PAPER D1

                                                                                                                                                                                                        

                                                                                                              Purpose : For Decision

                        REPORT TO THE CABINET

 

Date :              21 MARCH 2006

 

Title :               GODSHILL CAR PARK AND PUBLIC CONVENIENCE GRANT OF RIGHT OF WAY

                       

REPORT OF THE CABINET MEMBER FOR RESOURCES, AUDIT, AN EFFICIENT COUNCIL AND CUSTOMER CHAMPION

 

IMPLEMENTATION DATE : 31 March 2006


 


SUMMARY/PURPOSE

 

1.                  To agree the objectives for the sale of rights over Council land.

 

BACKGROUND

 

2.                  Adjacent to the Council’s public car park at Godshill is the Old Smithy tourist attraction and its large car park.  Access to the Old Smithy car park (see plan) for the visitors to Godshill has been allowed via the Council’s car park.  The partnership owning the Old Smithy attraction has asked to acquire permanent right through the Council’s car park.

 

3.                  Terms for this right were agreed in August 2004 and included replacement of the public conveniences nearby.  This was a delegated decision which the Old Smithy Partnership now wishes to vary.  Because this area falls in the electoral division of the Cabinet Member, the revised terms are a decision for the Cabinet.

 

4.                  The car park forming part of the Old Smithy is in effect the main car park for visitors to Godshill both by car and by coach.  The Isle of Wight Council car park provides approximately 36 car parking spaces, whilst that of the Old Smithy provides a total of approximately 300 spaces for cars and some 20 coach spaces.

 

5.                  Access through the Council’s land represents the sole means of suitable vehicle access to the Old Smithy car park and whilst it was understood that alternative route may be available from land situated further west of the High Street it is difficult to see that such could be made suitable because of physical and legal constraints.

 

6.                  Both car parks are heavily used, particularly during the busy summer season and as indicated previously much of the visitor attraction to Godshill is dependant on use of the Old Smithy car and coach park.

 

7.                  Whilst there is no requirement for visitors to Godshill who park free of charge within the Old Smithy car/coach park to visit facilities of the Old Smithy, in practise there are pedestrian links from the car/coach park is through the Old Smithy attraction that clearly benefit the business. 

 

8.                  The Old Smithy car/coach park is outside the development envelope as designated in the Unitary Development Plan and the Council’s public car park is within the development envelope, it also falls within the conservation area.

 

9.                  The Old Smithy now wishes to vary the terms previously agreed and pay a monetary consideration instead of providing new public conveniences.

 

10.             New terms have been discussed and are being recommended to the Cabinet.  The Old Smithy asked that these terms be treated as confidential in that they have commercial sensitivity.  The terms are therefore set out in a confidential appendix.

 

PURPOSE/OBJECTIVES

 

11.             To enable this attraction through a long term access.

 

12.             To support the development of tourism in Godshill.

 

13.             Make the best use of Council resources.

 

14.             Improve public facilities such as the public conveniences nearby.

 

STRATEGIC CONTEXT


 

15.             By enabling the access, the Council will be progressing several strategic objectives.  These include: developing a more sustainable environment in terms of access to facilities and leisure attractions and the consequent promotion of the local economy and economic development enabling a local business to make a longer term investment decision.

 

CONSULTATION

 

16.             The proposals set out in this paper have been shared widely with operational officers in Planning, Highways, Finance, Legal Services and Property Services, all of whom support the scheme.  The Cabinet Member is the Member for this Electoral Division.

 

FINANCIAL/BUDGET IMPLICATIONS

 

17.             Under the new lease arrangements the Council will receive a capital sum based on the value of building and maintaining a new public convenience.

 

LEGAL IMPLICATIONS

 

18.             There will need to be a variation of the deed which is already granted.  The Council is empowered to sell its property under this scheme by the Local Government Acts 1972 and 2000 part 1 and will be actively pursuing objectives of the Community Strategy.

 

OPTIONS

 

19.             (a)       That the Council seeks to obtain a capital payment instead of replacement toilets.

 

(b)               That the Council decides to stop up the present access.

 

EVALUATION/RISK MANAGEMENT

 

20.             Discussions have taken place as to a capital payment in terms of best consideration.  The terms being put forward are being recommended on the basis that the Council will be securing a consideration that makes savings on future liabilities. 

 

21.       The existing site is thought to provide a residential development opportunity or          the site for a possible new visitor attraction.  It is proposed that this will be   evaluated in the future given a strategy for replacement toilets is agreed.

 

22.             The Council could choose to stop up the way to the Old Smithy Car Park that would affect the general facilities available for visitors accessing Godshill and its tourist attractions.  In real terms such an action would have an adverse effect on the Council’s aims and objectives.  It would also be contrary to the Council’s objective of promoting tourism, employment and economy.

 

RECOMMENDATIONS

 

23.             Option 15(a).

 

BACKGROUND PAPERS

 

24.             Delegated decision 26 August 2004.

 

APPENDICES

 

25.             Confidential Appendix A

 

 

Contact Point :     Tony Flower, Head of Property Services ' 823263, email [email protected]

 

TONY FLOWER

Head of Property Services

 

COUNCILLOR JILLY WOOD

Cabinet Member for Resources, Audit, an Efficient Council and Customer Champion