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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 05/09/2006
PROPOSED LEASE OF SUNNYHILL PLAY AREA TO WITLEY PARISH COUNCIL



Summary & Purpose
This report follows on from the report to the Executive on 10th January 2006. It proposes that the transfer of the above property to Witley Parish Council be in the form of a long lease.

APPENDIX K
Waverley Borough Council

EXECUTIVE – 5TH September 2006

Title:
PROPOSED LEASE OF SUNNYHILL PLAY AREA TO WITLEY PARISH COUNCIL
[Ward Affected: Milford]

Note pursuant to Section 100B(5) of the Local Government Act 1972

An annexe to this report contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in Paragraph 3 of the revised Part I of Schedule 12A to the Local Government Act 1972, namely:-

Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Summary and purpose:

This report follows on from the report to the Executive on 10th January 2006. It proposes that the transfer of the above property to Witley Parish Council be in the form of a long lease.

Environmental implications:

The better management of the recreation ground could improve the removal of dog faeces and accrued silt and sand residue, and control the growth of weeds.

Social / community implications:

Well-managed play areas and open spaces provide the opportunity for play, exercise and a meeting point, potentially reducing crime and disorder.

E-Government implications:

There are no e-government implications arising from this report.

Resource and legal implications:

There will be a need for the Parish Council to instruct solicitors to bring the transfer into effect, the cost of which will be borne by Waverley.

There will be small revenue savings resulting from stopping the on-going management of the area. There will be small legal costs associated with the transfer, which can be contained in approved budgets. This will include Witley Parish Council’s reasonable costs.
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Background

1. Following the previous report to the Executive in January 2006, when it was agreed that the play area be transferred to Witley Parish Council, a valuation was undertaken of the land at Sunnyhill. There is the possibility that the land could be used for development purposes, thereby giving it a value as set out in the (Exempt) Annexe to this report.

Current Situation

2. Given that Waverley’s land ownership around this site is gradually being eroded, it is unlikely that a restrictive covenant placed on the land to restrict development under the terms of a transfer would remain effective for the long term. As Waverley’s purpose in transferring the land, identified on the plan at Annexe 1, and Witley Parish’s purpose in receiving it, is to keep this area as play facilities for the neighbourhood, it is proposed that the consideration be as close to a nil value as possible. In order to protect Waverley’s interests with regard to a restriction on development, it is suggested that the best means of achieving what both Councils wish is to grant Witley Parish Council a long lease of the land, subject to conditions requiring its use and maintenance as a play area, at a peppercorn rent. The proposed terms and conditions are set out in the Exempt Annexe.

Recommendation

It is recommended that Waverley grants Witley Parish Council a long lease of the area shown outlined on the plan at Annexe 1, on terms and conditions set out in the (Exempt) Annexe, other terms and conditions being negotiated by the Property and Development Manager.
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Background Papers (DoPD)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.
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CONTACT OFFICER:

Name: Ailsa Rhodes Telephone: 01483 523459

E-mail: arhodes@waverley.gov.uk

Comms/exec/2006-07/116

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