Decision details

Date of Decision:

15/05/2024

Title:

Ivanhoe Road Thurcroft

Decision Maker:

(Including Job Title)

Kevin Fisher, Assistant Director Property and Facilities Services

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

Decision taken under the powers granted to the property officer under section 29.12 of the Council’s Financial Procurement Procedure Rules.

Paragraph 29.12.1 states where the estimated disposal value is less than £100,000 the Property

Officer, having taken financial and legal advice, may arrange for the disposal of land or property.

Decision:

That the Property Officer approves and negotiates the release of the restrictive covenant in, in consultation with the Council’s Section 151 Officer and the Cabinet Member for Transport, Jobs and the Local Economy.

Reasons for the Decision:

Ivanhoe Road, Thurcroft was a single residential dwelling. The owner of the property has built another property on the land at the side within the boundary.  The owner is requesting a release to the restrictive covenant which limits this legal title to one dwelling. This will allow the new property to be sold.

Approval is sought to release the restrictive covenant on 1 Ivanhoe Road. The agreed fee for release is £45,000

Details of alternative options considered and rejected:

Option 1 (Preferred Option) - That the release of the restrictive covenant is agreed at the valuation, so the Council would receive the capital receipt and professional fees and the owners can sell the bungalow which has already been built.

Option 2 – That the sale is not agreed - The owner won’t be able to complete on the proposed sale lawfully as the restrictive covenant will remain in place.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

No conflicts of interest declared.

Dispensations Granted:

(If any)

Not Applicable

Reports or parts of reports considered