REQUEST FOR APPROVAL TO DISPOSE OF PART OF THE FREEHOLD INTEREST IN MERLEY HALL FARM, POOLE, DORSET, BH21 3DL

Re: Disposal of the freehold interest in 1245 sq m of surplus farmland to the rear of 48 Willett Road, Ashington, Wimborne, Dorset, BH21 3DL

1. Background and Objectives

The area of land for disposal forms part of the Merley Farm estate. The farm extends in excess of 200 acres and the freehold is owned by the Borough of Poole (BoP). The freehold of the farm was transferred from Dorset County Council (DCC) to the BoP in 1997 as part of Local Government Re-organisation, whereupon the BoP leased the farm back to DCC for a term of 50 years, who in turn has sub-let to the current agricultural tenant.

Following a review of farming operations, certain areas of Merley Hall Farm have been identified as surplus to agricultural requirements and considered suitable for disposal to adjoining landowners. It was agreed between the two local authorities that the proceeds of sale would be shared equally between DCC and BoP and that all of the share attributable to DCC would be re-invested in the farm itself to improve farm efficiency.

The current disposal relates to the sale of 1245 sq m of surplus farmland to an adjoining owner for use as an extension to his existing garden. See plan at Annex 1. A sale price of £15,000 has been agreed between the parties, with the purchaser being responsible for all of the legal and professional fees necessarily incurred in the matter, together with the costs of erecting new stock-proof fencing along the new boundary line. This equates to an overall price of £49,000 per acre and reflects full value for disposals of this nature. The terms of the transfer will include covenants restricting the use to garden land, together with a clawback mechanism in favour of the vendor should more financially attractive development proposals be approved for the site.

This disposal process is in accordance with BoP’s Standing Orders (SO 13c) and is similar to a disposal approved by the Portfolio Holder on 4th October 2006. The outcome of the disposal will support effective commercial management of the farm estate and secure a capital receipt for the BoP in so doing.

2. Request

It is recommended that the freehold of the parcel of land referred to above be sold to the adjoining owner for the sum of £15,000, subject to the purchaser paying all legal and professional fees, bearing the cost of all new stock-proof fencing, together with the use of the land being restricted to garden land only. A clawback provision in favour of the BoP will be included in the transfer.

I WOULD BE GRATEFUL IF YOU COULD PLEASE GIVE FORMAL APPROVAL TO THE ABOVE REQUEST.

Date: 13.02.08

File Ref: M559

Property Services DFR No: 11/08

Approved by ………………………………………… Date: ………………………

(Richard Hickman – Assets and Strategy Manager)

Approved by …………………………………………..Date: ………………………

(Kevin Judd – Estate Manager)

Case Officer and Author: David Andrews.

Contact Officer: Brian Walton

Date: 21/05/08

BOROUGH OF POOLE

REPORT TO COUNCILLOR SORTON, PORTFOLIO HOLDER FOR EFFICIENCY AND EFFECTIVENESS

30 JUNE 2008

DISPOSAL OF THE FREEHOLD INTEREST IN FARMLAND AT MERLEY HALL FARM

PART OF PUBLISHED FORWARD PLAN: NO: N/A

1. PURPOSE OF REPORT

1.1To authorise the disposal of the freehold interest of 1245 sq m of surplus

farmland at Merley Hall Farm, Wimborne to the adjoining land owner at 48 Willett Road, Ashington, Wimborne , Dorset, BH21 3DL

2. RECOMMENDATION

2.1That the freehold interest in 1245 sq m of surplus farmland, owned by

the Borough of Poole, be sold to the present owner of 48 Willett Road, Ashington, Wimborne, Dorset for the sum of £15,000, subject to the purchaser paying all of the Borough’s reasonable legal and surveyors fees necessarily incurred in the matter together with an appropriate claw back provision.

3. BACKGROUND

3.1 The area of land for disposal forms part of the Merley Hall Farm estate.

The farm extends to around 200 acres and the freehold is owned by the

Borough of Poole. The freehold of the farm was transferred from Dorset

County Council to the Borough as part of Local Government

reorganisation, whereupon the Borough leased the farm back to the

County Council for a term of 50 years, who in turn has sub-let the whole

to the current agricultural tenant.

3.2Following a review of farming operations in consultation with the

agricultural tenant, certain areas of Merley Hall Farm have been identified as surplus to agricultural requirements and considered suitable for disposal to adjoining landowners. It was agreed between the two local authorities that the proceeds of sale would be shared equally between the County Council and the Borough and that all of the share attributable to the County would be re-invested by the County in the farm to improve farm efficiency.

3.3 The current disposal relates to the sale of 1245 sq m of surplus farmland

to an adjoining owner for use as an extension to his existing garden.

See plan at Annex 1. A sale price of £15,000 has been agreed between

the parties, with the purchaser being responsible for all of the legal and

professional fees necessarily incurred in the matter, together with the

costs of erecting new stock-proof fencing along the new boundary line.

This equates to an overall price of £49,000 per acre and reflects full

value for disposals of this nature. The terms of the transfer will include

covenants restricting the use to garden land, together with a clawback

mechanism in favour of the vendor should more financially attractive

development proposals be approved for the site.

3.4 This disposal process is in accordance with the Borough of Poole’s

Standing Orders (SO 13c) and is similar to a disposal approved by the

Portfolio Holder on 4th October 2006. The outcome of this disposal will

support effective commercial management of the farm estate and will

will secure a capital receipt in so doing.

3.5It is recommended that the Borough of Poole’s freehold interest in

1245 sq m of surplus farmland adjoining 48 Willet Road, Ashington,

be sold to the owner of that property for the sum of £15,000, subject to the purchaser paying all of the Borough’s and County Council’s reasonable legal and professional plus cost of new stock proof fencing.

The transfer document will include a clawback provision in favour of the vendor.

KEVIN JUDD - ESTATE MANAGER

RICHARD HICKMAN – ASSETS & STRATEGY MANAGER

Author: David Andrews.

Contact Officer: Brian Walton

23/05/08