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ITEM EX12 - ANNEX 2

EXECUTIVE – 12 NOVEMBER 2002

PROCEDURES FOR THE ACQUISITION AND DISPOSAL OF PROPERTY

Proposed Powers and Functions of Director of Environmental Services in relation to Property

1. Subject to consultation with the appropriate Director, carrying out all building, landscaping and other associated works required by the Council in respect of properties held by them.
2. The appointment where appropriate of consultants in respect of property matters.
3. The purchase of freehold interests in land and the acquisition of lesser interests, including leases, licences and tenancies, where required for any function of the Council.
4. All such action as may be appropriate for the management, maintenance and protection of the Council's property, including the granting of leases, licences and other interests in land.
5. Following consultation with all other Directors and with the relevant local member(s), the declaration of land to be temporarily or permanently surplus to the requirements of the Council, subject to the agreement of the Executive Member(s) whose responsibility includes the function for the purpose of which the land is held and, if different, of the Leader of the Council.
6. The disposal of any interest in land declared to be temporarily or permanently surplus to the requirements of the Council on such terms as he/she considers to be the best available, provided that:

1. except with the express agreement of the Leader and Deputy Leader of the Council, or if otherwise required by any statutory provision or specifically ordered by the Council, no property estimated to exceed £25,000 in value shall be sold or otherwise disposed of except by public auction, sealed bid or by tender after public advertisement;
2. where the circumstances of a disposal are consistent with the application of the Crichel Down Rules those Rules shall be observed unless the land becomes surplus and available for disposal more than 25 years after the date of acquisition, or where the identity of the previous owner is not readily identifiable.
7. Making applications for planning permission and any other licences or consents which may be as appropriate for the proper management of the Council’s property interests (including the disposal of property surplus to the requirements of the Council), including the submission of any appeal to the appropriate person or body in respect of a refusal of such permission, licence or consent,
8. In consultation with the Solicitor to the Council, the negotiation and settlement of planning obligations when these are required as a pre-condition to the grant of planning permission for land owned and being disposed of by the County Council, save in any case where the requirement for such planning obligation raises an issue of policy.

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