Agenda item

(a)  That having carefully considered the written objections submitted and the matters referred to in paragraph 4 of the report the access land be disposed of, in principle to Kelobridge Limited for the following reasons: -

That whilst it is recognised that the access Land is Green Belt and open space it comprises just over 1% of Upton Court Park and it is considered that the general public’s use of the park will not be prejudiced by the disposal.

The car park and the recycling compound which form part of the access land and the trees lost are to be relocated/replaced in accordance with the outline planning permission.

The disposal of the access land will facilitate the residential development of Proposed Site 16 in accordance with and as set out in the local Plan for Slough

The disposal will generate a significant capital receipt which will contribute to the Councils capital programme in the future.

(b) That the disposal be at a consideration which is the best that can reasonably be obtained and that the Strategic Director of Resources, in consultation with the Borough Secretary and Solicitor and the Leader of the Council be authorised to conclude the final terms and conditions and the subsequent disposal to the owners of the Castleview site.

Prior to the debate on this item the Leader ran through the papers that Members of the Cabinet  should have received as a number of supplementary papers had been circulated prior to the meeting and additional letters received in response to the consultation had been tabled at the meeting. 

The Borough Secretary and Solicitor introduced the report and also introduced Michael Burdus, partner of Drivers Jonas.  Members were advised of the background to the proposed disposal of the Land and were advised that they must consider the objections received following publication of the statutory notices advertising the proposed disposal together with the factual, planning, financial and legal position before deciding whether the Access Land should be disposed of in principle and on what terms. 

Mr Richard Sable of the Castleview Residents Association had asked to address the Cabinet and the Leader invited him to do so.  Mr Sable drew attention to the history of the proposed land disposal.  He raised a number of matters in his presentation which included a concern over the amount set aside for compensation payments to those having the benefit of the covenants, the siting and size of the statutory notices, that no letters of support for the proposed disposal had been received, the fact that the Council was under no obligation to sell the Land, Kelobridge’s insolvency and that the proposed sale represented a poor deal for council tax payers.

In summing up Mr Sable urged Members to consider their fiduciary duty and also presented a further 349 signatories to the petition that had been submitted taking the total to 732. 

Following Mr Sable’s presentation, and in answer to a question, the Borough Secretary and Solicitor advised that the statutory notices that the Authority had published had complied with legislation. 

The Leader drew attention to Appendix F which had been circulated in advance of the meeting which contained the officer comments on the objections received to the proposed disposal of Land.  The Leader summarised the three main issues had been raised by objectors:

• Planning matters – the issues raised had been dealt with through the  Planning process.
• People who, in principle, did not wish the land to be sold at any price. The Leader asked for confirmation that there were  not any substantially new matters  raised to those highlighted in February when the Cabinet considered the proposed disposal of the Land.  The Borough Secretary and Solicitor confirmed that no substantially new matters had been raised.
• People who were indicating that the Council was not getting the best consideration with regard to price. 

The Cabinet noted that a sum had been set aside in order to cover claims from any beneficiaries of the covenants and Michael Burdus outlined how this sum had been arrived at. 

Members noted that with regard to financial matters –

o  The legal documentation would ensure that vehicular and  pedestrian access was maintained to the owl sanctuary, the electricity sub-station and the rugby cricket and hockey clubs and that this would apply to the relocated car park and recycling facilities.

Cabinet Members discussed the access to the site.  Officers advised that an alternative access to the site was possible but that Kelobridge had not made any recent application through Castleview Road.  The Leader advised that Members needed to balance the possibility of Kelobridge gaining access through Castleview Road, the best access to the site and the value of the land if alternative access was granted. 

A number of Members were present under Rule 30 and points made included:

·  A concern over the base price payable and how it had been arrived at. Michael Burdus advised how the price had been arrived at.

• A concern that the assessment of compensation was not accurate. Michael Burdus advised how the sum had been arrived at.
• A view that there could be an application for village green status.  Officers advised that any application for village green status would need to be considered on its own merits.
• A view that the papers had not been received in enough time to enable Members to consider them in detail. 

·  A concern that there was a belief that Kelobridge would get access through Castleview Road if the Council did not sell the Land and whether this was reasonable to assume.

·  A concern that the names of the objectors had been “blanked out”.  It was noted that all Cabinet Members had got full copies of the objection letters.

·  An acknowledgement that the Access Land was in the green belt and therefore could not be built upon/developed. 

·  A concern over the financial soundness of Kelobridge.  Michael Burdus and Officers advised that as the base price was payable before the disposal of the Council’s interest the financial position of Kelobridge was of no great concern.

·  A number of concerns with regard to meetings with regard to the proposed sale and the loss of two files during the process.  Michael Burdus advised that the misplaced files had been located and apologised for any inconvenience this had caused but confirmed that the loss of files had not affected the negotiations for the proposed disposal of the Land.

·  A concern that Section 233 had been breached in that the Secretary of State had not been informed of an asset being sold at  less than best consideration.  Officers advised that there was no intention to sell at less than the best price that could reasonably be obtained and that if the authority was to do this it would report to the Secretary of State.

·  Whether compensation would be payable if access was granted through Castleview Road.  Officers advised that no compensation would be payable in this instance because there would be no road over the parkland. 

The Leader asked for and received confirmation from Commissioners that they had read all of the objections that had been circulated both prior to the meeting and at the meeting itself.  It was noted that the Commissioners present had considered the matter in February with the exception of Councillor Matloob.  Commissioners indicated that having considered the written objections that they were satisfied that no additional new issues had been raised over and above those raised in February and that the Land should be sold.  Commissioners unanimously agreed a proposal from the Leader setting out the reasons for the decision as set out below.

Resolved –

(a)  That having carefully considered the written objections submitted and the matters referred to in paragraph 4 of the report the Access Land be disposed of, in principle to Kelobridge Limited for the following reasons: -

That whilst it is recognised that the Access Land is Green Belt and open space it comprises just over 1% of Upton Court Park and it is considered that the general public’s use of the park will not be prejudiced by the disposal.

The car park and the recycling compound which form part of the Access Land and the trees lost are to be relocated/replaced in accordance with the outline planning permission.

The disposal of the Access Land will facilitate the residential development of Proposed Site 16 in accordance with and as set out in the local Plan for Slough.

The disposal will generate a significant capital receipt which will contribute to the Councils capital programme in the future.

(b)  That the disposal be at a consideration which is the best that can reasonably be obtained and that the Strategic Director of Resources, in consultation with the Borough Secretary and Solicitor and the Leader of the Council be authorised to conclude the final terms and conditions and the subsequent disposal to the owners of the Castleview Site.