PAPER D2

                                                                                                                                                                                                        

                                                                                                              Purpose : For Decision

                       

            REPORT TO THE CABINET

 

Date :              21 MARCH 2006

 

Title :               CHALE RECREATION GROUND, MILITARY ROAD, CHALE

                       

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

 

 

IMPLEMENTATION DATE : 31 March 2006


 


SUMMARY/PURPOSE

 

1.                  This report seeks approval for the Council to sell its land known as Chale Recreation Ground, Military Road, Chale.

 

BACKGROUND

 

2.                  When Cliff Farm, Chale was sold the Council retained ownership of the field now used as the recreation ground and for the Chale Show.  The field measures approximate 7.3 hectares (being some 18.07 acres) and identified as ordnance survey field numbers SZ47778578 and SZ47770072.  The site is leased to Chale Parish Council for use as a recreation ground planning permission has been granted.

 

3.                  The existing lease provides an option for the Parish Council to acquire the site before the expiry of the lease which is for a term of 28 years from September 1997.

 

4.                  Use of the site as a recreation facility has been ongoing over the years and the Chale Recreation Ground Association has been raising funds to purchase the field for the benefit of the local community.

 

5.                  The Association has entered into negotiations with the Council, independent evaluation advice has been received and on 30 August 2005 the Cabinet authorised the Cabinet member for Resources to approve the terms that would be for the purpose of maximising a capital receipt to the Council and the release of surplus asset. 

 

STRATEGIC CONTEXT


 

6.                  Whilst the Parish Council already has the option to acquire this land, by supporting the proposed terms the Isle of Wight Council will be supporting the local community to take forward improvement and investment.

 

7.                  The Council will also be securing long term public open space and amenity in an area of high landscape value.

 

8.                  The sale of this land will satisfy a number of Council objectives in the Aim High Change Plan including making the best use of resources and enabling local communities as partners sharing responsibility for safer communities and enhancing the environment.

 

CONSULTATION

 

9.                  Consultation on the transaction has been with the Parish Council, the local member as well as Council services.  No adverse comments have been received.

 

PROPOSED TERMS

 

10.             The Purchaser is agreeable to the following sale conditions:

 

·        The land being acquired for the benefit of the local community, the freehold will merge with the existing lease, the property is within an area of outstanding natural beauty and adjacent a heritage coastline and the Purchaser agrees to help support these designations in terms of the ongoing land use and its management.

 

·        The Council reserves the right to have use of the field for up to two weeks of any one year for the purpose of holding open air events.  The Council would need to obtain all necessary consents for this purpose.

 

·        The Council shall have the first right to re-acquire the property at the then open market value should the Purchaser propose to transfer the property in the future.  All subject to an arbitrational provision if required.

 

·        The Council as Highway Authority reserves the right to widen and improve the route of the Military Road over a strip of land up to a depth of 10 metres fronting the highway.

 

·        Each party will be responsible for their own costs.

 

·        Monetary consideration to be the sum of £44,000 (forty four thousand pounds).

 

FINANCIAL/BUDGET IMPLICATIONS

 

11.             Capital receipt from the sale of this property would need to offset against the parting amount which is £815 per annum currently.

 

LEGAL IMPLICATIONS

 

12.             The Council has power to sell this land under Section 123 of the Local Government Act 1972.  The sale has no implications under Human Rights, Crime and Disorder or Race Relations Acts.

 

OPTIONS

 

(i)                 The Council agrees to the terms set out above.

 

(ii)               The Council continues to retain the ownership of the property.

 

EVALUATION/RISK MANAGEMENT

 

13.             Over the years the Council has identified no service need to use or have use of this field.

 

14.             Since the lease began the local community has become involved with the provision of this site as a local amenity.  They have levelled the ground, planted grassland, restored new fencing and undertaken a comprehensive planting programme.

 

15.             The current use of the field through the Association has brought regular events to the area not least the Chale Show, Chale Kite Festival and various horse and pony shows, as well as car boot sales and many other occasional uses.  These have all contributed to the local economy and more widely to the Island’s tourism market.

 

16.             The site also has some useful links for rights of way and walkers and the ongoing management through the Association has contributed to this facility and is linked with the area of outstanding natural beauty as well as the heritage coastline have been well maintained.

 

17.             By working with the Association and with the undertakings given above, the Council will be able to sustain the planning policies designated for the area without the need to retain ownership.

 

RECOMMENDATIONS

 

18.             Option (i).

 

BACKGROUND PAPERS

 

19.             Cabinet decision 30 October 2005.

 

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