Purpose

Ivanhoe Road, Thurcroft was a single
residential dwelling. The owner of the property has built another
property on the land at the side within the boundary.  The owner is requesting a release to the
restrictive covenant which limits this legal title to one dwelling.
This will allow the new property to be sold. Approval is sought to
release the restrictive covenant on 1 Ivanhoe Road.
 

Decision

 

ROTHERHAM METROPOLITAN BOROUGH COUNCIL

 

RECORD OF OFFICER EXECUTIVE DECISION

 

Date of Decision:

15/05/2024
 

Title:

Ivanhoe
Road Thurcroft

Decision Maker:
(Including Job
Title)

Kevin Fisher, Assistant Director Property and Facilities
Services
 

Details of Specific Cabinet
Delegation
or Delegation contained in the
relevant Sub-Scheme of Delegation.
 

Decision taken under the powers granted to the property officer
under section 29.12 of the Council’s Financial Procurement
Procedure Rules.
 
Paragraph 29.12.1 states where the estimated disposal value is
less than £100,000 the Property
Officer, having taken financial and legal advice, may arrange
for the disposal of land or property.
 

Decision:

That the Property Officer
approves and negotiates the release of the restrictive covenant in,
in consultation with the Council’s Section 151 Officer and
the Cabinet Member for Transport, Jobs and the Local
Economy.
 

Reasons for the
Decision:

Ivanhoe Road, Thurcroft was a single residential dwelling. The
owner of the property has built another property on the land at the
side within the boundary.  The owner is
requesting a release to the restrictive covenant which limits this
legal title to one dwelling. This will allow the new property to be
sold.
Approval is sought to release the restrictive covenant on 1
Ivanhoe Road. The agreed fee for release is
£45,000
 
 

Details of alternative
options considered and rejected:

Option 1 (Preferred Option) -
That the release of the restrictive covenant is agreed at the
valuation, so the Council would receive the capital receipt and
professional fees and the owners can sell the bungalow which has
already been built.
Option 2 – That the sale is not agreed
- The owner won’t be able to complete on
the proposed sale lawfully as the restrictive covenant will remain
in place.

Conflicts of interest
declared by any Cabinet Member consulted by the decision maker
which relates to the decision:

No
conflicts of interest declared.

Dispensations
Granted:
(If any)

Not
Applicable

Reports or parts of
reports considered

 

 
I
certify that this is a true record of the executive decision to
….
 
That the Assistant Director for
Planning, Regeneration and Transport approves and negotiates the
disposal by agreement of the land identified at Doncaster Gate, in
consultation with the Council’s Section 151 Officer and the
Cabinet Member for Jobs and the Local Economy.
 

 
Signed by the Decision Maker  
Dated:         
15/05/2024
 
Name:
         Kevin
Fisher                              
Job
Title:    Assistant Director Property and
Facilities Services