URL: https://reigate-banstead.moderngov.co.uk/ieDecisionDetails.aspx?ID=1184

Decision Maker: Executive, Council

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To consider options for enabling an enhanced approach for bringing forward opportunities for use of assets to provide benefits to the borough and its communities.

Content: RESOLVED that Executive agreed:   Motion to Council regarding establishing a Community Asset Transfer Policy   (i)             To note the motion to Council on 22 July 2025 regarding establishing a Community Asset Transfer Policy and that the actions already recommended by this report include actions which substantially encompass its proposals.   Acquisition of residential properties   (ii)           That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, the Chief Financial Officer and Monitoring Officer, to undertake all necessary actions to secure the purchase, refurbishment, management and maintenance of market-sale residential properties and street properties, for the purpose of providing affordable rented homes including social rent, affordable rent, temporary and/or emergency housing.   a. Recommend that the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for this purpose, subject to a robust business case demonstrating best value.   b. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, Chief Financial Officer, Procurement Manager and Monitoring Officer, to procure and appoint consultants, suppliers, and building contractors, and enter into contracts, as required for this purpose.   c. That the Monitoring Officer, on the instruction of the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and Chief Financial Officer, to procure and appoint solicitors, and enter into contracts as necessary, to undertake conveyancing and complete property purchases, including applications to HMLR (His Majesty’s Land Registry) to register properties and submission of the SDLT (Stamp Duty Land Tax) return paperwork to HMRC (His Majesty’s Revenue and Customs), as required for this purpose.   d. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Member with responsibility for Housing and the Chief Financial Officer, to apply, where available and appropriate, to Homes England, the Ministry of Housing, Communities and Local Government, or other UK governmental or public sector bodies for additional funding, and to use any such funding to increase the budgetary envelope and support the implementation of actions for this purpose.   (iii) That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, the Chief Financial Officer and the Monitoring Officer, to undertake all necessary actions to acquire and let suitable new-build housing units, for the purpose of providing affordable rented homes, including social rent, affordable rent, temporary and/or emergency housing, and delivering community benefits.   a. Recommend that the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for this purpose, subject to a robust business case demonstrating best value.   b. That the Monitoring Officer on the instruction of the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and the Chief Financial Officer, to procure and appoint solicitors, and enter into contracts as necessary, to negotiate with developers and agree all terms of acquisition for new-build properties, such as blocks of flats; to undertake legal due diligence and conveyancing; to ensure the Council obtains good and marketable title; and to complete any associated actions, including applications to HMLR to register properties and submission of the SDLT return paperwork to HMRC, as required for this purpose.   c. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, Procurement Manager and the Monitoring Officer, to procure and appoint consultants or surveyors, and enter into contracts as necessary, to secure all required surveys, valuations, planning consents, quotations, and tenders, as required for this purpose.   d. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Member with responsibility for Assets and Procurement Manager, to procure and appoint consultants, and enter into contracts as necessary, to provide specialist advice or support in relation to inspections, negotiations, and other professional functions required before and after acquisition, as required for this purpose.   e. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Member with responsibility for Assets, Procurement Manager and Head of Service with responsibility for Property Services, to procure and appoint building services contractors, and enter into contracts as required to undertake any necessary remediation works to ensure acquired units are ready to let, as required for this purpose.   f. That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Member with responsibility for Housing and Chief Financial Officer, to apply, where available and appropriate, to Homes England, the Ministry of Housing, Communities and Local Government, or other UK governmental or public sector bodies for additional funding, and to use any such funding to increase the budgetary envelope and support the implementation of actions for this purpose.   Development pipeline mobilisation   (iv) That the Head of Service with responsibility for Place Delivery, in consultation with the Executive Members with responsibility for Assets and for Place, Procurement Manager and the Monitoring Officer, be authorised, for the purpose of progressing key preparatory activities for delivery of development of Council sites which support the Council’s priorities regarding thriving communities and support for those in need:   a. On instruction to the Monitoring Officer to carry out the procurement and appointment of solicitors, and enter into contracts as necessary, to carry out legal due diligence in relation to potential development sites, including review of land titles, access arrangements, easements, covenants, and other legal constraints   b. To procure and appoint consultants, including surveyors, architects, engineers, and other specialists, and enter into contracts as necessary to obtain all required surveys, reports, and design work.   c. To carry out all necessary actions to comply with planning requirements, including the preparation and submission of planning applications, and to procure and appoint specialist advice as needed.   Community asset transfers and support scheme   (v) That the Executive approve that the key principles for the Community Asset Transfer Policy be that community asset transfers will:   a. Provide clear and achievable benefits to the community and not be for primarily commercial purposes. b. Align with Council’s Corporate Plan priorities and the objectives of its Asset Management Plan and Environmental Sustainability Strategy. c. Require a robust business plan for the continued operation of the asset, with sustainable management and governance arrangements. d. Reflect the nature and capacity of the applicant and any necessary associated considerations. e. Not take place for assets which are required for delivery of key Council services or Corporate Plan Priorities, or which generate significant net income which supports the Council’s financial sustainability.   (vi) That the Head of Service with responsibility for Property Services, in consultation with the Head of Service with responsibility for Community Partnerships, the Executive Members with responsibility for Assets and Community Development, and the Monitoring Officer, be authorised to finalise Council’s Community Asset Transfer Policy, in line with the principles set out in recommendation (v) to the Executive in this report.   (vii) That the Deputy Chief Executive, in consultation with the Leader of the Council be authorised to adopt the Community Asset Transfer Policy, once finalised in accordance with the key principles set out in recommendation (v) to the Executive in this report.   (viii) That the Executive approve that the key principles for the Community Asset Support Scheme be that community support as part of the scheme will:   a. Provide clear and achievable benefits to the community and not be for primarily commercial purposes.   b. Align with Council’s Corporate Plan priorities and the objectives of its Asset Management Plan and Environmental Sustainability Strategy.   c. Require a robust business plan for the continued operation of assets where support is provided, with sustainable management and governance arrangements.   d. Ensure that support provided is the best identified option to support the community benefits of the asset, and that there are no other more suitable identified alternatives. e. Ensure that any support for community assets provides best value in terms of community benefits provided relative to costs.   (ix) That the Head of Service with responsibility for Community Partnerships, in consultation with the Head of Service with responsibility for Property Services, the Executive Members with responsibility for Assets and Community Development, and the Monitoring Officer, be authorised to finalise the Council’s Community Asset Support Scheme, in line with the principles set out in recommendation (viii) to the Executive in this report.   (x) That the Deputy Chief Executive, in consultation with the Leader of the Council, be authorised to adopt the Community Asset Support Scheme, once finalised in accordance with the key principles set out in recommendation (viii) to the Executive in this report.   (xi) That the Head of Service with responsibility for Property Services, in consultation with the Head of Service with responsibility for Community Partnerships, the Executive Members with responsibility for Assets and Community Development, the Chief Financial Officer, Procurement Manager and the Monitoring Officer, and in accordance with the Council’s Community Asset Transfer Policy and Community Asset Support Scheme, when finalised, be authorised:   a. To acquire property assets of community value, or dispose of property assets owned by the Council which are not required for operational purposes, in order to provide community value, and undertake all necessary supporting actions, including approval of acquisition and/or disposal terms and associated agreements, with regard to Key Decision Threshold Limits.   b. On instruction to the Monitoring Officer to carry out the procurement and appointment of solicitors to act on conveyancing, landlord-tenant matters, acquisitions, disposals and all associated due diligence, including applications to HMLR to register properties in RBBC’s name and submission of the SDLT return paperwork to HMRC.   c. To procure, appoint, and enter into contract to secure all necessary surveys, valuations, planning consents, quotes and tenders.   d. To procure, appoint and enter into contract with building services contractors to undertake any necessary maintenance or improvement work to allow property assets held either by the Council or external parties to be made suitable for current or future community use, disposal, or other associated purposes.   e. To enter into necessary agreements with external parties to enable the implementation of maintenance or improvement work to property assets held by said external parties, and on instruction to the Monitoring Officer, to carry out the procurement and appointment of solicitors as necessary to develop and enact such agreements.   f. Agree terms for and approve the award of resources to support the operation of community assets by external parties for the provision of community benefits, including in the form of capital or revenue grants, training, and/or advice, and including agreeing requirements for provision of community benefits by external parties.   (xii) Recommend that the Head of Service with responsibility for Property Services be authorised, in consultation with the Head of Service with responsibility for Community Partnerships, the Executive Members with responsibility for Assets and Community Development, and the Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for the purpose of implementing actions emerging from the Community Asset Support Scheme, once finalised, subject to a robust business case demonstrating best value.   Additional tabled Recommendations approved by Executive (with further information set out in an Addendum to the Executive agenda pack, published before the meeting)   (xiii) That the Executive notes that the Leader will consult with the leaders of the established political groups of Members of the Council as part of their role in reviewing the finalised Community Asset Transfer Policy and Community Asset Support Scheme prior to the adoption of these documents.   (xiv) That the Executive notes that the Executive Member with responsibility for assets commits to seek the advice of representatives of the wider membership of the Council through a proposed Community Asset Advisory Group (CAAG) as part of the consultation on decisions on matters emerging from recommendations (xi.a.), (xi.d.), (xi.e.), and (xi.f.).   Recommendations to Council   (i)             That the Housing Delivery Strategy Reserve be changed to the Housing Delivery and Community Assets Reserve, with the purpose of supporting housing delivery and/or community assets within the borough. (ii)           That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and the Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for the purpose of securing the purchase, refurbishment, management and maintenance of market-sale residential properties, for the purpose of providing affordable rented homes including social rent, affordable rent, temporary and/or emergency housing, subject to a robust business case demonstrating best value, per recommendation ((ii).a.) to the Executive. (iii)         That the Head of Service with responsibility for Housing and Intervention be authorised, in consultation with the Executive Members with responsibility for Assets and Housing, and the Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for the purpose of acquiring and letting suitable new-build housing units for the purpose of providing affordable rented homes, including social rent, affordable rent, temporary and/or emergency housing, and delivering community benefits, subject to a robust business case demonstrating best value, per recommendation ((iii).a.) to the Executive. (iv)         That the Head of Service with responsibility for Property Services be authorised, in consultation with the Head of Service with responsibility for Community Partnerships, the Executive Members with responsibility for Assets and Community Development, and the Chief Financial Officer, to use funding from the Housing Delivery and Community Assets Reserve for the purpose of implementing actions authorised by recommendation (xi) to the Executive, subject to confirmation a robust business case demonstrating best value, per recommendation (xii) to the Executive. (v)           That the Capital Programme be updated to include the allocation of a sum up to the total of the Housing Delivery and Community Assets Reserve for the purposes set out in recommendations to Council (ii), (iii) and (iv).

Date of Decision: September 18, 2025