Decision details

To ask the Executive to reconsider the matter of disposal of land adjoining 268 Brook Lane which came before it on 4 November 2013 in view of legal representations relating to the previous decision.

The Executive on 4 November 2013 considered a report which sought their views on the renewal or otherwise of the then current 3 year licence of the land adjoining 268 Brook Lane, Sarisbury Green, which has since been extended to the 9 October 2014, having regard to the consideration of an earlier report on this matter by the Executive on 7 January 2013.

The Executive was advised that following an informal meeting with the ward Councillors at which a division of the land adjoining 268 Brook Lane was suggested, both interested parties (numbers 266 and 268 Brook Lane) agreed a compromise arrangement, subject to an independent valuation of the land.

Following the decision one of the parties to the compromise arrangement has via their solicitors submitted representations on the validity of the decision. Following advice from the Southampton and Fareham Legal Services Partnership it is now necessary to ask the Executive to consider the matter again. 

RESOLVED that the Executive approves that:

(a)    the decision made by the Executive on 4 November 2013, to approve the compromise agreement, is reconfirmed and progressed, subject to: 

                           i.        the parties are given until 30 September 2014 to confirm in writing their acceptance of the main terms of sale as set out in the confidential Appendix E; or

                          ii.        by 29 September 2014 both parties can confirm an alternative compromise agreement which sees the entire land disposed of with no adverse financial impact on the Council;

(b)    if either party is not prepared to agree to the terms of sale without further negotiation or condition the Council will withdraw its offer and will reserve the right to dispose of the land to the other party on the terms set out in the confidential Appendix E or as it sees fit; and

(c)    the Solicitor to the Council be given delegated authority to take all ancillary actions to give effect to this resolution.