Agenda item

12.1

The Executive Director, Place submitted a report seeking Cabinet approval to the disposal of land adjoining May House Farm.

12.2

RESOLVED: That Cabinet acting as Charity trustees in accordance with the powers given to the Council as Trustee under the provisions contained in the Trusts of Land and Appointment of Trustees Act 1996:-

(a)

declares the land adjoining New May House Farm as surplus to the Charity’s requirements;

(b)

approves the disposal by long lease of land adjoining New May House Farm in accordance with terms of the report and a Surveyor’s Report obtained in compliance with Section 119 (1) Charities Act 2011, subject to the receipt obtained from the sale being applied in accordance with the objects of the Charity; and

(c)

authorises the Director of Capital and Major Projects to instruct the Director of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to conclude the disposal and to serve any notices required in connection with the disposal.

12.3

Reasons for Decision

12.3.1

The sale of the land will benefit the Charity and local community by:-

·         Removing a maintenance liability.

·         Generating a capital receipt to be reinvested in the maintenance of the City Hall Gardens and other charitable purposes in the City of Sheffield.

·         Achieving a premium that reflects the additional value of the site to the purchaser whilst preserving the use of the land, as a garden extension, for the terms of the lease.

12.4

Alternatives Considered and Rejected

12.4.1

Should Cabinet not approve the disposal this would result in the loss of a capital receipt to the charity and the retention of maintenance liability.

12.4.2

The land could be advertised on the open market. However, given the nature of the available access to the land and its configuration which directly separates it from the adjoining agricultural land, it is considered that the proposed purchaser is the only party who could benefit from using the land. The land is of no agricultural value, and consequently it is considered that there is no advantage in advertising the proposed disposal on the open market via the local or wider press.

(Note. As this was a decision by the Cabinet acting as Charity Trustees this was not a decision subject to call-in).