Proposed Sale of Amenity Land to the Rear of 15 Stuart Quadrant, Wishaw
North Lanarkshire Council · 24 May 2023
Back to Finance and Resources Committee — 24 May 2023 and its agenda
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North Lanarkshire Council Report Finance and Resources Committee Does this report require to be approved? ☒ Yes ☐ No Ref LY/IM/Ward21 Date 24/05/23 Proposed Sale of Amenity Land to the Rear of 15 Stuart Quadrant, Wishaw From James McKinstry, Chief Officer (Assets and Procurement) E-mail Martini@northlan.gov.uk Telephone 07966 397637 Executive Summary The purpose of this report is to seek consent to dispose of the land shown on the attached plan to the owner of the adjacent property at 15 Stuart Quadrant, Wishaw. Recommendations It is recommended that the Finance and Resources Committee: i) Approves the sale of land adjacent to 15 Stuart Quadrant, Wishaw on the terms detailed within this report. ii) All other terms and conditions to be adjusted by the Chief Officer (Assets and Procurement). The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (4) Market and promote North Lanarkshire as the place to live, learn, work, invest, and visit
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1. Background 1.1 In March 2022 the Council received an enquiry from the owner of the property at 15 Stuart Quadrant, Wishaw about purchasing the area of land shown highlighted on the plan attached at Appendix 1. The area extends to 14 square metres or thereby and forms part of an unallocated car space. 1.2 A previous application to buy this area of land was received from the owner of number 17 Stuart Quadrant in 2019. That application was refused on the basis of consultation responses received from the Roads Department and Local Housing Office. 1.3 The owner of 15 Stuart Quadrant has previously enquired about purchasing the car space in 2021, and that application was refused on the same grounds. 1.4 The current enquiry is again from the owner of 15 Stuart Quadrant and was initially refused. 2. Report 2.1 Description 2.1.1 The land shown highlighted on the plan attached at Appendix 1 extending to 14 square metres or thereby is currently part of an unallocated car space serving the properties in Stuart Quadrant. 2.1.2 The title plan from Registers of Scotland indicates that part of the parking bay is already included in the property boundary for 15 Stuart Quadrant, as shown on the plan attached at Appendix 2. 2.2 Consultations 2.2.1 On receipt of the most recent enquiry in March 2022 initial correspondence was issued to the applicant advising that the Council would not be able to progress her enquiry as she had previously been advised in 2021 of the objections raised by the Roads Department and the Local Housing Office. 2.2.2 Both the Roads Department and Local Housing Office confirmed they preferred the space to remain communal. Housing also commented that the space attached more naturally to the boundary of number 15’s property. Where an objection is received from any department the application cannot proceed. 2.2.3 Upon the refusal of the current request the applicant approached a Local Member for assistance. An approach was made by the Councillor to the Estates Team and on further consultation, objections were withdrawn. 2.2.4 Following the withdrawal of operational objections, Local Members were consulted, and an objection raised over concerns about the fairness of the process given that the first two applications to purchase this land were refused. The Local Member has raised 8 points in the objection as detailed below: 1. Has the owner of number 17 Stuart Quadrant been informed of the intentions to buy from the applicant at number 15?
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Response: Neighbour notifications are not part of the amenity land sales process. Estates would not have consulted with neighbours when number 17 applied to buy the space in 2019. As part of the disposal process, once an informal offer of sale has been issued applicants are required to obtain planning permission for a change of use. The planning application process involves a neighbour notification exercise and at that point objections are invited concerning material matters affecting planning policy. 2. The loss of a parking space in Stuart Quadrant, I doubt the applicant would allow anyone to use a space they have purchased. Response: Originally there were two parking bays for common use between the rear gardens of 15 and 17. The bay to the rear of number 17 was included in the original Council house sale and now forms part of their rear garden. Part of the remaining parking bay is already within the boundary of number 15’s property. See Appendix 2. A full parking bay can only be achieved by selling the land to the current owner of number 15. Should number 15 erect a fence to the full extent of their boundary, any car parked in the remainder of the bay would overhang the pavement. 3. Our Estates Officer refused the owner of number 17 the right to buy. Response: Applications from both 15 and 17 were refused on the same grounds. Only following further consultation were the objections withdrawn and the current application progressed. 4. Housing agreed that the bay would sit more naturally in the garden of number 15 but is also adjacent to number 17 but agreed with the Estates Officer that the space stays as a needed parking place. Response: The Local Housing Office and Roads have withdrawn their objections to the sale of the land. As noted above, part of the bay is already within the boundary of number 15’s property. Therefore, any sale of the 14m2 area would not create a full parking space. This could only be achieved if the land was sold to number 15. It must also be noted that the owner of number 15 takes access to her rear garden directly from the parking bay. There is no pavement space or other separation between the bay and number 15’s gate/fence. Sale of this piece of land to number 17 would block the access arrangements to number 15’s rear garden. 5. The space was designated to be communal, which it still is. Response: Similarly unallocated or communal spaces have been sold in the past where there is no operational objection. 6. Is it fair that a Councillor can get involved in this purchase and turn round a decision of our departments. Response: The object of consultation with internal departments and Local Members is to ensure interested parties have the opportunity to make comments on the proposal. Where agreement cannot be reached the case is brought before Committee for consideration. 7. Is it fair that the owner of number 17 Stuart Quadrant was not consulted and given the chance to purchase this space after all his was the first approach? Response: As outlined above, part of the space is already owned by number 15 and selling the remainder of the bay to number 17 would affect access to the rear garden
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of number 15. No consultation is undertaken with neighbours at initial application stage. Any offer of sale would be made subject to the granting of planning permission for a change of use. Neighbour notification is carried out as part of the planning application and objections are invited at that stage. 8. This parking space if sold will leave Stuart Quadrant minus a greatly needed space and two neighbours at loggerheads for the foreseeable future. Response: Sale of the land will regularise the boundary between the two properties and would end any dispute over who is entitled to use the land. 2.3 In view of the facts outlined above, it is recommended that the land is sold to the applicant/homeowner at 15 Stuart Quadrant in order to regularise the boundary between the two properties. 3. Measures of success 3.1 The sale of this land would result in a capital receipt to assist the council’s income. The alternative is that the land is retained in council ownership. 4. Supporting documentation 4.1 Appendix 1: Location plan 4.2 Appendix 2: Extent of 15 Stuart Quadrant’s ownership JAMES MCKINSTRY Chief Officer (Assets & Procurement)
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The sale of this ground will generate a capital receipt for the Council. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The council will be entering into legally binding missives for sale of the land. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.
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Appendix 1: Location plan showing application area (outlined red)
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Appendix 2: Extent of 15 Stuart Quadrant’s ownership