An Executive decision taken by
the City Mayor on 26 November 2025 relating to a land exchange
arrangement has been the subject of a 6-member call-in under the
procedures at Rule 12 of Part 4D, City Mayor and Executive
Procedure Rules, of the Council’s Constitution.
The procedure rules state that
a scrutiny committee or any five councillors may request formally
that the decision be called-in for a further review by giving
notice in writing to the Monitoring Officer within five working
days of the decision.
The 6 Councillors who signed
the call in were: Councillor Kitterick (Proposer), Councillor
Porter (Seconder), Councillor Rae Bhatia, Councillor Chauhan,
Councillor Westley and Councillor Kennedy-Lount.
The Chair clearly outlined the
process that she would follow in determining how to resolve the
call-in. The Commission was recommended to either:
a)
Note the report without further comment or
recommendation. (If the report is noted the process continues
and the call in will be considered at a future meeting of Full
Council); or
b)
Comment on the specific issues raised by the
call-in. (If comments are made the process continues and the
comments and call in will be considered at a future meeting of Full
Council); or
c)
Resolve that the call-in be withdrawn (If the
committee wish for there to be no further action on the call-in,
then they must actively withdraw it. If withdrawal is agreed the
call-in process stops, the call-in will not be considered at a
future meeting of Full Council and the original decision takes
immediate affect without amendment).
The Chair invited the proposer
of the call-in, Councillor Kitterick, to make their case. The
following points were raised:
- Concerns regarding
the overall value and strategic implications of the proposed land
exchange. While acknowledging that the Council may reasonably seek
to acquire land and pay an appropriate premium, it was argued that
the proposal would result in the Council exchanging a larger area
of land for a smaller site, with additional financial costs to the
Council including paying the Stamp Duty to facilitate the
exchange.
- Concerns were
expressed regarding the valuation assumptions underpinning the
decision, with Councillor Kitterick questioning whether sufficient
weight had been given to the relative size, location and
development potential of the land being disposed of by the Council.
Councillor Kitterick highlighted that there are viable buildings on
site, with there appearing to be a local training college on site
although the revenue lost is unknown and details of the tease term
terminations.
- It was noted that the
land pursued does not seem to have any viable buildings that are
lettable.
- Reference was made to
the strategic importance of the existing land to the St
George’s Street area, including its proximity to the ring
road, the Cultural Quarter and the Phoenix site, and concerns were
raised that the Council could lose long-term control of a key
gateway site.
- Councillor Kitterick
further noted that previous land disposals of the area had resulted
in fragmented ownership and reduced influence over future
development and suggested that a clearer long-term strategy for the
St George's area should be in place before proceeding with the
exchange.
The Chair invited the seconder
of the call-in, to the table to make their case.
Councillor Porter and raised
the following points:
- Questioned whether
alternative options had been fully explored whether the Council
approached the developer and the asked for details on the process,
and whether the Council sought to acquire the land without
disposing of its own assets.
- Reference was made to
the valuations cited within the report on page 21, with concerns
raised about transparency and clarity, including the absence of
certain valuation details and comparative site sizes.
- It was suggested
that, based on indicative calculations, the land being exchanged
may represent a significant different in value, and that further
information should be provided to enable members to assess whether
the proposal represented best value.
- Councillor Porter
emphasised that the call-in was not party-political but was
intended to ensure that the Council had discharged its duty to
taxpayers by fully scrutinising the financial and strategic
implications of the decision.
Councillor Osman entered the meeting and declared no
interests.
The
City Mayor entered the meeting at this point.
The Director presented to the
Commission and highlighted the following points:
- Provided context for
the proposal within the Council's wider regeneration objectives. It
was explained that the land exchange formed part of a broader
strategy for the regeneration of the St George's area, in line with
allocations in the adopted Local Plan and the Council's economic
development and city-centre strategies.
- Officers explained
that the Council had been engaged in a process of land assembly to
enable comprehensive regeneration, similar to the approach previous
taken in the Waterside area. It was stated that the proposed
exchange represented a more proportionate and cost-effective
alternative to compulsory purchase, which would be complex,
time-consuming and potentially more expensive.
- The importance of
securing control over key sites to enable delivery of office space,
improved connectivity and enhanced public realm was emphasised,
particularly given the site's proximity to the railway station,
Cultural Quarter and Phoenix Cinema.
- Officers highlighted
the intention to improve pedestrian access and create a strong
gateway between St George's Street and the Phoenix area, thereby
increasing footfall and supporting wider city-centre
vitality.
- The Director
summarised the Executive Decision involving site B, owned by the
Council, being exchanged for site A owned by Rakal Limited who
intend to develop Site B for apartment housing. The Council intend
to consolidate land already acquired on Site C, establish strong
pedestrian links connecting St Georges St and Queens Street to the
Phoenix Cinema which is a key objective of the decision and has
Department for Transport funds allocated for this.
The Director responded to the
first Call-In question:
“The plot of land the City Council is giving up is clearly
larger than the received plot of land we are receiving in
exchange”.
- The Director
highlighted that site B has a series of trees and a root area which
is a non-developable area. Once the TPOs and root protection areas
are discounted from site B, the developable area of the two sites
are similar.
- Plot A is now
demolished and has a higher land value per acre than Plot B, which
still requires demolition at cost as buildings still remain on the
plot.
- The Director referred
to 'marriage value' noting that the Council owning Plot C, the
value of plot A is enhanced through the consolidation of adjoining
sites which provides further options and is more flexible, compared
to the current arrangement where a road separates sites B and
C.
- The Director shared
that the two independent valuers took these factors into
consideration with external professional advice being taken
throughout the process.
- It was explained that
the differences in site size needed to be considered alongside
constraints, including the presence of protected trees, route
protection areas, existing buildings and tenancy
agreements.
- It was further noted
that the negotiated payment had been reduced from £195,000 to
£180,000 and that the private landowner was under no
obligation to sell the Council.
The Director responded to the
second Call-In question:
The
Plot of land the City Council is giving up has at least one tenant
who appears to be in situ “Wise Origin”, yet no
reference is made to the loss of rental or legal tenancy issues
that may be involved in this transfer. The council is giving up a
number of other buildings which appear to be in a poorer state of
repair but may be viable for future rental. This compares with the
land we are acquiring which has no buildings in place, with the
site have been recently cleared.”
- The Director
responded that the Council-owned land currently had no tenants and
contained buildings in poor condition where there would be a
significant cost to bring these into use to comply with modern
building standards.
The Director responded to the
third Call-In question:
“The gateway to Phoenix could have been further enhanced
had the City Mayor not sold the freehold of 50 St Georges Street
for £1”
- The director
responded that the proposed pedestrian access gateway to the
Phoenix can be constructed within the existing highway boundary to
achieve a consistent width (c12m) with the first phase of
pedestrianisation on St George Street and emphasised there is no
need for further land and objectives can be achieved as the
adjacent footpath is wide enough.
The Director responded to the
fourth Call-In question:
“The plot to be swapped fronts onto the Inner Ring Road,
so the use, quality and design of any building in this location
will be at least as important to the development of the area if not
more so.”
- The Director
responded that high quality design is expected throughout this
regeneration area and will be controlled by the planning authority
through the usual development management process.
The Director responded to the
fifth Call-In question:
“The plot to be swapped is adjacent to the Inner Ring Road
so it fetters any further changes to the layout of access to the St
Georges area from the ring road in this location”
- The Director
responded that the regeneration scheme for the area will not
require any changes to Southampton St and Queen St adjoining the
ring road
The Director responded to the
sixth Call-In question:
“The loss of 50 St Georges Street and Plot B mean that
there is only a relatively narrow pinch point in the City Council's
control between the two plots of land in developing the ambition
for an attractive entrance to the Phoenix when entering from the
Railway Station part of the City Centre.”
- The Director
responded that the width of the highway/footpaths here is c12m,
consistent with the first phase of the St George Street
pedestrianisation and sufficient space for good quality
access.
Councillor Kitterick responded
by reiterating that while the case for acquiring land had been
clearly articulated, concerns remained regarding the disposal of
Council-owned land and the loss of long-term control over a
strategically important site. It was suggested that reliance on a
private developer to deliver wider regeneration outcomes carried
risk, and that future development intentions could
change.
The Chair asked if the proposer
wished to withdraw the call-in. It was noted that the proposer
wished for the call-in to proceed.
Councillor Kitterick left the meeting at this point.
Members of the Commission
discussed the report which highlighted the following
points:
- Members of the
Committee sought clarification on the relative size and constraints
of the sites, the proposed pedestrian access arrangements, and how
the exchange aligned with planning and regeneration policies.
Officers confirmed that areas subject to tree preservation orders
and route protection were taken into account in the development
value calculations, and that the proposed pedestrian route could be
delivered without the need to acquire additional land.
- In response to
questions on design and quality, officers confirmed that any
further development would be subject to the Council's normal
planning processes, with expectations of high-quality design
consistent with council’s policies. Officers also confirmed
that the regeneration proposals would not require changes to the
ring road as they adjoined Southampton Street or Queen
Street.
Councillor Cassidy moved that,
following the points raised during the meeting, the call-in be
withdrawn. This was seconded by Cllr O’Neill, and upon being
put to the vote the motion was CARRIED.
The
City Mayor left the meeting at this point.