Meeting documents

SSDC District Executive
Thursday, 7th August, 2014 9.30 am

  • Meeting of District Executive, Thursday 7th August 2014 9.30 am (Item 27.)

Decision:

RESOLVED:

That the District Executive approved:-

 

1.

the freehold transfer of the former Winsham Band Hut and neighbouring allotment site at Bakersfield, Winsham to the Parish Council for £1 such transfer to include an overage clause that should planning permission be granted for (i) commercial or business use (ii) residential housing or residential occupation (iii) use as an access to adjoining land (iv) any other use other than public recreation/allotments/community hall then the Parish Council could serve notice on SSDC requiring SSDC to allow such use to take place upon payment to SSDC of a sum equivalent to 50% of the increase in value of the land resulting from the grant of planning permission;

 

2.

that the freehold transfer includes the following restrictions of use namely that the land is not to be used for:- Any commercial or business use; use for residential housing or occupation of any description; use as an access with or without vehicles to any adjoining land other than for access solely and exclusively in connection with the use and maintenance of that adjoining land for public recreation purposes and in any event any use other than for public recreation and/or public allotments and/or as community hall and/or for some other Community Use Provided Always that the use of the land or any part thereof for community and public events and activities of whatever description that generates any income or profit for Winsham Parish Council shall be deemed not to be a breach of this covenant provided that the number of days the land or any part thereof is used for such events and activities does not exceed 28 in any 12 month period (without the prior written consent of SSDC);

 

3.

that SSDC cover all reasonable legal costs incurred by Winsham Parish Council up to £2,000;

 

4.

that the final details of the contract be delegated to the Solicitor to the Council in consultation with the Portfolio Holder and Ward Member and reported back to the District Executive.

Reason:

To clarify the conditions to be put in place as part of the agreement to the transfer of the former Winsham Band Hut and neighbouring allotment site to Winsham Parish Council at less than best consideration.

 

Minutes:

Mr J Chance of Winsham Parish Council, with the assistance of powerpoint slides, advised that the band hut at the site had deteriorated to the extent that it must be demolished (at an estimated cost of £8,000) and although 4 allotments were in good order, it would cost £3,000 to clear and make good the remaining 3.  He said that following the District Council’s decision to sell the site to the Parish Council in July 2012, the District Council’s Solicitor had placed restrictive clauses relating to business on the site and access across it in the agreement which the Parish Council could not agree to. 

Mr C Earl also addressed the Committee, saying the transfer of the land was in line with Localism, it was being transferred to a Parish Council who intended it for community use and that the Parish Council were not opposed to overage clauses in the agreement but the adjacent playing field already had severe restrictions placed on it.

Mr N Mode addressed the Committee, saying that given the state of the site, it would not be good for it to be taken on unfettered.

The Portfolio Holder for Finance and Spatial Planning regretted that the issue had not been referred back to the Executive earlier and he invited the Assistant Director (Legal and Corporate Services) to explain the District Council’s position.

The Assistant Director (Legal and Corporate Services) advised that the prohibited use was that of commercial business use, however, if at any time in the future, the Parish Council successfully applied for planning permission to convert to a business use, then the overage clause would be triggered and 50% of the uplifted value of the land would be due to the District Council.  The restriction on the number of days per year which income generating events could be held on the site was limited to 28 per year but this could be increased by agreement.  There was no restriction of access across the site to the adjacent playing field but there was a restriction of access to an adjacent development. 

During a lengthy discussion Members expressed concern that the Parish Council could refuse to purchase the site with the overage clauses attached to it whilst others felt the overage clauses for any future uplift in value were necessary to protect the District Council and to satisfy any future audit of the agreement. 

It was proposed that SSDC should assist the Parish Council with their legal fees up to a limit of £2,000 and this was agreed by Members. 

Following a short adjournment of the meeting, the Chairman advised that further negotiation with the Parish Council on the overage clauses within the transfer agreement were required and he proposed that the final details of the contract be delegated to the Solicitor to the Council in consultation with the Portfolio Holder and Ward Member and reported back to the District Executive. 

This proposal was seconded and on being put to the vote, was carried (voting: 7 in favour, 0 against, 1 abstention)

RESOLVED:

That the District Executive approved:-

 

1.

the freehold transfer of the former Winsham Band Hut and neighbouring allotment site at Bakersfield, Winsham to the Parish Council for £1 such transfer to include an overage clause that should planning permission be granted for (i) commercial or business use (ii) residential housing or residential occupation (iii) use as an access to adjoining land (iv) any other use other than public recreation/allotments/community hall then the Parish Council could serve notice on SSDC requiring SSDC to allow such use to take place upon payment to SSDC of a sum equivalent to 50% of the increase in value of the land resulting from the grant of planning permission;

 

2.

that the freehold transfer includes the following restrictions of use namely that the land is not to be used for:- Any commercial or business use; use for residential housing or occupation of any description; use as an access with or without vehicles to any adjoining land other than for access solely and exclusively in connection with the use and maintenance of that adjoining land for public recreation purposes and in any event any use other than for public recreation and/or public allotments and/or as community hall and/or for some other Community Use Provided Always that the use of the land or any part thereof for community and public events and activities of whatever description that generates any income or profit for Winsham Parish Council shall be deemed not to be a breach of this covenant provided that the number of days the land or any part thereof is used for such events and activities does not exceed 28 in any 12 month period (without the prior written consent of SSDC);

 

3.

that SSDC cover all reasonable legal costs incurred by Winsham Parish Council up to £2,000;

 

4.

that the final details of the contract be delegated to the Solicitor to the Council in consultation with the Portfolio Holder and Ward Member and reported back to the District Executive.

Reason:

Toclarify the conditions to be put in place as part of the agreement to the transfer of the former Winsham Band Hut and neighbouring allotment site to Winsham Parish Council at less than best consideration.

(voting: 7 in favour, 0 against, 1 abstention)

Supporting documents: