Agenda and draft minutes

Delegated Executive Decisions
Thursday, 12 September 2019 10.30 a.m.

Venue: Not Applicable

Contact: Una Bell 

Items
No. Item

DEX/3

Asset of Community Value pdf icon PDF 239 KB

To consider a nomination to list the plot of land named Little Fell, Water Yeat, Ulverston, as an asset of community value.

Additional documents:

Minutes:

(Chief Executive)

 

Summary

 

Consideration was given to a nomination from Blawith and Subberthwaite Parish Council to list a plot of land named Little Fell, Water Yeat, Ulverston as an Asset of Community Value.

 

The nomination had described Little Fell as being overgrown, but had provided no evidence of the main and non-ancillary current use of the land. The nomination stated that the community gained pleasure from use of the site which would be lost along with the ecological habitat, if the site were to be lost. Despite the wishes of the community to protect the land by registering it, there was little detail or evidence provided within the nomination about the proposed timescale, funding or deliverability. As a result, and in accordance with legislation, there was insufficient evidence to prove that the current use of the asset furthered social well-being and, due to a lack of detail on the future plans for the site, it was felt that the nominated asset should be added to the list of unsuccessful nominations.

 

Decision

 

That the plot of land named Little Fell, Water Yeat, Ulverston, LA12 8DJ, be entered onto South Lakeland District Council’s list of unsuccessful nominations of Assets of Community Value.

 

Reasons for Decision

 

To meet legislative requirements.

 

Alternative Options Considered and Rejected

 

Listing the land as an asset of community value. However is likely that it could be proven on appeal that the listing would be contrary to the requirements of the legislation.

DEX/4

Press and Public

Minutes:

RESOLVED - That, under Section 100(A)(4) of the Local Government Act 1972, the press and publicbe excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the paragraphs indicated.

 

DEX/5

Disposal of Council Land adjacent to Duke of Cumberland Pub, Kendal

To consider disposal of Council land adjacent to the Duke of Cumberland Pub, Kendal.

Minutes:

(Chief Executive)

 

Summary

 

Consideration was given to the proposal to dispose of Council Land adjacent to the Duke of Cumberland Public House, Kendal.

 

Decision 

 

(1)        To dispose of the land for the negotiated price with the Council’s standard clawback provision.

 

(2)        The Director of Customer and Commercial Services be delegated authority to agree all other disposal terms.

 

Reasons for Decision

 

To achieve the market value for the land and in line with established local authority policy.

 

Alternative options considered and rejected

 

To retain the land and continue to receive rent based on current terms.

DEX/6

Application to modify a restrictive covenant on land at 1 Friars Garth, Cartmel

To consider the modification of a restrictive covenant.

Minutes:

(Chief Executive)

 

Summary

 

Consideration was given to the application to modify a restrictive covenant on land at 1 Friars Garth, Cartmel.

 

Decision

 

Authorisation be given for the modification of a restrictive covenant thereby allowing a new property to be provided, on land previously owned by the Council at 1 Friars Garth, Cartmel, and being made available at a permanent discount for ‘approved persons’ with a ‘local connection’.

 

Reasons for Decision

 

The decision links to the Council Plan priorities, as follows:-

 

(1)        Creating balanced communities and delivering affordable homes to meet needs with:-

·         New affordable homes to rent;

·         New elderly care provision;

·         A range of housing to attract and retain young people;

·         New delivery models including a loans scheme; and

·         Support for Community Housing and self-build.

 

(2)        Encouraging a sustainable environment and inclusive economy, we will build resilience by ensuring that new development is sustainable, energy efficient and flood resilient.

 

Alternative options considered and rejected

 

(1)        To lift the covenants unconditionally. This would not be in accordance with the statutory requirement to obtain best consideration in land transactions;

 

(2)        To take cash instead of permanent price reductions. This would not achieve affordable housing; and

 

(3)        To attempt to impose more stringent conditions which may not be considered reasonable in the event of an appeal.