Purpose

The subject property forms the western end of the former Lincoln Avoiding Railway line that was cleared following closure of the line and the development of Tritton Road. Sections of the old rail line were sold by British Rail in the 1980s and LCC acquired this small section in connection with the road scheme with this small parcel having frontage to Tritton Road being surplus to the requirements of the scheme.
Most of the avoiding line has been developed for housing including Railway Park Close, with the section beyond this residential cul-de-sac being too narrow.

LCC received an approach to acquire the land for the owner of the connecting embankment whose agent was considering possible development of the site, though following initial site surveys this didn’t proceed due to the cost of providing a suitable access. Development would have required the demolition of two semi-detached houses to provide access and the need to remove the Railway Embankment to level the site - as can be seen from the photograph the railway embankment is significant. The neighbouring owner has recently conducted soil investigation reports to assess possible contamination and the material is deemed to be reasonably clean and suitable for construction operations, though the costs of removing are exceptional and as such they deem that development could have a negative value.

LCC’s land does provide frontage to Tritton Road via an adopted footpath, though the access is not deemed adequate for development and LCC would similarly be faced with costs for clearance of the embankment.
The site does neighbour the Tritton Retail Park with the adjacent
unit presently occupied by Wilsons Carpets, but the Park owners have not demonstrated any appetite to acquire the land.

To the North are terraced houses and there is the potential that they may wish to acquire for the purposes of garden extensions, though the topography of the land is not ideal for this.
It is a very prominent site, adjacent one of the busiest routes in the City, though has no development potential other than in conjunction with neighbouring land.
The site has been identified as suitable for sale, which supports the Council’s property rationalisation objectives, delivers essential and planned financial savings, reducing liabilities and risk exposure.
Currently, there are ongoing risks associated with the property including:
• General nuisance associated with the management of the site in particular fly tipping and unauthorised use
• The site gets ever more overgrown and management of the vegetation has not been addressed
• Potential fire risk during sustained dry periods
• Facilities Management holding costs
• Reputational damage to LCC and nuisance to neighbouring properties.
• Potential legal enforcement risk and liabilities associated with land that is not maintained
• There is no operational need and a sale to an adjacent owner may result in the land being better utilised.
For these reasons, it is important that the council proceeds to market the property in its current state, to ascertain whether there is any market interest in acquiring.
Councillor Engagement
Councillors Clark, Gibson and Kelly were consulted about this proposal and given the opportunity to comment.
Social Value
It is not yet known whether the sale will derive any social value, though if an unconditional sale can be achieved or if any conditionality can be quickly resolved, it is likely to reduce the risk of nuisance and mitigate holding costs. This would help improve the setting of the local area and hopefully see the parcel of land being progressed in terms of future development and use.
Restrictive Covenants
It is assumed although not entirely relevant in this instance that the sale would include a restriction against the use of the site for Housing in Multiple Occupation (HMO) and that this be
protected by way of a deed of covenant procedure to bind any future purchasers.

Legal Issues

It is understood that the Council has good title to the site and as such able to enter into a contract for sale.
Method of Disposal
Given the unique nature of the site and the restricted number of parties that are likely to be interested in acquiring it it is thought that disposal by auction would be appropriate to achieve a swift and satisfactory sale. This site does represent a unique opportunity within a strategic commercial location and as such may attract speculative interest often captured in an Auction sale.
It is considered that the site may generate only a small capital receipt it is felt that a sale by Auction is most likely to achieve a satisfactory sale but a suitable reserve will need to be accepted.

Fee quotes from four independent property agents have already been sought and the feedback received has been mixed. It is expected that the up-front costs can be met from departmental budgets and the contingent fee from the sale proceeds.

It is considered that the sale may generate a small capital receipt, with external advice suggesting a value in the region of £5,000, though we do not consider that this takes into account costs of removing the embankment. A suitable reserve will be agreed with the chosen auctioneer, expected to be £1,000 to cover entry costs.
Local Government Reorganisation
Consideration has been given to the potential LGR implications, and the professional view of Corporate Property is that this disposal will not have any impact on the LGR proposals as
neighbouring land is not in public ownership and the site only has potential with adjacent owners.

Decision

To dispose of Former Railway Embankment land at Tritton Road, Lincoln comprising some 429.8 sq m (0.1062 acres) by Public Auction

Alternative options considered

1. Do nothing - this could potentially be considered, the capital receipt is likely to be small and it may be possible to either sell to the owner of the connecting embankment land or sell the two sites in conjunction with each other. There is no operational requirement for the site and it will only continue to deteriorate, get increasingly overgrown and attract nuisance from fly tipping and unauthorised intrusions.

2. Hold the site and consider it in connection with LCCs Bio Diversity Net Gain Strategy (BNG) - this option has been considered but it is a very small site and is considered to have limited potential for this purpose.

Hold the site for future development in partnership
with neighbouring - this option remains but we have been over 10 years getting to this point. Offering the site to the market will hopefully encourage adjacent owners to acquire the potential to enhance their own ownerships.