated into a County Park over 20 years ago – nothing happened during this period of time. Is it vacant or let at less than its full potential? Not vacant – let on a grazing licence which was tendered and won by highest bidder so let to full potential Is it let to a charitable or sporting use with a subsidy/grant element? No PHYSICAL Do Physical factors (eg access, services) affect/limit its disposal? Continuing cliff erosion may affect disposal in the future PLANNING Does it have development potential? The land is unlikely to have any development potential Are there other limitations (eg Listed Building status) which limit its use? No POTENTIAL Will it be needed for future Council use? Questionable future uses – Biomass or heritage centre are unlikely to be affordable even if planning consent was likely. Will it represent ‘piecemeal’ disposal? No Will disposal sterilise other Council assets? No Will disposal mean the loss of a ransom on adjacent private land? No Will disposal lose other benefits/incur other disadvantages for the Council? No LEGAL Do lettings exist which enhance/limit its disposal? Current grazing licensee keeps land in satisfactory condition and has indicated an interest in possible purchase of the land in the past. Do restrictive covenants exist which limit its disposal? No POLITICAL What comments has the Ward Member made? None What comments has the Parish Council made ? None OTHER COMMENTS: SUMMARY: No valid reason for retaining ownership.
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