Issue - meetings

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED –

1. That the freehold transfers of the land and public conveniences at High Street, Brenchley and the land and public conveniences at Maidstone Road, Matfield be approved.

2. That the key terms of the transfers as detailed in Option 1 of the report, with the other terms of transfer to be agreed under delegated authority of the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development and the Cabinet Member for Finance and Performance be approved. 

3. That the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development, the Head of Legal Services and the Cabinet Member for Finance and Performance be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to complete these transfers be approved.

REASON FOR DECISION: The transfer of the freeholds of both public conveniences to Brenchley and Matfield Parish Council would allow the Parish Council to manage the buildings in their locality and ensure that both facilities remained open and operational.

Councillor Christopher Hall, Cabinet Member for Finance and Performance introduced Max Horgan, Estates Surveyor who presented the report as set out in the agenda. 

RESOLVED –

1. That the freehold transfers of the land and public conveniences at High Street, Brenchley and the land and public conveniences at Maidstone Road, Matfield be approved.

2. That the key terms of the transfers as detailed in Option 1 of the report, with the other terms of transfer to be agreed under delegated authority of the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development and the Cabinet Member for Finance and Performance be approved. 

3. That the Head of Economic Development and Property in consultation with the Director of Finance, Policy and Development, the Head of Legal Services and the Cabinet Member for Finance and Performance be given delegated authority to complete all necessary negotiations, legal processes and legal documentation to complete these transfers be approved.

REASON FOR DECISION: The transfer of the freeholds of both public conveniences to Brenchley and Matfield Parish Council would allow the Parish Council to manage the buildings in their locality and ensure that both facilities remained open and operational.

To consider and provide a recommendation to Cabinet on the proposals set out in the attached report. 

Max Horgan, Estates Surveyor introduced the report set out in the agenda.

Discussion and questions from Members included the following:

-       It was current Council policy to transfer the freehold rather than lease the property. The Council had already transferred 6 public conveniences.

-       Parish Councils had the capacity to take on these properties  and as long as the assets were kept for community use, this policy would continue to be promoted.

-       One of the first public conveniences transferred was in Hawkhurst where the Parish Council subsequently decided to close the facility.  The Parish Council were able to provide facilities elsewhere and the site had now been redeveloped.  The money received from the disposal of the asset was being used in the community.

-       There were examples of when assets had been taken over and then closed.  There was no requirement for Parish Councils to provide public conveniences.

-       Brenchley and Matfield had indicated that they intended to retain the buildings as public conveniences.  However there was the freedom in the future for them to change the use, at which time the Council’s clawback would come into effect.

-       The public conveniences in Pennington Road was listed back in 2013 as a Council asset for disposal.  Southborough Town Council were asked to submit a business case to take on this asset, but the request was declined.  As such Cabinet at the time decided to dispose of the asset via an open auction. 

-       Ultimately it was the decision of the Town or Parish Council as to whether they wanted to take on the asset.

-       Clawback was based on 100% valuation.  As such if the asset was converted for any other use (residential, commercial etc.) that didn’t fit into the Community use bracket, then the Council would clawback 100% of the value. 

RESOLVED – That the recommendations to Cabinet as set out in the report be supported.