On Monday 22 February 2010, the City Development Committee were asked to meet "as a matter of urgency" to discuss in private, excluding the press and public, "Excambion of property at Blackness Road". We understand this refers to the city council's discussions with the Al-Maktoum Foundation to exchange part of the grounds (stages 1 and 2) of St Joseph's for the Logie site (which the council originally owned and sold to Al-Maktoum in 2004), as well as the sale of the remainder (stage 3) of St Joseph's grounds once the school building is vacated.
Papers circulated earlier last week had cancelled the Committee meeting stating, "there is no outstanding business which cannot be dealt with at a later date", and we could not understand the urgency, so we asked the city council the following questions. The response from Roger Mennie, Legal Manager, and Patricia McIlquham, Depute Chief Executive (Support Services) are included below, and West End councillors have confirmed that these may be shared with the public.
Q1. Why does this item needs to be "considered as a matter or urgency...in view of the timescales involved"?We would like to take this opportunity to thank the West End councillors who took these questions forward on our behalf, and to the council officers for their prompt reply. Let's hope this is the beginning of more open dialogue with the council.
A. The proposed terms for the excambion have only just been concluded and the parties wish to proceed as soon as possible. The report could not have been drafted in time for the usual notice to be given for the meeting [on Monday] - hence the Convener agreed that the item be considered as a matter of urgency in terms of Standing Order 17(b).
Q2. What is the nature of the "exempt information" that will be involved?
A. The exempt information is as defined in paragraph 6 (information relating to the financial or business affairs of any particular person (other than the authority) and paragraph 9 (any terms proposed or to be proposed by or to the authority in the course of negotiation for a contract for the acquisition or disposal of property) of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
Q3. What would be the specific reasons under which the Committee "may resolve...that the press and public be excluded from the meeting for the undernoted item"?
A. The reasons are as identified in paragraphs 6 and 9 aforementioned.
Q4. Why is this excambion being tabled before planning consent has been sought and how can it proceed when there is a school using the facilities?
A. The excambion will be conditional on planning permission being obtained. The legal documentation to be entered into will ensure that the new school is built before the transfer of ownership takes place.
Q5. What assurance can be given that the city council actually owns the land at St Joseph's and is entitled to complete the excambion? Was any part of the land gifted by people through bequests and are there any conditions that restrict the terms of its disposal?
A. The Title Deeds have been examined and there is nothing in the way of conditions or burdens which would prevent the intended sale and use of either piece of ground.
Q6. Why is the land not being offered to the open market, to ensure best value for public funds?
A. The two areas of land have been valued independently by the District Valuer having regard to open market value to ensure that the Council is receiving value for money.
Have the Council produced or have they been asked to produce copies of the District Valuer's reports?
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