The Head of Economic Development & Property presented the report which updated Members on the disposal of surplus property assets at Timberden Farm, Shoreham and sought approval to agree terms for the disposal of Lots 2, 3 and 4.  Four offers had been received, two of which were for very small parcels of land and could not be recommended for acceptance.  One offer was for Lots 3 and 4 (the two parcels facing Shoreham Village) in a combined bid from a local farmer and a charitable trust.  Shoreham Parish Council (through their Chair) has been consulted on the disposal process and had advised that they did not have funds to offer for the land themselves, but had indicated that they would prefer the District Council to sell Lots 3 and 4 to the local farmer and charitable trust on the basis that this would give them greater reassurance that the land would be managed in the best interests of the local community and that there was less risk of a future application for development on the site.  However this offer was at £355,000 which fell significantly below the revised guide price of £500,000 agreed with Carter Jonas and the Council’s asset valuation carried out in March 2015. Acceptance of the offer would also leave the Council with ownership of Lot 2 for which there had been no individual offers in either marketing campaign.

The other remaining offer was for the whole of the land offered, Lots 2, 3 and 4, and was from a private investor with a significant property portfolio generating income of circa £1 million per annum. The bidder had provided evidence of his financial standing and ability to complete a purchase this financial year.  He already owned three other farms and his intention was that the property would be leased for grazing on Farm Business Tenancies or Licences.  The offer was at £825,000 which although below the revised guide price of £900,000 agreed with Carter Jonas, was consistent with the asset valuation carried out in March 2015.  The offer is subject to the purchaser being given an option to acquire Lot 1 should the Council decide to sell this in the future.  It was considered that this could be accommodated subject to an independent red book/market valuation at the time.

The Chairman agreed to allow Parish Councillor Lesley Spence from Shoreham Parish Council to address the Cabinet.  She reiterated the Parish Council’s concerns and urged the Cabinet to make a responsible decision that ensured the value of the land took precedence and that it was owned and managed by those that would conserve it now and for future generations.

The Chairman advised that the Council had bought the land in the same ‘lots’ it was now being sold in.  It was reconfirmed that the potential buyer was planning to lease the land for grazing.  The Chairman invited the Chief Planning Officer to advise why an Article 4 Direction was not appropriate.  The Chief Planning Officer explained that an Article 4 Direction was a special planning regulation adopted by a Local Planning Authority to provide additional powers of planning control in a particular location by removing "Permitted Development" rights that planning permission would be required for minor developments that would otherwise not require an application for planning permission, enabling the Council to control minor developments and ensure that they accorded with its policies to protect the character of a Conservation Area or the visual amenities of other areas and prevent developments that did not accord with those policies.  To remove the permitted development rights there needed to be evidence of potential harm if they were not removed.  In this case the land already had strong protection from being in the Green Belt and an Area of Outstanding Natural Beauty (AONB).  A Member advised that he knew of an instance where the Article 4 Direction had been applied and had rendered a farm unworkable.

It was queried whether a condition could be placed on the land to protect the plants and wildlife.  From a planning perspective this could only be done if there was a planning application, it could not be achieved with permitted development rights.  In effect it would be a condition to prevent grazing that would render the land unworkable.  It was pointed out that this had always been grazing/farm land.  In response to a question, it was confirmed that there was nothing preventing the community exploring applying for Special Scientific Interest (SSSI) status.           

Public Sector Equality Duty

Members noted that consideration had been given to impacts under the Public Sector Equality Duty.

Resolved:  That the disposal of surplus land at Timberden Farm comprising Lots 2, 3 and 4 for the sum of £825,000 be approved, and authority be delegated to the the Head of Economic Development and Property to agree detailed Heads of Terms.

(Cllr. Lowe abstained from voting.)