Corporate Services Cabinet Member – Minutes – 23 December 2010
The following item contains exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 (as amended).
432 (59) ACQUISITION OF PROPERTIES OWNED BY NORTH LINCOLNSHIRE HOMES (NLH) WITHIN THE ADVANCE CROSBY AREA – The Service Director Neighbourhood and Environment submitted a report seeking approval to waive the disposal clawback on three properties owned by North Lincolnshire Homes within the Advance Crosby area.
The aim of Advance Crosby was the creation of an area that was thriving and a community that was caring and confident, both of which were shared ambitions of the council and its partners, but to do this the project had to acquire properties and undertake selective demolition. So far 39 properties along West Street had been acquired and demolished in a phased approach and the same action was now being taken in relation to Gurnell Street. This would create a critical mass of cleared sites to allow negotiations to commence with interested developers.
There were three properties located on Gurnell Street, which were owned by NLH. NLH had confirmed that major work was completed on them to bring them up to the decent homes standard some 12 months. To assist Advance Crosby two of the properties were now empty and, whilst a third was still occupied, alternative accommodation was currently being sought for the tenant.
NLH was a registered charity and therefore by virtue of Section 36 of the Charities Act 1993 there was a requirement for NLH to obtain and consider a written report from a qualified surveyor, and be satisfied that the proposal was the best that could be reasonably obtained for the charity. These requirements restricted its ability to negotiate, particularly since it had no desire to sell these properties until approached about Advance Crosby.
NLH was seeking agreement that the disposal be classed as an exempt disposal for the purposes of the Transfer Document. If compulsory purchase proceedings had to be commenced in the absence of agreement, the exempt disposal agreement would automatically apply. Schedule 15 of the stock transfer agreement between the Council and North Lincolnshire Homes contained the disposal clawback agreement
Resolved – (a) That the acquisition of three properties, owned by North Lincolnshire Home, and for them to be treated as Exempt Disposals in accordance with the provisions of Schedule 15 of the stock transfer agreement be approved.
Where there is no report this is because it is exempt, as it contains information which is considered to be of a confidential nature, as detailed in the Local Government (Access to Information) Act.