Transfer of Land, at various sites in Brixham, to Brixham Town Council

1.            
that the Director of Finance be authorised to dispose of the
Council’s freehold interest in land at Churchill Memorial
Gardens, Berry Head Road, Brixham, Brixham War Memorial, Berry Head
Road, Brixham and Jubilee Gardens, Berry Head Road, Brixham to
Brixham Town Council for £1, with each transfer including
restrictive covenants on the future use of the land and financial
clawback should any of the sites be sold for a higher value at a
future point in time; and 

2.            
that the Director of Finance be authorised to agree and finalise
the detailed transfer terms based on estates and legal advice.

The proposed disposal
of the three identified assets to Brixham Town Council will reduce
Torbay Council’s economic and operational liabilities by
removing associated ongoing operating costs.  Brixham Town Council considers that the long-term
stewardship of these assets is best managed locally, ensuring
decisions reflect community priorities. 
Given the significant local value of each site, the transfer is
expected to enhance accessibility, maintenance, and use for the
benefit of residents and visitors to Brixham.

The Council is not
required to dispose of the assets and could retain
ownership.  However, continued Council
ownership would require ongoing management and incur holding and
maintenance costs.  Disposal would
remove this liability for Torbay Council and enable wider
non?financial benefits through a strategic partnership with Brixham
Town Council.

The decision will come
into force and may be implemented on 26 May 2026 unless the call-in
procedure is triggered (as set out in the Standing Orders in
relation to Overview and Scrutiny).

In February 2026,
Brixham Town Council requested the transfer of Churchill Memorial
Gardens, Brixham War Memorial Garden, and Jubilee Gardens, citing
the benefits of local stewardship aligned with community
priorities.  The request was assessed
against financial, strategic, statutory, and best consideration
criteria, and the sites were identified as surplus with limited
redevelopment potential.  Transferring
the freehold will transfer ongoing liabilities to the Town Council,
reducing Torbay Council’s financial and operational
responsibilities, while safeguarding the gardens’ local
heritage and community value.