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RESOLVED -

1.            
That the Council be mindful of the national impact
of this case, the seriousness of which has informed the
recommendations below, in which respect the Committee acknowledges
the changes that have ready been made and reported to the Audit
Committee.

2.            
That records are maintained for future, current, and
past property assets, and that they be reviewed on an ongoing
basis.

3.            
That the inclusion of liability clauses within
tenancies and contracts with land agencies be
investigated.

4.            
That measures be taken to protect against optimism
bias within the risk management and potential legal
actions.

5.            
That the Council take into account the expediency
and potential consequences of losing a case in court when
negotiating a prior out-of-court settlement.

6.            
Alongside this process, a prudent assessment is made
of the quality of the Council’s evidence and how it might
play in court.

7.            
That an analysis be undertaken of the
Council’s holdings either internally or via an external body
to assess the risk of future adverse possession claims.

8.            
That where it is thought there might be the
possibility of such claims, evidence is gathered and documented at
that point so as to defend the Council’s position, and an
immediate challenge made where necessary.

9.            
That steps are taken to oversee more proactively the
land agencies and other contractors who help manage the
Council’s assets.

10.       
That a further report be made to the meeting of the
Committee on 14 February 2024 detailing the steps taken to
implement the recommendations above.