Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To consider the report of the Cabinet Member
for Economic Development seeking approval to advertise the
intention to dispose of land at Mansel Park for football pitch and
standing/seated stands and to consider any objections.
(i) To agree the principle of the disposal of land at Mansel Park as identified on the plan at appendix 1 and authorise the Director, Legal & Business Services to advertise the disposal of the open space in accordance with section 123(2A) Local Government Act 1972.
(ii) To delegate authority to the Executive Director of Place, following consultation with the Cabinet Member for Economic Development, to consider and determine any objections made in response to the advert for the above open space disposal.
(iii) Subject to the responses to the advertisement above, to delegate authority to the Executive Director of Place following consultation with the Director for Legal & Business Services, agreement of new lease terms to the existing tenant of the land and authority to do anything necessary to give effect to the recommendations above.
(iv) Subject to recommendation (ii) above, to authorise the Executive Director of Place to dispose of the Land at Mansel Park in accordance with section 123(2A) Local Government Act 1972 and at less than best consideration if appropriate.
1. The Council is required by law, under section 123(2A) Local Government Act 1972, to advertise a loss of open space and consider any objections before making any decision on disposal.
2. It is a requirement from the Football Association for the Millbrook Football Club to improve its ground and facilities to become graded as a step 6 ground to move up the leagues and progress as a football club. The requirements for a Step 6 ground include but are not limited to a fully enclosed playing area, safe standing and seating for spectators. These enhancements will result in an improvement to the sporting facilities for the local community.
Refuse to grant a new lease to the tenant with an alteration to the demise. The tenant would therefore be unable to implement the planning decision approved as the application is for an area outside of their demise which they hold no rights over. The tenant could re-submit a planning application for improvements within their demise and apply for landlord consent not to be unreasonably withheld. However, it is understood that the requirements of a Step 6 ground cannot be accommodated within their site areas. Alternatively, the tenant could review other locations around the city. Currently the club in partnership with other clubs and currently have short term arrangements with another landlord and could seek to pursue a longer-term agreement although it is understood the landlord is not agreeable hence the need to develop Mansel Park.
Report author: Charles Morgan
Publication date: 20/12/2022
Date of decision: 20/12/2022
Decided at meeting: 20/12/2022 - Cabinet
Effective from: 31/12/2022
Accompanying Documents: