That the Executive Head of Assets and Business Services, in consultation with the Chief Executive of the TDA be authorised to dispose of the freehold interest of the 391 square metre (0.09 acres) of land that currently forms part of the adopted highway on Edginswell Lane as set out in Plan EM2999a (attached to this Record of Decision).

The land is surplus to the Council’s requirements.

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This decision will come into force and may be implemented on Wednesday, 21 March 2018 unless the call-in procedure is triggered (as set out in Standing Orders in relation to Overview and Scrutiny).

The land currently forms part of the adopted highway with Torbay Council owning the sub-soil.  The land comprises a small part of the road-side verge that is populated by mature trees and shrubs.   

The adjoining landowner wishes to acquire the land for improved access to enable construction of three residential units.  The Planning Department advise that planning permission will not be granted for three residential units without an improvement to vehicular access.

The proposed purchaser is considered a special purchaser due to his freehold ownership of the land adjacent.  The agreed purchase price of £27,000 (subject to contract) reflects this, coupled with the anticipated development of the site, and consequently terms of disposal are unlikely to be bettered by an advertising campaign on the open market. 

The land is to be disposed of by way of private treaty to the purchaser for a sum of £27,000.  The purchaser will be required to make an application to ‘stop up’ the highway within 6 months of the transfer. 

The Highways Department has advised that the land it is surplus to requirements and do not object to disposal of the freehold.  We consider disposal of the land to be in the best interests of the Council and the disposal will generate a capital receipt for Torbay Council.

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