Cofnod Datgeliadau

Cwestiwn

The period covered by this request is 1 April 2021 to the date of this request.

PART A – COMPLETE DISPOSAL SCHEDULE

Please provide the Council’s complete schedule, register, spreadsheet or equivalent record of:

• freehold land and property disposals completed during the above period; and • leasehold disposals other than short tenancies.

For leases, please include the grant of any lease exceeding seven years — i.e. any disposal to which section 123(2) of the Local Government Act 1972 applies.

Please also include disposals approved by Cabinet, Council or under delegated authority during the period which have not yet completed, identified as such.

For each disposal, please provide:

1. Site/property name or address.

2. Date of completed disposal or, where not yet completed, the date on which disposal was approved.

3. Purchaser, lessee or intended purchaser/lessee.

4. Consideration received or agreed.

5. Method of disposal, identifying whether this was:

• open-market sale;

• auction;

• tender or other competitive process;

• direct or negotiated disposal; or

• another method.

6. Whether the land/property was publicly advertised or otherwise exposed to the open market before the purchaser was selected.

Where these fields already exist within a capital receipts schedule, estates database, asset-disposal register or equivalent record, I am content to receive the relevant existing extract or spreadsheet rather than information being reformatted specifically for this request.

PART B – DIRECT OR NEGOTIATED DISPOSALS

For transactions identified in Part A as direct, negotiated or otherwise non-open-market disposals, please additionally provide the following information.

Part B need not be provided for disposals of small parcels of land to adjoining owners or where the consideration was £10,000 or less. Such transactions may appear in Part A only.

1. Valuation

The valuation relied upon when the disposal was authorised, including:

• valuation amount;

• valuation date;

• whether the valuation was undertaken internally or externally; and • any subsequent or revised valuation obtained in connection with the disposal, together with its amount and date.

At this stage I am seeking the valuation figures and dates rather than copies of complete valuation reports.

2. Undervalue and best consideration

Whether the Council recorded that the disposal was at less than the best consideration reasonably obtainable and, if so:

• the recorded amount of undervalue;

• how that amount was calculated; and

• whether an assessment was recorded concerning compliance with section 123 of the Local Government Act 1972 and, if so, the recorded conclusion.

3. Reason and justification for direct disposal

The recorded reason for proceeding by direct or negotiated disposal rather than open-market advertising, auction, tender or another competitive process, including any:

• Council policy provision or exception; • corporate priority; • wellbeing objective; or • other recorded justification relied upon.

4. Competitive testing between prospective purchasers or partners

Whether any competitive exercise was undertaken between Registered Social Landlords, development partners or other prospective purchasers before the direct purchaser was selected and, where recorded:

• the number of organisations invited to participate; and • the number which submitted an offer, bid or proposal.

If no competitive exercise was undertaken, please confirm that.

5. General Disposal Consent and external auditor

Whether the Council relied upon the Local Government Act 1972: General Disposal Consent (Wales) 2003 and, where it did:

• the date on which the decision to rely upon the Consent was made; • whether the Council notified its external auditor that it was relying upon the Consent; and • if so, the date of that notification.

I am seeking confirmation and the notification date rather than copies of correspondence with the external auditor.

6. Protection of the public interest

Whether the disposal terms contained any:

• clawback provision;

• overage provision;

• buy-back or reversion provision;

• restriction on use; or

• development obligation intended to protect the public benefit associated with the disposal.

For this item I am seeking confirmation of whether such protections existed and a brief description of their purpose where already recorded. I am not requesting complete contracts, transfers, leases or conveyances.

7. Decision authority

Whether the disposal was authorised by:

• Cabinet;

• full Council; or

• delegated authority,

together with the relevant decision date and report, minute or decision reference where held.

8. Public housing subsidy

Where readily identifiable from the disposal record, whether the resulting development was expected to receive Social Housing Grant or another Welsh Government housing subsidy.

Ateb

Please see attached document.