Exceptions to the general principle
We will publicly advertise any land or property deemed surplus or which a Third Party seeks to purchase in such a manner as to ensure that transparency and cross community coverage are achieved.
However, there may be exceptional circumstances to the norm and these are listed below:
- Where a Northern Ireland government department wishes to acquire an interest in all or part of land or property for a purpose for which it has vesting powers, provided it has obtained the requisite Ministerial approval to acquire and we can obtain similar Ministerial approval for the disposal of same; or where a government department, e.g. Department for Infrastructure or NI Water or service provider, e.g. NIE, BT, has statutory powers to access land to provide services.
- ‘Favoured status’ may be granted to companies/clubs promoting joint enterprises with us or where partnership companies have been formed with us. In such cases the Third Party may be offered land/property at a consideration determined by a valuer without the land/property necessarily being publicly advertised.
- Clubs or organisations deemed to be providing activities which are consistent with our corporate objectives could be granted land/property whereby grant aid significantly or wholly offsets the land valuation.
- Economic development companies could be granted monies to assist in the purchase of land/property provided it is within the parameters of legislative guidance on government aid. This is so as not to create anti competitive assistance.
- Adjoining landowners may be granted ‘favoured’ status where the purpose of the third party was in accordance with council policy for that area.
When availing of the opportunities created under ‘the German Land Deal’ case law.
In cases where open market advertising may not achieve the best consideration, e.g:
a. Sales of small areas of land where there is realistically only one potential purchaser, e.g. an adjoining landowner
b. Sales of land where there is a ‘special purchaser’ for whom the land has a higher value than for anyone else, e.g. ‘a ransom strip’ or ‘key value’
As referred to within this policy all cases where we propose to dispose of an interest in land or property at ‘less than best price or rent or otherwise on the best terms that can be reasonably obtained” Ministerial approval is required.