Issue - meetings

(i)              to note the representations received during the Consultation period;

(ii)             to instruct the Chief Officer - Governance to lodge a petition with the Courts under Section 75 (2) of the Local Government (Scotland) Act 1973 for authority to dispose of the Wallace Tower and associated Common Good land within Seaton Park extending to circa 435sq.m;

(iii)            if the requested authority is granted by the Court, to instruct the Chief Officer - Corporate Landlord, to progress the asset transfer request under section 74 of the Local Government (Scotland) Act 1973 and the Disposal of Land by Local Authorities (Scotland) Regulations 2010; and

(iv)           to instruct the Chief Officer - Corporate Landlord to include a right of pre-emption, in favour of the Council, in the event that the Proposed Development does not take place within a reasonable timeframe and a right of first refusal to purchase the asset should it ever be sold by the Trust.   

With reference to article 21 of the minute of meeting of the City Growth and Resources Committee of 21 September 2022, the Committee had before it a report by the Chief Officer – Corporate Landlord, which advised of the outcome of the consultation regarding the proposed disposal of this Common Good property following the amendment to the original asset transfer request for the purchase of the Wallace Tower by the Tillydrone Community Development Trust.  The report also sought to request approval to petition the Court, under section 75 of the Local Government (Scotland) Act 1973, to receive authority to dispose of this Common Good Property under section 74 of the Local Government (Scotland) Act 1973 and the Land Disposal (Scotland) Regulations 2010.

The report recommended:-

that the Committee -

(a)            note the representations received during the Consultation period;

(b)            instruct the Chief Officer - Governance to lodge a petition with the Courts under Section 75(2) of the Local Government (Scotland) Act 1973 for authority to dispose of the Wallace Tower and associated Common Good land within Seaton Park extending to circa 435sq.m; and

(c)            if the requested authority is granted by the Court, to instruct the Chief Officer - Corporate Landlord, to progress the asset transfer request under section 74 of the Local Government (Scotland) Act 1973 and the Disposal of Land by Local Authorities (Scotland) Regulations 2010.

The Committee resolved:-

(i)             to instruct the Chief Officer - Corporate Landlord to include a right of pre-emption, in favour of the Council, in the event that the Proposed Development does not take place within a reasonable timeframe and a right of first refusal to purchase the asset should it ever be sold by the Trust; and

(ii)       to otherwise approve the recommendations.