OFFICER DECISION

Decision:   Acquisition and sale of Land at George Stephenson House, York to provide Land Holding to Implement Station Improvement Project, York.
Decision Date: 2 November 2023
Type of Decision: Director                                      Key								Non-Key	X
Portfolio Area that decision relates to:
Leader (inc Corporate Services, Policy, Strategy & Partnerships)			Environment and Climate Emergency
Economy & Transport		X	Finance, Performance, Major Projects & Equalities
Children, Young People and Education			Children, Young People & Education
Health, Wellbeing and Adults Social Care			Housing, Planning & Safer Communities
Background: The York Station Gateway scheme requires the acquisition of a parcel of land which is jointly owned freehold by Jarvis House Trustee Limited and Mondial Limited (together referred to as “Canada Life”) shown coloured pink and brown Plan 1 below at George Stephenson House in order to complete the delivery of the scheme (“the Acquisition Land”). The Acquisition Land (and the remainder of the site of George Stephenson House) is subject to a lease to Network Rail Infrastructure who physically occupy such. The provisions of a proposed ‘Tripartite Agreement’ between the respective parties (CYC/Network Rail/Canada Life) have been agreed and entered into. CYC would be granted a right of way over the part of Canada Life’s retained land shown coloured blue on Plan 1 whilst in turn Canada Life’s retained land would have the benefit of a right of way over the part of the Acquisition Land shown coloured brown on Plan 1. In return for getting the freehold ownership of the Acquisition Land the Council would: (1) Pay Canada Life an agreed sum +VAT (the Council will also be liable to pay Stamp Duty Land to HM Revenue & Customs upon the Council becoming the owner of the Acquisition Land); (2) Transfer to Canada Life freehold ownership of an area of land near Toft Green shown edged red on Plan 2 below (“the Disposal Land”) (which Canada Life already hold a long lease of) Network Rail would surrender their current lease of the Acquisition Land but CYC would grant NR short term leases of parts of the Acquisition Land comprising: (i) The site of ‘Ivy Cottage’ (a small building used by NR for storage) (ii) An area used by NR for parking of vehicles (iii) Site of existing bicycle shed used by NR (iv) Site of existing refuse bins store used by NR CYC’s contractors would (at CYC’s cost): (a) Construct a new replacement bicycle shed for NR on part of Canada Life’s retained land (b) Construct a new replacement bin store for NR on part of the Disposal Land (c) Demolish the bike shed and bin store currently standing on the Acquisition Land Plan 1 Plan 2 The relocation of NR’s existing bicycle shed and existing bin store forms part of the Improvement Works scheme to be undertaken by the Council’s contractors. A small single story brick built former signal facility and known as “Ivy Cottage” will be leased back to Network rail for a duration commensurate with their current lease which expires in 2030. This is not needed for the improvement works. The freehold title to the Acquisition Land (and of Canada Life’s Retained Land) is registered at the Land Registry under title number NYK211111. The register of title for that title number indicates that the land in this title number (including therefore the Acquisition Land) is stated to be subject to the rights granted by a ‘Lease of Easements’ dated 28^th September 1998 made between (1) British Railways Board and (2) Racal Telecommunications Limited for a term commencing on 28^th September 1998 and expiring on 31^st March 2119 (“the Lease of Easements”).  Unfortunately, the Land Registry has been unable to supply the Council with a copy of the Lease of Easements.  The solicitors acting for Canada Life say they/Canada Life do not hold a copy either.  Accordingly, the Council is unable to ascertain the provisions of the Lease of Easements, such as either the nature of the rights granted to the tenant/grantee therein or the nature and location(s)/route(s) of any telecommunications apparatus within the Property pursuant to that Lease of Easements.  The Canada Life land to be acquired is funded from the budget provided by West Yorkshire Transport Fund and Transforming Cities Fund as set out in the Executive decision of 26^th November 2020
Options Considered: Do nothing/ Do not purchase the land, which would result in the Station Gateway project not being able to proceed on the basis as previously reported.
Options Rejected: Do nothing/ Do not purchase the land.
Consultation Process: A detailed public consultation was carried out in 2018 to inform the planning process and the scheme subsequently received full planning permission (19/00535/FULM) and listed building consent (19/00542/LBC) for the whole masterplan scheme including the demolition of Queen Street Bridge and construction of the new highway at ground level. The planning submission outlined which parcels of land were required for delivery of the scheme and an acquisition strategy. Permission to proceed with the land acquisition was approved by City of York Council Executive in a decision dated 26^th November 2020.
Implications
Crime & Disorder		Equalities					Highways		X
Human Resources		Legal			X		ICT
Financial		Affordability					Property		X
Climate Change		Health					Other
Environment		Human Rights
Implications Contact Brendan Murphy Senior Transport Project Manager
Level of Risk: Very High The transfer of the Canada Life land is critical to the successful delivery of the Package 2 highways delivery elements of the scheme. Achieving acquisition of the land prior to start of delivery is critical to protecting the delivery programme of the works and retaining funding for the scheme. The Transforming Cities Fund element of funding has a claim time limit of April 2024.
Wards Affected:
All Wards	Fishergate			Holgate		X		Rural West York
Acomb	Fulford & Heslington			Hull Road				Strensall
Bishopthorpe	Guildhall			Huntington & New Earswick				Westfield
Clifton	Haxby & Wigginton			Micklegate		X		Wheldrake
Copmanthorpe	Heworth			Osbaldwick & Derwent
Dringhouses & Woodthorpe	Heworth Without			Rawcliffe & Clifton

Comments/Observations: Decision: To acquire and dispose of Land at George Stephenson House, York to provide Land Holding to Implement Station Improvement Project, York.
Decision Made by: Brendan Murphy Senior Transport Manager Contact Details:  07768 124275  brendan.murphy@york.gov.uk
On behalf of: Neil Ferris, Corporate Director of Place
To be implemented by:  Brendan Murphy Senior Transport Manager
On Completion – Signed off by: Neil Ferris Corporate Director of Place	Date: 02.11.23