Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Council officers have delegated powers to
transfer land for the purpose to an official statutory undertaker.
The party acting in this instance are Last Mile Electricity
Limited, they are not a formal statutory undertaker, but in this
instance, they are adopting the Electrical Network. A freehold
transfer or long lease requires a formal report to Strategy and
Resources Committee for the transfer of the land.
The transferee is pressing for the legal completion of the transfer
by the end of April at the latest to prevent a delay to the
project, therefore the urgent nature of the works would be delayed
further if the matter had to be presented to the next appropriate
Committee on the 4 May 2021.
This provision forms part of the contract for the construction of
the new leisure centre and any associated costs will form part of
that contractual arrangements and associated budgets. The
transferee has not provided an undertaking for the Councils costs.
However, as this transfer is fundamental to the operation of the
new leisure centre we do not intend to pursue costs in this
instance.
Agreement to transfer an area of land,
approximately 2m by 2m, adjacent an existing Western Power
Distribution substation, adjacent Tarka Tennis car park, Seven
Brethren.
The alternative to a freehold transfer is a
long leasehold interest, but the applicant has requested a freehold
transfer not a lease. The adjoining substation site has been
transferred to WPD by way of the freehold. We could still transfer
the site to WPD as a statutory undertaker and they could transact
with Last Mil Electricity, the issue with this is interacting with
third party and their willingness to be involved, which again is
likely to cause further delay.
Publication date: 06/01/2022
Date of decision: 16/04/2021
Accompanying Documents: