To approve the smallholdings disposal plan.

Cabinet received a report on the smallholdings disposal pan.  The Leader reported that cabinet was asked to consider the appointment of an Agent who would be responsible for developing recommendations concerning the structure and timing of the smallholding disposals policy.  The agents would then be responsible for marketing the estate and implementing the disposals programme agreed by cabinet.

In reply to questions from cabinet members, the following points were made:

·         That there had been no change in the council’s smallholding policy since it had been approved on 3 December 2015.  The new policy had included the decision to undertake a structured disposal of the smallholding estate and the commissioning of independent professional advice to ensure that best value was obtained for the tax payer

·         That the agent’s report would address areas outlined in paragraph 13 of the report:  to maximise financial return; support the welfare of the council’s tenants; support the local economy (including the agricultural sector); minimise timescales and maximise community benefits.  It would be in appropriate to consider timescales for individual tenants at this juncture.

·          That the risk of a legal challenge to the appointment of a professional advisor was minimal as they would be appointed via the ESPO 2700 framework in accordance with the public procurement regulations.

·         That framework agreements were widely used by the council for other property contracts.

Concern was expressed over the decision to issue notices to quit to several tenants, and a member in stated that he had been informed that the Local Government Ombudsman had agreed to investigate the process of serving the notices as a case of maladministration.  It was stated that the monitoring officer had not received any communication from the ombudsman in this matter and and no claim for judicial review had been receivedhad been received.

The cabinet member (Infrastructure)  pointed out that farm business tenancies were agree on a rolling basis, and it was usual practice that notices to quit were served toward the end of a given contract term. 

Resolved:

That:

(a)     the procurement of an agent to provide professional services in connection with the disposal be undertaken through ESPO 2700 framework; and

(b)     the identified sites at paragraph 14 be excluded from the disposal.