Agenda item

B Report of the Interim Head of Economy, Assets and Culture (Copy herewith)

2.1           Cabinet agreed to amend the strategy adopted by Cabinet on 16^th November 2016;

2.2           Cabinet agreed that future transfers to Parish Councils would normally be on a freehold rather than long leasehold basis;

2.3           Cabinet agreed that where assets to be transferred are commercial in nature, a commercial sale price would be appropriate;

2.4           Cabinet agreed that where assets to be transferred are non-commercial in nature, a nominal consideration will be charged;

2.5           Cabinet agreed that all freehold transfers would include appropriate overage provisions;

2.6           Cabinet authorised the advertisement of the proposed disposal of any areas of Public Open Space in a local newspaper for two consecutive weeks in accordance with the procedural requirements of Section 123 (2A) of the Local Government Act 1972, and thereafter for the Cabinet to agree to meet to consider any objections to the proposed disposal which may be made to them before any final decision is taken on the disposal, so that proper consideration is given to the responses that are received.  

2.7           Cabinet delegated to the Head of Economy, Assets and Culture, in consultation with the Cabinet Member for Regeneration and Enterprise, authority to negotiate and agree in principle the terms of any transfer/disposal on a freehold basis in accordance with the parameters of this report and subject to the agreed terms of each proposed transfer/disposal being subsequently approved by Cabinet.

Councillor Hadland, as the relevant Cabinet Member, submitted his report which sought agreement to a refreshed strategy on the transfer of Council owned assets. He explained that under Localism a number of community centres had been transferred and explained that the roles and responsibilities of Parish Councils were increasingly changing.

Mr Huffadine-Smith questioned whether the overage would be enforceable and at a reasonable cost, whether a proposed uplift of 100 percent was considered to be fair and further questioned what would happen to any existing defects or issues not dealt with and who would be responsible under proposed transfers. He further explained that he considered there to have been a lack on consultation with the Parish Councils and noted that whilst he welcomed the recommendations contained within the report, he considered there to be an extensive amount of work to be undertaken and urged the Council to work together with the Parish Councils.

In response, Councillor Eldred explained that he, the Deputy Leader of the Council and the Cabinet member for Environment had been heavily involved with Parish Councils on this topic and urged other Parish Councils to come forward.

Councillor Duffy noted her concerns about the potential inequality between parished and unparished areas. She questioned whether the strategy was aimed at getting rid of assets and asked if there could potentially be a land grab by more affluent parishes. Lastly, she questioned whether it could be perceived as a lack of confidence in the proposed Unitary Authorities.

In response, Councillor Larratt explained that this was a policy matter and there were issues that needed to be taken forward. He explained that Cabinet considered that assets would be best kept in Northampton and managed by Northampton residents. This policy would enable assets to be transferred to a new Town Council, any new Parish Councils, and existing Parish Council. The assets would be protected as much as possible in the hands of the local community. He further explained that this would give more voice and weight to the Parish Councils in a Unitary Authority.

Councillor Eldred explained that Cabinet had confidence in the proposed Unitary Authorities but explained that this was an attempt to bring policy in line with other Councils in West Northampton.

Councillor Hadland explained that a refreshed strategy would increase flexibility and would be easier to decide on costings.

RESOLVED:

2.1           That the strategy adopted by Cabinet on 16^th November 2016 be amended;

2.2           That future transfers to Parish Councils would normally be on a freehold rather than long leasehold basis be agreed;

2.3           That it be agreed that where assets to be transferred be commercial in nature, and a commercial sale price would be appropriate;

2.4           That where assets to be transferred are non-commercial in nature, it was agreed that a nominal consideration will be charged;

2.5           That all freehold transfers would include appropriate overage provisions be agreed;

2.6           That the advertisement of the proposed disposal of any areas of Public Open Space in a local newspaper be authorised for two consecutive weeks in accordance with the procedural requirements of Section 123 (2A) of the Local Government Act 1972, and thereafter for the Cabinet to agree to meet to consider any objections to the proposed disposal which may be made to them before any final decision is taken on the disposal, so that proper consideration is given to the responses that are received.  

2.7           That authority be delegated to the Head of Economy, Assets and Culture, in consultation with the Cabinet Member for Regeneration and Enterprise, to negotiate and agree in principle the terms of any transfer/disposal on a freehold basis in accordance with the parameters of this report and subject to the agreed terms of each proposed transfer/disposal being subsequently approved by Cabinet.