Decision details

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: