Issue - meetings

The Interim Head of the Legal Partnership introduced her item regarding a proposed Policy on the Disposal of Property. The Committee noted that this policy had been written and brought to the Committee as a result of several land transfers that had required a two stage process to designate the land surplus and then to authorise the sale. The proposed process simplified this by suggesting that the Heritage, Culture and Leisure Committee could deal with the full process. The Policy had been drafted to ensure that the Policy reflected the Parks and Open Spaces 10 Year Plan.

The Committee discussed the Officer delegation to deal with disposals worth under £100,000, and whether it was appropriate to delegate this function if a disposal was particularly contentious. The Interim Head of the Legal Partnership confirmed that she could amend the Terms of Reference regarding the delegation to add ‘except in circumstances where there has been an objection received to the advertisement’.

RESOLVED:

1)  That the following sentence, under the heading of ‘Open Space’ be removed from the Policy on Disposal of Property:

‘The Council will not usually dispose of areas of parks or other areas which are classed as public open space.’

Voting: For - 14  Against - 1  Abstentions - 0

2)  That the Maidstone Borough Council Policy on Disposal of Property is adopted.

Voting: For - 12  Against - 1  Abstentions – 1

3)  That the following addition to the terms of reference to the Heritage, Culture and Leisure Committee is agreed and recommended to Council:

“To declare Open Space surplus to requirements for the purposes of advertising and disposing of open space under Section 123 of the Local Government Act 1972 or any other similar enactment and to take the final decision on disposal.” (With delegation to the Director of Finance and Business Improvement to deal with all disposals up to the value of £100,000)

Voting: For - 12  Against - 3  Abstentions - 0

4)  That the following amendment to the terms of reference of the Policy and Resources Committee is agreed and recommended to Council:

“To make decisions regarding land and property including acquisition (by agreement or compulsorily), disposal, appropriation and development, with the exception of the declaration of Open Space surplus to requirements for the purposes of advertising and disposing of open space under section 123 of the Local Government Act 1972 or any other similar enactment and the final decision on the disposal of Open Space.”

Voting: For - 12  Against - 2  Abstentions - 1

Councillor Harwood arrived during consideration of this item, but did not replace Councillor English as a member of the Committee until the next item.