Proposed decision: TheDeputy Leader and Cabinet Member for Finance, Corporate and Traded Services to agree to:
1. the disposal of surplus land at Broomhill Bank School (North), Puddledock Lane & Rowhill Road, Hextable BR8 7RP; and
2. delegate authority to The Director of Infrastructure, in consultation with the Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services, 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 Constitution.
Background
The land comprises two sites labelled 2 and 3 and outlined in Blue on the site plan.
Site 2 – known as the Garage site, extends to approximately 0.37ha and comprises redundant garages, workshop buildings, hardstanding and former hard and soft play areas for the adjacent school.
Site 3 – known as the former Playing Field site, extends to approximately 0.92ha and comprises redundant former playing fields. Part (a) (0.14ha) is leased to Hextable Parish Council for use as a Memorial Garden and part (b) (0.78ha) is vacant.
Both sites were declared surplus to requirements in May 2021 as they are no longer required for operational purposes.
It is expected that the level of net sales receipts to KCC will be over the £1m delegated threshold and will therefore require a Key Decision.
Options (other options considered but discarded)
Other options that were considered were to:
- 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 as the disposal will release surplus (part brownfield) land, providing a redevelopment opportunity and help towards the County’s housing targets.
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.
Financial Implications
The sale of the property will result in a capital receipt which will be reinvested back into the Council’s Capital Programme.
The disposal of the property will remove management liabilities associated with holding a vacant site and therefore ease pressure on revenue budgets.
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
An Equalities Impact Assessments (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 the marketing/conveyancing of the site Data Protection regulations will be observed.
A Data Protection Implication Assessment (DPIA) screening has confirmed that there are no DPIA implications and that a further DPIA assessment is not required in respect of this decision.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 19/02/2025
Decision due: Not before 20th Mar 2025 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Lead director: Rebecca Spore
Department: Strategic & Corporate Services
Contact: Mark Cheverton, Property Strategy and Policy Manager Email: mark.cheverton@kent.gov.uk.
Consultees
This decision was considered and endorsed by the Policy and Resources Cabinet Committee on 5th March
Financial implications: The sale of the property will result in a capital receipt which will be reinvested back into the Council’s Capital Programme. The disposal of the property will remove management liabilities associated with holding a vacant site and therefore ease pressure on revenue budgets.
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 Assessments (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 the marketing/conveyancing of the site Data Protection regulations will be observed. A Data Protection Implication Assessment (DPIA) screening has confirmed that there are no DPIA implications and that a further DPIA assessment is not required in respect of this decision.