Proposed Scheme of Delegation for Land and Property Acquisition, Disposal and Management

Proposed Scheme of Delegation for Land and Property Acquisition, Disposal and Management

APPENDIX B1

Scheme of delegation for land and property acquisition, disposal and management

Approved by Cabinet 16th July 2009

Council

Council approval required for terms of land and property acquisition and disposal which exceeds Cabinets delegated authority of £500,000, or where the terms are outside of the Acquisition and Disposal policy, unless specific delegated authority has been approved.

Cabinet

Limit of the Cabinet’s authority to approve the terms of land and property acquisition and disposal to be up to £500,000(unrestricted value) for all land and property.

In accordance with the Acquisition and Disposal policy.

Portfolio Holder for Corporate Resources

Limit of Portfolio Holder’s authority to approve the terms of land and property acquisition and disposal to be up to £250,000 (unrestricted value) in consultation with the Property Services Manager.

With the exception of joint development proposals, compulsory purchaseand acquisitions for investment purposes which will be reported to Cabinet/ Council,as necessary, for approval.

In accordance with the Acquisition and Disposal policy.

Property Services Manager and Solicitor to the Council

Limits of the Solicitor to the Council and the Property Services Manager delegated authority to agree the terms of an acquisition or disposal of land and property to be up to £50,000 (unrestricted value)for any single transaction or amount per annum. Terms to be agreed in consultation with either Property Services Manager and Solicitor to the Council (dependant on whom is taking the final decision), the Portfolio Holder for Corporate Resources, relevant Ward Member(s) and relevant Service Manager(s), and where the land or property is for the purpose of or has been identified as having affordable housing potential consultation to include Community Health and Housing Manager and the Portfolio Holder for Corporate Planning.

With the exception of joint development proposals, compulsory purchase and acquisitions for investment purposes which will be reported to Cabinet/ Council, as necessary, for approval.

Consultation period to allow5 working days for any such response. Where the subject of the consultation is of an unusual or contentious nature a response must be obtained from the Portfolio Holder for Corporate Resources.

Authority includes the to approval of all transactions relating to the Council’s properties, such as;

  • new leases granted or entered into by the Council;
  • determination of applications for the Council’s consent as landlord, required under leasehold covenants, including assignments, sub-letting, alterations/improvements and change of use
  • rent reviews
  • lease terminations (including surrenders)
  • lease renewals
  • institution of proceedings for breach of any leasehold covenant (including recovery of rent arrears and forfeiture) and enforcement of any resultant Court Order or Warrants for Possession. A response must be obtained to the consultation of the Portfolio Holder for Corporate Resources for this issue.
  • licences regulating the use or occupation of Council property.
  • Permanent and non-permanent grant of rights (including easements and wayleaves/ transient rights)
  • Other minor transactions, including the release or variance of covenants imposed or consents required by covenants when the Council sells land or property (including applications for the sale of former Council houses in the AONB).

Such approval (where appropriate) is to be on terms recommended by the District Valuer or an independent valuer.

In accordance with the Acquisition and Disposal policy.

Specific delegation approved by Full Council 21stJuly 2009.

For the purpose of investment in commercial property the following delegation was approved.

  • an allocation of up to £5m be approved to the Capital Programme to enable the Council to invest in commercial property;
  • the Cabinet, in consultation with the Treasury Management Panel, the Asset Management Group, the Chairman of the Overview and Scrutiny Committee and the Leaders of the other two political groups on the Council, be authorised to approve investments in commercial property at up to £3m per transaction;
  • the Chief Executive, in consultation with the Treasury Management Panel and the Asset Management Group, be authorised to make an offer/enter into negotiations on behalf of the Council for the purchase of suitable commercial property, the completion of any such offer being subject to ratification by the Cabinet;
  • the Portfolio Holder for Corporate Resources, in consultation with the other Members of the Asset Management Group, be authorised to approve the appointment of advisers to assist the Council in its investment transactions.
Top View