Land Sale of Part to RBWM Highways Authority
Decision Maker: Executive Director of Place Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Decision:
The Council to proceed with the proposed
acquisition with the Ivy Leaf Club (“the Seller”) by
way of varying the existing lease dated 23 December 1986 and via a
transfer of part of the lease to RBWM Highways (“the
Purchaser”) for an agreed consideration.
Reasons for the decision:
Expenditure and authority for the acquisition
of a strip of land from the Ivy Leaf Club for the purpose of
creating a new pedestrian footpath and cycleway linking into the
proposed at-grade A4 crossing on St Cloud Way from
Holmanleaze.
Alternative options considered:
Compulsory Purchase Order and Highways
Authority Acquisition powers were considered however given the
potential protracted statutory process and timescale implication
for delivery, it was advised that a negotiated route be pursued at
the outset.
'Do nothing' option is not recommended as RBWM Highways Authority's
strategic objective will not be achieved and it will be a
disadvantage to local residents in terms of meeting equality and
diversity needs.
Details of any associated risks and mitigation:
1. Risk of losing funding to secure and enable
the creation of a vital piece of highways infrastructure in terms
of pedestrian and cycleway link. There is a programme to commence
works by the end of the financial year.
2. Risk of non-delivery of the pedestrian and cycleway link if land
acquisition does not take place due to increased costs. An
independent valuation has been carried out on which the agreed
purchase price is based. The procurement process will include a
competitive tendering process to ensure the best and most cost
efficient price return is achieved.
3. Losing the opportunity of equality and diversity improvement, as
those in wheelchairs will have to contend with a longer route to
access St Cloud Way following the redevelopment of the former
Magnet Leisure Centre.
Details of any associated finance considerations:
The independent valuation dated August 2023
informed the formal offer to the Ivy Leaf Club for the area of land
subject of this proposed acquisition. The valuation assumes the
property is owned freehold by the Council and is subject to a lease
to the Maidenhead Ivy Leaf Club Limited. The agreed value with the
Club is within the threshold of the valuation report.
Finance officer who provided advice:
Carter Jonas in terms of the formal
valuation.
14/08/23
Legal officer who provided advice:
Gowlings
24/10/23
Details of any associated equality/ sustainability /data protection considerations:
Equality and diversity improvement, as those
in wheelchairs will benefit from the delivery of this pedestrian
and cycleway link which will shorten the route to access St Cloud
Way following the redevelopment of the former Magnet Leisure
Centre.
Reason(s) for officer decision notice:
Any decision which is taken in exercise of an
express delegation made to an officer by the Cabinet or a Cabinet
Sub Committee
Publication date: 21/02/2024
Date of decision: 19/02/2024
Effective from:
Current call-in Count: 0
Accompanying Documents: