1.0 DELEGATION TO THE HEAD OF TECHNICAL SERVICES
1.1 To settle the disposal of land and premises by way of a lease or licence where the annual rental/fee does not exceed £20,000 and, in the case of a long lease (99 years) or sale of the freehold, where the capital consideration to the Council does not exceed £125,000, subject to:
(a) the Cabinet Member(s) with the appropriate portfolio agreeing the principle of disposal;
(b) a report on the action taken being submitted to the Cabinet Member with the appropriate portfolio on a six-monthly basis.
1.2 To settle terms for the acquisition of land and premises by way of lease or licence where the annual rental/fee does not exceed £20,000 and in the case of a long lease (99 years) or acquisition of the freehold where the capital consideration to the Council does not exceed £125,000, subject to:-
(a) the scheme being approved by the Cabinet Member(s) with the appropriate portfolio; and
(b) a report on the action taken being submitted to the Cabinet/Cabinet Member with the appropriate portfolio on a six-monthly basis.
1.3 To enter into negotiations for land acquisition for schemes previously approved by the Cabinet and where there is an appropriate budget provision.
1.4 To approve the purchase, by agreement with the landowner, of land which is required for the construction of highway schemes that have been approved by the Cabinet and which are in the Cabinet’s approved capital estimates.
1.5 To approve the purchase of properties adversely affected by road schemes which have been approved by the Cabinet and are in the Cabinet's approved capital estimates, in accordance with Section 246 of the Highways Act 1980, when the Head of Business Unit is satisfied that works of construction or improvement or the subsequent use of the new highway will seriously affect the enjoyment of the property to such a degree as to make life there intolerable.
1.6 To negotiate terms for the renewal of existing agreements when the annual rental/fee does not exceed £20,000, subject to:
(a) the Cabinet Member(s) with the appropriate portfolio agreeing the principle of the renewal; and
(b) a report on the action taken being submitted to the Cabinet Member with the appropriate portfolio on a six-monthly basis.
1.7 To deal with requests for the release of covenants where consideration does not exceed £20,000.
1.8 To dispose of miscellaneous properties that become vacant and to apply for planning permission in order to enhance the value of the properties, where appropriate, before sale.
1.9 To conclude all negotiations for the lease of Sub-Station sites where the terms used are the standard terms approved by the Cabinet Member(s) with the appropriate portfolio.
1.10 To settle terms in respect of wayleaves, easements and temporary site compounds following the approval of the Cabinet Member(s) with the appropriate portfolio subject to the sum involved not exceeding £5,000 and to a six-monthly report being submitted to the Cabinet Member(s) with the appropriate portfolio.
1.11 To agree requests for vehicular access over Housing land subject to:-
(a) the approval of the Cabinet Member(s) with the appropriate portfolio in the first instance; and
(b) all new licences being on the following terms and conditions:-
(i) the licence to be personal to the owner of the property and be entered into on a year to year basis on payment of a fee of not more than £250 per annum payable in advance;
(ii) the licence to be determinable by either party on giving not less than one month notice in writing;
(iii) the licensee to be responsible for the payment to the Council of such sums as representing a reasonable proportion of the reasonably estimated amount required from time to time to cover the costs and expenses incurred by the Council, in maintaining the private road from which the licensee derives benefit;
(iv) the licensee to be responsible for the payment of the Council's legal costs incurred in this matter.
(c) the licence fee at (b)(i) above being reviewed every three years.
1.12 To accept blight notices and to approve the purchase of land which is statutorily blighted by the highway proposals, and to approve counter-notices where the Head of Business Unit considers that there is no such statutory obligation.
1.13 To approve applications for discretionary noise insulation grants for highways schemes in the Borough.
1.14 To grant tenancies or licences of properties purchased but not immediately required for road improvements.
2.0 DELEGATION TO THE HEAD OF LAW AND CORPORATE GOVERNANCE
2.1 Service of Notices - Property Management
(a) To serve such Formal Notices as may be necessary from time to time to protect the Council's position as landlord and/or to regain possession of premises where tenants are in breach of covenants.
(b) This authority is also hereby granted to the Principal and Senior Solicitors.
3. 0 WITHDRAWAL OF AUTHORITY
3.1 The Authority to exercise any of the above delegations may be withdrawn at any time by the appropriate Head of Business Unit.
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