PCD 1031 Sale of 128 Catford Hill

PCD 1031 Sale of 128 Catford Hill 

Following MOPAC approval for the disposal and marketing of 128 Catford Hill [PCD583 and PCD986] this paper seeks approval for the disposal of the site on the terms and conditions set out in the restricted part 2 paper.  

The Deputy Mayor for Policing and Crime is recommended to:  

1. In accordance with the current MOPAC Scheme of Consent and Delegation approve the disposal of the freehold interest in 128 Catford Hill  at the value and to the bidder identified in Exempt Appendix 2 following an open market tender process; 

2. Note in this instance the approval of the final sale terms is required from the DMPC as not all the criteria required for a delegated approval by the MPS Director of Property Services have been met;  

3. Note the disposal is consistent with the DMPC Decision – PCD 583 of 30th October 2020 to dispose of the property in principle and market the property for sale; 

4. Note that following previous approval by the DMPC to the sale terms – PCD 986 of 22nd July 2021, the approved purchaser amended its offer and approval to the sale terms to an alternative bidder is now sought; 

5. Note that the capital receipt from the disposal will support the Capital Programme.  

PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE DMPC 

1. Introduction and background 

1. This site was approved for marketing and disposal in October 2020 – PCD583.  MOPAC approved the terms of the sale to the highest bidder on 22 July 2021 – PCD986.  

2. Issues for consideration 

1. The highest bidder amended its offer on 23 July no longer making it the highest bidder.  

2. The MPS recommend that the sale no longer proceeds to the previously approved bidder and instead proceeds to the resulting highest bidder and on the terms identified in Exempt Appendix 2.   

3. In this instance the approval of the final sale terms is required from the DMPC as not all the criteria required for a delegated approval by the Director of Property Services have been met.  Further detail is provided in Exempt Appendix 2.  

4. Property Services consider the disposal of the freehold to the bidder identified in Exempt Appendix 2 achieves value for money having followed an open and transparent marketing and tendering exercise and having sought professional advice from independent property advisors. 

3. Financial Comments 

1. The detail of the expected capital receipt is set out in the restricted section of the report. The sale proceeds will support the 2021/22 capital receipts budget and support the capital programme investment in front line policing. 

4. Legal Comments 

1. The MOPAC has the power to dispose of surplus properties (including land) under paragraph 7 (2) (b) of Schedule 3 of the Police Reform and Social Responsibility Act 2011 (“the Act”). Further, paragraph 7(1) of Schedule 3 of the Act allows the MOPAC to do anything which is calculated to facilitate or is conducive or incidental to the exercise of the functions of the office.  

2. The Deputy Mayor for Policing and Crime may under the MOPAC Scheme of Consent and Delegation approve all disposals of properties with an estimated value of £1 million or above on a case by case basis before the property is marketed and /or dispose of property that is felt to be of an exceptional nature because of the particular sensitivity or because of a particular public interest element.  Following approval, the MPS Director of Property Services may dispose of the property to the highest bidder where the price equals or exceeds the agreed estimate, notifying the MOPAC in writing of the disposal.  As the proposed final sale terms do not meet all the criteria required for a delegated approval by the MPS Director the decision rests with DMPC. 

5. GDPR and Data Privacy 

1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.   

2. The MPS assure that programme does not use personally identifiable data of members of the public, so there are no GDPR issues to be considered.  

6. Equality Comments 

1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. 

2. The MPS state that they consider there to be limited equality or diversity issues arising as a result of the proposed disposal.  The property identified in this paper has no public facing functions, and open market sales making the properties available to all members of the public. 

7. Background/supporting papers 

• Appendix 1 MPS Paper REQUEST FOR APPROVAL TO DISPOSE OF 128 CATFORD HILL FOLLOWING AN OPEN MARKET TENDER PROCESS