Agenda item

The report on the proposed changes to the Council’s Disposals and Acquisitions Policy (the “Policy”) was presented to the Committee.  The Policy set out the processes that would be followed when the Council intended to either sell or purchase property, whether that be land or buildings.  It also included the method for the granting of a lease for a period of more than 7 years.

The Committee was required to consider the proposed changes to the Policy and provide comment prior to submission to the Executive for approval.

The Chair explained text had been changed and updated to reflect administrative changes nationally (e.g., the removal of EU Procurement Rules, etc.) and locally (e.g., new sections added, new members of staff recruited, etc.).  The Policy was in draft form with grammatical mistakes expected at this stage.

A Member noted figure 1.7 of the Policy included Dragonfly Development Ltd. being part of the Asset Management Group (AMG); what was their precise role in this Council interest focussed Group.  The Monitoring Officer explained the AMG was an internal advisory Group consisting of Officers and Members, with no decision making powers.  Those from Dragonfly Development Ltd. were also assisting the Group from a Council perspective.

The Member sought clarity if the recommendations the Group made included the purchasing of construction equipment.  The Monitoring Officer reiterated the Group dealt with land and buildings only, with the Dragonfly Development Ltd. Officers only providing AMG with knowledge and recommendations from a Council point of view.  The Business Growth Manager added that the Commercial Property Team, on behalf of the Council, managed assets with any decisions required being scrutinised by the AMG before then moving to the Executive.  The Monitoring Officer reiterated that the AMG was not a decision making body, with all asset decisions being made by either a relevant Officer with delegated powers or by the Executive.

The Monitoring Officer noted that Annex 1 of both appendixes attached, the Disposal General Flowchart, still needed amending to reflect the changes to the Policy.

The Business Growth Manager asked if a 7-year plus long-term lease should be included as a disposal method listed at figure 8.4.  The Monitoring Officer explained a lease of land would not be classed as a disposal method; that was an effect of the disposal, not a method.

A Member asked, when recommendations were made in consultation with Dragonfly Development Ltd., did that place the Leader of the Council in a conflict of interest position.  The Monitoring Officer informed that the Leader of the Council would have to withdraw if the decision being made by the Executive had a direct impact on Dragonfly Development Ltd., using the example of the sale of assets on Cotton Street, Bolsover by the Executive (the AMG had recommended a sale of these properties by auction with no impact on Dragonfly Development Ltd.).  A declaration of intertest would only be needed if the land and/or buildings being sold was purchased by Dragonfly Development Ltd..

Moved by Councillor Tom Munro and seconded by Councillor Will Fletcher

RESOLVED that the report be noted.