To submit the report
of the Cabinet Member for Corporate and Legal Services.
Decision:
It was
resolved to adopt the amendments to the Officers’ Delegation Scheme relating to
the acquisition and disposal of land.
Minutes:
The report
was submitted, noting that reports sometimes came with a change in the
constitution. This was one of them. It was expressed that this work was the fruits
of the labour of collaboration between the Legal Department and the Housing and
Property Department to adapt the thresholds for buying, selling and letting
land. It was explained that this was because of a change in land costs over the
past year. As a result, there was a need to revisit the delegation scheme.
It was
detailed that the current procedure was difficult to understand and its wording
was vague, and that it had been the subject of some confusion in terms of
officer rights. It was explained that the new delegation scheme had higher
values, as the vast majority of decisions were made almost without exception by
means of a Cabinet Member decision notice. It was expressed that the new
arrangements facilitated the department's efficiency. It was emphasised,
obviously as with other Delegation Schemes, conditions would be subject to
aspects such as Council policies, standing orders and consultation with local
members when disposing of land. It was noted that the latest Scheme provided
more flexibility but ensured regular communication with the Cabinet Member.
It was
noted that the Scheme had been submitted to the Governance and Audit Committee,
who had supported it. It was emphasised that this scheme was moving from an
unclear position to a modern procedure. It was explained that the Legal
Department had looked at similar schemes across North Wales, and that the
Council was going for a middle-ground scheme in comparison.
Members
were given an opportunity to ask questions and offer observations.
One member
expressed their objection to the Scheme as there were cases where the Council
was buying houses with a 106 condition on them, and thus reduced the stock of
scarce affordable housing available in the county. Attention was drawn to a
case where the Council had offered a price that was much higher than the asking
price, which prevented a local person from buying the house. It was expressed
that this was the risk posed by delegating the decision to officers and the
need for Cabinet Members to continue to make the decision was noted, as the
Members believed that a democratic body should make the decision.
Officers
responded by noting that the Scheme did not change rights, but rather changed
the financial threshold. It was explained that almost twenty years had passed
since they had been set, and that they did not reflect today's rights. It was
expressed in this case and it was noted that this had happened at the start of
the house purchase and that a solution had been found immediately. It was noted
that the Council did not want to compete with individuals when buying houses,
but rather wanted to buy houses that did not sell or where there was a risk
that they would be bought by someone from outside the county. It was emphasised
that such decisions were only submitted before the Cabinet in very specific
circumstances, and mainly it was a Cabinet Member decision.
RESOLVED
To adopt
the amendments to the Delegation Scheme for Officers, about procuring and
disposing of property.
Supporting documents: