Issue - meetings

To report to Cabinet a motion submitted at the meeting of the Council held on 24 November 2020.

RESOLVED that –

(a)       Cabinet thanks Councillor Placey for taking the time to explain her motion to Cabinet;

(b)       Officers continue with the process of assessing all unused land owned by the Council with a view to suitability for building council homes or sale as part of the process of asset management. Clearly a number of factors must be taken into account when making decisions in respect of each site, for example, whether there is a demand for council homes in that area and whether the site is suitable for such a use. In some cases disposal of the land may be a better option when everything is taken into account; and

(c)       a report, considering the options suggested in the motion, be presented at the Cabinet meeting scheduled for February 2021 with a view to presenting the outcome of Cabinet’s review to Full Council in March 2021.

Members recalled that, at the meeting of the Council held on 24 November 2020, the following motion had been moved by Councillor Placey and seconded by Councillor Allen and, in accordance with Council Procedure Rule 12.4, had stood referred to the Cabinet for further consideration:

“(a) That this Council acknowledges that its recently adopted Housing Strategy now gives a different context to the Portfolio Holder decisions in January 2019 to dispose of three pieces of Council owned land at Crome Road, Clacton-on-Sea; Dover Road, Brightlingsea; and Hilton Close, Manningtree and to seek planning permission for housing developments on those sites in order to maximise the income from such disposals; and

(b)   That this Council now considers those sites to be suitable for building council houses especially as two of them already have planning permission.”

Cabinet was informed that none of three sites referred to in Councillor Placey’s motion had yet been disposed of and no formal decision had been made in relation to any disposal. All of the sites were owned within the Council’s General Fund and were currently used as small pieces of open space.

Members were advised that, in coming to decisions in relation to the management of assets, the Council must act in accordance with its statutory duties and responsibilities. Under case law following Section 120 of Local Government Act 1972, the Council was obliged to ensure that the management of its assets were for the benefit of the District. 

In addition, Section 123(1) of the Local Government Act 1972 indicated that, a local authority could dispose of land held by it in any way it wished so long as (in accordance with section 123 (2)) the land was disposed for a consideration not less than the best that could reasonably be obtained. 

Furthermore, the General Disposal Consent Order (England) 2003 gave consent for disposal at below the best consideration reasonably obtainable provided that the under value was less than £2m and the proposal enhanced the environmental, economic or social well-being of the area.

Section 123(2A) Local Government Act 1972 indicated that, a local authority could not dispose of land held by it without advertising its intention to do so in the local press.

Similarly, where land could be owned within the Housing Revenue Account (HRA), Section 32 of the Housing Act 1985 together with the General Housing Consent 2013 gave the Council a discretionary power to dispose of land held under Part II of the Housing Act 1985 that had not been developed.

Planning Applications/Permissions

Cabinet was made aware that outline planning permission had been granted for residential development at Crome Road, Clacton-on-Sea and Dover Road, Brightlingsea. An application was in preparation for development at Hilton Close, Manningtree. In each case indicative work had indicated potential for one dwelling, (and possibly two at Crome Road), at each of the sites.

Council Strategies

Cabinet was reminded that the Council’s adopted Housing Strategy identified the potential to construct additional housing within the HRA as part of  ...  view the full minutes text for item 97