Legal & Property Services Information Bulletin — Issue No. 25, September 2005
Service Plan
The Department’s Service Plan for 2005-2006 was approved by the Performance Panel and this will form the basis for the work of the Department over the coming year. The Council’s objectives are clearly references in the Plan together with challenging targets for staff to meet those objectives.
Conveyancing
Contracts have been exchanged for a sale of land at 18-20 Ash Street Tyldesley
Sales of land at Petticoat Lane Ince for housing development and the sale of a reversionary interest at Kirkless Street and Cale Lane New Springs have taken place.
Unit 13 Rosebridge Court Ince and Unit 11 Butts Court Leigh have been let on behalf of the Development Company
During August 42 Right to Buy properties have been sold.
Common Law
Judicial Review
On 27th July 2005 the High Court in London refused an application made by a local resident for Judicial Review of the planning permissions granted by the Council for Leigh Sports Village. In addition, the Judge refused to allow the local resident to appeal further to the Court of Appeal. This is a very pleasing outcome to a long-running matter.
Prosecutions
The Anti-Social Behaviour Act 2003 and the provisions of the Education Regulations 2004 empower designated Local Education Authority officers, Headteachers and the Police to issue a Fixed Penalty Notice to the parents or carers of pupils who have unauthorised absence from school. If payment is not received in full within the timescale the Local Education Authority is obliged to prosecute the mother under Section 444(1) of the Education Act 1996. The first of these prosecutions has been successfully brought.
There have been a number of successful Benefit Fraud prosecutions also.
Travellers
There have been a number of unauthorised encampments at Hemfield Road Ince. In the most recent incident a warrant was required to enforce the Court Order.
Traffic Orders
A number of temporary orders to enable sewer works, carriageway resurfacing works and to enable street parties commemorating V E Day 60th Anniversay have been made.
Work is progressing on a number of permanent traffic orders throughout the Borough.
Trees
Orders protecting trees at various sites throughout the Borough have been made including:-
- Greenway, Ashton in Makerfield
- Hooten Lane, Leigh
- Bickershaw Colliery Recreation Club
- Pemberton Road Winstanley
- Shevington Lane, Shevington
- Romford Place, Hindley
Contracts
Work is progressing on a number of schemes including one at Hindley Leisure Centre
Ombudsman
15 complaints are currently being investigated by the Ombudsman. 10 matters have been or are being dealt with under the Council’s own Complaints Procedure. One of these has been referred back to the Ombudsman and is now being investigated by her. The Ombudsman has notified us of 11 complaints which she does not intend to pursue because they (a) fall outside her jurisdiction (b) local settlements have been reached or (c) the Ombudsman is satisfied with the Council’s response and decided that no further investigation is necessary.
Asset Management Services
Major Projects Update
Joint Service Centre PFI Bid
It is gratifying to report that an announcement has been made by the Office of the Deputy Prime Minister, that Wigan has been chosen as one of only six bidders who it would support to receive PFI Credits to facilitate the construction of a Joint Service Centre to include new Library and Swimming Pool facilities. The total level of support in PFI credits it is proposed to give the Council is £64.6m.
Wigan Pier Regeneration Project
I have also been able to advise Cabinet upon the completion of a Development Agreement with Nuttall Construction Limited, which prompted a start on site on the prestigious Regeneration Project for Trencherfield Mill and its surrounds.
This Project includes the construction of a new Performance Venue and refurbishment of part of the Mill and to create an Arts Centre.
Construction on this new facility is expected to begin in Spring 2006.
Leigh Sports Village Project
The Council has been delighted to learn that the Department, in consultation with the Legal Team for the Greenbank Partnership, has successfully responded to the application made for a Judicial Review of the planning consent granted for the Leigh Sports Village Project and the application to the Judge was denied.
This decision has given momentum to the Project and all parties are now working expeditiously to complete the legal formalities, which will permit a start on site in the Autumn. In anticipation of this Project commencing the Council has also authorised works on the creation of the six new sports pitches at Howe Bridge Sports Centre.
Asset Management Update
Land Disposal Decisions
The following disposals have been agreed by Cabinet.
- The sale of the former Atherton Baths to facilitate residential development. The sale proceeds are ring-fenced for the Wigan Active Initiative.
- Agreement to the disposal of part of Maypole Industrial Estate, Abram and the creation of a secondary access road to facilitate regeneration of the estate for residential development.
- Cabinet gave approval to the joint marketing of the former site of 77-79 Downall Green Road, Ashton for residential development.
Corporate Asset Management Plan 2006
Cabinet approved the Corporate Asset Management Plan 2005 which sets out the actions being undertaken to maximise the contribution that the Council’s land and property assets make to the delivery of corporate and service objectives. It is a CPA requirement for the Council to have an up to date Asset Management Plan.
Development of a Corporate Property Strategy
Cabinet also approved the development of a Corporate Property Strategy that, within the resources available, seeks to improve the performance of our operational buildings in contributing towards service delivery objectives.
Phase 1 (initial assessment of building performance) has been completed. Phase 2 (detailed analysis and option appraisal) is now underway with the aim of producing a property action plan that will identify measures to improve the performance of the operational buildings portfolio.