Proposed decision:
The Deputy Leader to agree to:
1. the disposal of Land at the junction of West Malling Bypass and land South of the London Road, Leybourne; and
2. to delegate authority to the Director of Infrastructure, in consultation with the Deputy Leader, to finalise the terms of the disposal and execution of all necessary or desirable documentation required to implement the above.
Reason for the decision
The property is surplus to the Council’s operational requirements and due to its projected value, a Key Decision will be required as per Kent County Council’s (KCC) constitution.
Background
The property which extends to approximately 4 hectares is undeveloped and previously held by KCC’s Growth Environment & Transport division (GET), for a new road scheme and was declared as surplus highway land in December 2022. There are no other KCC uses for the site that have been identified, and the site is therefore surplus to the Council’s requirements.
The Council intends to market the site, and advice from agents indicates that it is expected that the level of net sales receipts to KCC will be in excess of the delegated threshold and that a Key Decision is required.
A decision is therefore sought to authorise the disposal of the site and to delegate authority to the Director of Infrastructure to finalise the terms subject to consultation with the relevant Cabinet Member.
Options (other options considered but discarded)
- Reuse the site
- Continue to hold the site vacant in case of a future requirement.
- Disposal of the asset. This is the recommended option.
How the proposed decision supports the Framing Kent's Future - Our Council Strategy 2022-2026
This decision supports Framing Kent’s Future 2022-2026 as the disposal will release land for development.
How the proposed decision supports Securing Kent’s Future 2022 -2026: Securing Kents Future - Budget Recovery Strategy
This decision supports Securing Kent’s Future 2022-2026 by securing a capital receipt to invest in KCC’s priority projects and programmes whilst also streamlining KCC’s property portfolio, achieving financial and efficiency benefits.
Decision type: Key
Decision status: Recommendations Approved
Notice of proposed decision first published: 12/08/2025
Anticipated restriction: Part exempt - View reasons
Decision due: Not before 10th Sep 2025 by Deputy Leader of the Council
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Deputy Leader of the Council
Lead director: Rebecca Spore
Department: Strategic & Corporate Services
Contact: Mark Cheverton, Head of Real Estate Services Email: mark.cheverton@kent.gov.uk.
Consultees
This proposed decision was discussed and endorsed at Policy and Resources Cabinet Committee on 10th September 2025
Financial implications: The sale of the property will result in a capital receipt which will be reinvested back into the Council’s Capital Programme. There are currently no holding costs associated other than KCC administration and insurance with a small income currently received from the current tenant. The disposal of the site will remove management costs and liabilities associated with holding this site.
Legal implications: The Council has an overarching duty under Section 123 of the Local Government Act 1972 to secure not less than best consideration in respect of property disposals. It also has a fiduciary duty to the residents of Kent. Disposing of the site will reduce risk of claims from the public, and reduce management risk, responsibility and liability. External legal advisors will be appointed in consultation with General Counsel.
Equalities implications: Equalities implications An Equalities Impact Assessment (EqIA) has been undertaken and identified no direct equalities implications arising from the disposal of the site. Data Protection implications As part of this approval process and in the handling of marketing/conveyancing of the site Data Protection regulations will be observed. The property is empty, and no data or records are stored on site. A Data Protection Implication Assessment (DPIA) screener has confirmed that there are no DPIA implications and that a further DPIA assessment is not required in respect of this decision.