Decision details

Land Transfers between Somer Community Housing Trust and Bath and North East Somerset Council

Decision Maker: Cabinet Single-Member Decision

Decision status: Implemented

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

Decision on the transfer of freehold reversions of sixteen play area sites to Somer CHT (subject to appropriate terms) and the acceptance of a surrender of the existing lease in relation to three sites subject to terms and agreement of a commuted sum for maintenance

Decision:

The Cabinet Member agrees to:

(1) The transfer of freehold reversions to 16 of the sites to Somer subject to appropriate terms;

(2) Acceptance of a surrender of the existing 125 year lease in relation to 3 of the sites, again subject to terms and agreement of a commuted sum for maintenance;

(3) Two sites remaining within the existing lease for the time being.

Reasons for the decision:

1. Following the Housing Stock Transfer in 1999, 21 play areas in Bath were transferred to Somer on a 125 year lease. Eleven years on the Council and Somer wanted to review the position in order to better respond to specific amenity requirements on individual estates

2. Following officer discussions it was proposed to transfer the freehold reversions of 16 sites to Somer where the play areas are integral to Somer estates. Transfer will allow Somer to invest in improving amenity facilities without the perceived risk of the lease. Somer have agreed a programme of consultation on these sites and have set out their intended investment timetable.

3. Three sites were proposed to be surrendered back to the Council. These sites are part of larger Council owned open spaces and ongoing management costs will be fully funded for a period of 15 years by payment of a commuted sum by Somer. The Council will undertake consultation on these sites during spring 2011 to help determine how they can best serve the needs of local communities

4. Two sites were proposed to remain under the current 125 year lease and responsibility for these will stay with Somer. Consultation over the future of these sites will be undertaken by the Council and Somer early in 2011 in order to agree the best way forward for play area provision in these areas. The feasibility of returning these sites to the Council will be re-examined once this exercise is complete

Alternative options considered:

Maintaining the current position with all play areas being managed within the 125 year lease was considered but as this has led to a slow decline in the quality of the sites it was determined that a simplification of land ownership and transfer of all liability was the best approach

Publication date: 15/10/2010

Date of decision: 11/10/2010

Effective from: 23/10/2010

Accompanying Documents: