Agenda, decisions and minutes

There were no apologies for absence.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Councillor K Edwards declared a non pecuniary interest in agenda item 4 (Bollington Town Hall Complex) by virtue of being a Bollington Town Councillor; and in agenda item 5 (Water Street School) by virtue of being a Bollington Town Council representative on the Bollington Initiative Trust.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relating to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

No members of the public were present.

To consider the transfer of the freehold of this complex to Bollington Town Council.

That approval be given to transfer the freehold of the Bollington Town Hall Complex, 34 Wellington Road, Bollington, Macclesfield, Cheshire, SK10 5JR  to Bollington Town Council for a nominal value on the terms stated, with other terms to be agreed by the Property Portfolio Manager.

Councillor K Edwards had declared a non pecuniary interest in this item.

On 5^th September 2011 it was decided by the Cabinet that a number of properties should be transferred to the Town or Parish Council for the area in which the properties are located as a second phase of the Local Service Delivery -Transfer and Devolutions to Town and Parish Councils process.

Bollington Town Hall is transferring to Bollington Town Council, in line with Cabinet approval, for a nominal value and the Town Council will be wholly responsible for the service and asset save insofar as the Council has residual legal responsibilities under contracts or legislative provisions.

At the meeting the following additional sentence was added to paragraph 3.4: - 

'In the event of there being any further movement and settlement within the area (only) in which the Council has recently undertaken the drainage works described above then the Council will undertake such drainage works to remedy it until the expiration of 15 years from the date of the transfer.

An additional paragraph was also added at 3.6 as follows: -

3.6  The transfers meet the objectives of Localism.

RESOLVED

That approval be given to transfer the freehold of the Bollington Town Hall Complex, 34 Wellington Road, Bollington, Macclesfield, Cheshire, SK10 5JR  to Bollington Town Council for a nominal value on the terms stated, with other terms to be agreed by the Property Portfolio Manager.

To consider the transfer of the land at buildings of the former School to Bollington Trust Initiative.

1.    That approval be given to transfer the revised land area, as per the plan attached to the report, pursuant to the Cabinet Decision dated 7^th May 2013.

2.    That delegated authority be given to the Director of Economic Growth and Prosperity, the Interim Monitoring Officer and the Head of Legal Services to finalise the details of the proposed freehold transfer and long lease assignment of the property to Bollington Initiative Trust.

3.    That the land marked yellow be declared surplus to Council requirements and placed on the open market for disposal, and that delegated authority be given to the Director of Economic Growth and Prosperity, to the Interim Monitoring Officer and the Head of Legal Services, to finalise the details of the proposed sale following appropriate marketing and negotiation and any statutory declarations/statements of truth as may be required to regularise title and transfer the yellow land.

Councillor K Edwards had declared a non pecuniary interest in this item.

Further approval was sought to the transfer of the land and buildings at the former Water Street School, Bollington to the Bollington Initiative Trust (BIT) on the revised terms outlined in the report.  

The revised offer from BIT was in the light of their decision to exclude all of the land coloured yellow on the plan attached to the report due to the potential extent of the liability for repair and maintenance in relation to the retaining wall at the rear of the land coloured yellow. 

The revised transfer area will leave the Council with the ongoing liability for the repair and maintenance of the retaining wall but will absolve the Council of the ongoing maintenance of the former school building and car park.  It will protect the building for community uses as per the Cabinet decision on 7 May 2013.

RESOLVED

1.    That approval be given to transfer the revised land area, as per the plan attached to the report, pursuant to the Cabinet Decision dated 7^th May 2013.

2.    That delegated authority be given to the Director of Economic Growth and Prosperity, the Interim Monitoring Officer and the Head of Legal Services to finalise the details of the proposed freehold transfer and long lease assignment of the property to Bollington Initiative Trust.

3.    That the land marked yellow be declared surplus to Council requirements and placed on the open market for disposal, and that delegated authority be given to the Director of Economic Growth and Prosperity, to the Interim Monitoring Officer and the Head of Legal Services, to finalise the details of the proposed sale following appropriate marketing and negotiation and any statutory declarations/statements of truth as may be required to regularise title and transfer the yellow land.

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

PART 2 – MATTERS TO BE CONSIDERED WITHOUT THE PUBLIC AND PRESS PRESENT

RESOLVED

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

To consider the sale of this property.

That approval be given to the sale of Manor Way Elderly Persons Homes by way of a lease for a term 999 years at a premium subject to a covenant prohibiting any use under classes C2, C2A, C3(c ) and/or C4 on terms and conditions to be determined by the Property Portfolio Managerand Borough Solicitor. 

Consideration was given to the report of the Property Services Manager.

RESOLVED

That approval be given to the sale of Manor Way Elderly Persons Home by way of a lease for a term 999 years at a premium subject to a covenant prohibiting any use under classes C2, C2A, C3(c ) and/or C4 on terms and conditions to be determined by the Property Portfolio Managerand Borough Solicitor.