PAPER B2
Purpose
: For Decision
Committee
: EXECUTIVE
Date : 5
NOVEMBER 2002
Title : DISPOSAL
OF THE FREEHOLD REVERSION OF THE SAFEWAY SITE, SOUTH STREET, NEWPORT
SUMMARY/PURPOSE
1.
This paper recommends
disposal by public auction the freehold reversion of the former market site in
South Street, Newport, which is subject to a lease to Safeway Stores Plc.
BACKGROUND
2.
Safeway
Stores Plc have the benefit of a 125 year lease granted in December 1987 at a
ground rent of £30 per annum. The tenants
paid the Council £1,260,000 consideration for the lease in 1987 which has a
user clause restricting the size of the development to 48,000 square feet
for retail purposes with ancillary catering, bakery, storage, office, car
parking facilities and also for a petrol filling station and restaurant. The development is currently at capacity in
respect of this user clause. The
Council as landlord can approve alternative uses and approval shall not be
unreasonably withheld or delayed.
OUTCOME OF CONSULTATIONS
3.
This
property forms part of the Council’s capital disposals programme which has been
previously agreed by the Executive.
PLANNING IMPLICATIONS
4.
Whilst
the lease has provision for restricting the size of the development site the
Council, as Local Planning Authority, will retain some control of the site if
the freehold reversion is sold.
FINANCIAL IMPLICATIONS
5.
The Tenants,
Safeway Stores Limited, have indicated a willingness to purchase the freehold
reversion of the property on a private treaty basis. In order to fully test the market it is recommended that the
Council’s freehold interest be offered for sale by public auction with an
appropriately set reserve agreed by the Portfolio Holder for Resources.
6.
There
are no legal restrictions on disposal.
Section 123 Local Government Act 1972 requires disposal of land to be at
the best consideration that can reasonably be obtained.
OPTIONS
7.
The
following options are available:
(a)
Sell the freehold
reversion by public auction.
(b)
Sell by private
treaty.
(c)
Negotiate solely
with tenants.
(d)
Retain the
property.
8. Sale by auction is the commonly preferred method of disposal of this type of asset, and it is the main arena for purchasers in the market who acquire assets such as this for investment purposes. It also makes for a quick sale in a given time frame.
9. This method contrasts with private treaty where a disposal can take a lot longer, as the marketing activity is spread over a longer period and the inherent risk that the target market is not reached.
10. Negotiating solely with the tenant cuts out other potential purchasers.
11. The costs of disposal by auction are slightly higher but this is usually offset by a higher sale figure.
12. Disposal of the freehold reversion is consistent with policy to dispose of surplus assets. The commercial market is such that the disposal at the current time is likely to be advantageous.
RECOMMENDATIONS 13.
Option (a) dispose of the property by public
auction. |
BACKGROUND PAPERS
Capital Programme and Asset
Management - Acquisition and Disposal of Assets.
Contact Point : David Lovell, F 823266
MIKE FISHERStrategic Director Corporate and Environment Services |
R R BARRY Portfolio Holder for Resources |