FOR SALE BY TENDER / CONDITIONAL OFFER ON BEHALF OF DEVON COUNTY COUNCIL

Fairlea Care Home Chope Road Northam Bideford Devon EX39 3PP Site Area Approximately 0.53 hectares ( 1.31 acres) CARE HOME WITH POTENTIAL FOR SOCIAL CARE USES OR RESIDENTIAL USE SUBJECT TO THE GRANT OF PLANNING PERMISSION AND LISTED BUILDING CONSENT agency and estates management:  commercial agency  planning consultancy  land surveying  rating and valuation  estate management  compulsory purchase  rural management

Closing Date for Tenders / Offers 27th July 2016

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E-mail:

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Contact: Mark Reynolds Tel: 01392 351193 [email protected]

partnerships and joint ventures integrated design services surveying and maintenance management and consultancy agency and estates management

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NPS Group, Venture House, Bittern Road, Sowton Industrial Estate, Exeter EX2 7LW

www.nps.co.uk

Fairlea Description A Care Home currently laid out with 31 bedrooms on a site of approximately 0.53 hectares ( 1.31 acres ). Originally built circa 1870s as a detached house of two storeys with attics and a basement, of stone wall / slate roof construction, and adapted into a residential home for the elderly in 1957 and extended in the 1960s and modernised in the 1990s. The original part retains its impressive midVictorian architectural features and the property is a Grade 2 Listed Building. Situated within an established sought after residential area close to local shops and facilities with views over Northam / Bideford. The property offers possible opportunities for social care uses, residential use or conversion to other uses, subject to planning permission and Listed Building consent. Site Area The property to be sold extends to an area of approximately 0.53 hectares ( 1.31 acres) as shown by red edging on the site plan included in these particulars. The gross internal area of the existing buildings is in the region of 1470 m2 Planning The property offers a range of uses (subject to planning permission and Listed Building consent) which could be social care uses, residential use or other uses. Interested parties should make further enquires in relation to planning from Torridge District Council on telephone no. 01237 428700. Services Mains water, gas, electricity and drainage are available in the vicinity. Council Tax Band F. Tenure

The property is available freehold with vacant possession on completion. The property will be transferred with all items of furniture and equipment present at the date of completion. Viewing Strictly by Appointment with the NPS Group.

Formal Tender

Health and safety Care must be taken whilst viewing to avoid accident or injury. Save for death or personal injury caused by their negligence, neither NPS Group nor the Vendor shall accept any responsibility for any loss or damage, howsoever caused, whilst viewing the property and you are deemed to have accepted the terms of this disclaimer by entering onto the site. VAT Interested parties are advised that the County Council has confirmed (where it is able and not required by law) it will not take any steps to waive the exemption from VAT in respect of the Property prior to completion of the purchase. Method of sale Interested parties are invited to submit Formal Tenders for the property and/or Offers Conditional upon the Grant of Planning Permission for their proposed development. A Tender Information Pack may be obtained from NPS South West Ltd at a cost of £10 per pack which contains property information and the Form of Tender. The procedures for the submissions of Formal Tenders and/or Conditional Offers is outlined below. Parties submitting Formal Tenders and Conditional Offers will be notified whether they have been successful within 15 working days of the Closing Date. Please note the Special Conditions of Sale outlined below.

This is an unconditional offer which should be submitted to the County Solicitor, Room G23 County Hall, Topsham Road, Exeter EX2 4QD using the Form of Tender, in an envelope marked “Tender for Fairlea – Closing Date 27th July 2016” but not bearing any indication of the name or mark indicating the sender including by franking, to be received prior to 12 Noon on the 27th July 2016. If a Formal Tender is accepted, completion of the sale will take place on the date stated in the Special Conditions below. Formal Tender envelopes will be held unopened until the Closing Date. Offer Conditional upon the Grant of Planning Permission. Conditional Offers should be submitted to the County Solicitor, Room G23 County Hall, Topsham Road, Exeter EX2 4QD in an envelope marked “Conditional Offer for Fairlea - Closing Date 27th July 2016” but not bearing any indication of the name or mark indicating the sender including by franking, to be received prior to 12 Noon on 27th July 2016. Conditional Offer envelopes will be held unopened until the Closing Date. For Conditional Offers it will be a requirement that Offerers submit a Pre-Application enquiry to the Local Planning Authority within 6 weeks from the date of being advised that they are successful with their bid. A copy of the enquiry must be sent to (and received by) the NPS Group within 7 days of submission. If such an enquiry is not submitted to the Local Planning Authority, or a copy is not received by the NPS Group within these timescales, then the County Council reserves the right to offer it to another interested party or place the property back on the market.

If the Vendor decides to accept a Conditional Offer in preference to a Formal Tender, the prospective purchaser would be invited to enter into a contract including the provisions set out in the attached Heads of Terms for Contract for Sale. A copy of the draft Conditional Contract is included in the Tender Information Pack.

Formal Tenders and Conditional Offers must be accompanied by the information set out below: GENERAL INFORMATION: 1. Evidence of the Offerer’s financial standing and ability to proceed. 2. Plan / address details of any other property in the vicinity belonging to the Offerer and details of existing and proposed uses for that land. 3. Any other information or proposals of which the Offerer considers that the County Council may wish to be aware when considering the offer. ADDITIONAL INFORMATION RELATED TO THE OFFERER’S INTENDED USE OF THE PROPERTY: (A) If Use as a Care Home / Nursing Home is Proposed: 1. Details of the Offerer’s track record and experience in operating and managing such facilities and name and address of any other such facilities operated by the Offerer. 2. Details of number and categories of registered beds to be provided. 3. Anticipated timescale for securing CQC registration and opening to residents. 4. Details of any alterations / adaptations proposed. 5. Details of any additional social care activities to be carried on at the property. 6. Proposed bed rates and any other financial information the Offerer may wish to provide in relation to their proposals, eg estimated cost of any intended alteration works.

and completion of construction works and estimate of the reasonable costs of obtaining planning permission for the proposed use. 5. Estimated costs of obtaining planning permission. 6. Estimated Planning Obligation Costs as defined in item 3 of the Heads of Terms for Conditional Contract of Sale. It will be assumed that these Costs have been deducted to arrive at the price offered. 7. Financial appraisal indicating the estimated costs of proposed works, operating costs, proposed charges etc. (C) If Residential Development or Conversion to Dwellings is Proposed: 1. A layout plan showing the intended development and a statement of the number and type of dwellings / units to be provided. 2. Copies of any site investigation reports / consultants’ reports obtained that may be relevant in evaluating the bid. 3. Details of any discussions with the Planning Authority indicating support for the proposals. 4. Estimated timescales for submission of any planning applications, grant of planning permission and completion of construction works and estimate of the reasonable costs of obtaining planning permission for the proposed use. 5. Estimated costs of obtaining planning permission. 6. Estimated Planning Obligation Costs as defined in item 3 of the Heads of Terms for Conditional Contract of Sale. It will be assumed that these Costs have been deducted to arrive at the price offered.

(B) If Another Social Care Use, Non-residential or Commercial Use is Proposed:

Important Notices

1. Details of the intended use and descriptions / sketches showing any development proposals, copies of any feasibility studies demonstrating the viability of the proposals and compliance with statutory requirements. 2. Evidence of the Offerer’s expertise and track record in carrying out developments of the kind proposed. 3. Details of any discussions with the Planning Authority indicating support for the proposals. 4. Estimated timescales for submission of any planning applications, grant of planning permission

1. The particulars are intended to give a fair and substantially correct overall description for the guidance of intending purchasers and do not constitute part of an offer or contract. Prospective purchaser(s) ought to seek their own professional advice.

NPS Group for themselves and for the vendors of this property whose agents they are give notice that:

2. All descriptions, dimensions, areas, reference to condition and if necessary permissions for use and occupation and their details are given in good faith and are believed to be correct. Any intending purchaser(s) should not rely on them as statements or representations of fact but must satisfy themselves by inspection or otherwise as to the correctness of each of them. 3. No person in the employment of NPS Group has any authority to make or give any representation to warranty, whether in relation to this property or particulars, nor to enter into any contract relating to the property on behalf of the Vendor.

4. No responsibility can be accepted for any expenses incurred by any intending purchaser(s) in inspecting making further enquiries or submitting offers for the property that has been sold, let or withdrawn. 5. The vendors do not undertake to accept the highest or any of the tenders or offers received. 6. Devon County Council is obliged under the Proceeds of Crime Act 2002 and the Money Laundering Act 2003 and 2007 to verify the identity of the purchaser of any description whenever a transaction involves accepting a total payment of approximately £10,000 or more. Misrepresentation Act 1967

The property is sold with all faults and defects whether of condition or otherwise and the Vendor is not responsible for any such faults or defects, or for any statement contained in the particulars. The Purchaser shall be deemed to acknowledge that he has not submitted his offer in reliance on any of the said statements, that he has satisfied himself as to the content of each of the said statements by inspection or otherwise and that no warranty or representation has been made by the Vendor or its servants or agents in relation to or in connection with the property. Any error, omission or mis-statement in any of the said statements shall not entitle the Purchaser to rescind or to be discharged from the contract, nor entitle either party to compensation or damages, nor in any circumstances give either party cause for action.

OFFER CONDITIONAL UPON THE GRANT OF PLANNING PERMISSION Heads of Terms for a Contract of Sale 1) That the land to be sold shall comprise the area of land shown for identification purposes edged red on the plan. 2) That at their own cost, the purchasers shall submit an application for detailed planning permission for the development of the land in accordance with the proposed scheme, within 4 weeks of exchange of contracts and shall diligently pursue the subsequent negotiations with the Planning Authority as quickly as reasonably possible and within time limits provided in the planning legislation to secure planning consent on reasonably acceptable conditions, including the negotiation of a S106 Agreement, if applicable. The purchaser shall supply to the vendor copies of the planning application and the certificate of grant of permission and all relevant correspondence with the Planning Authority and shall keep the Vendor and their agent informed at all stages during the planning process. Prior approval of the vendor shall be obtained to the conditions of any draft S106 Agreement and the purchaser shall ensure that the agreement prior to signature is conditional upon the implementation of any planning permission and shall ensure the vendor is not liable for any breach of the agreement once it has parted with its interest in the property. The contract will not provide for an appeal to be submitted in the event that planning permission is refused. 3) The sale price shall be the higher of the following: i)

If the Actual Planning Obligation Costs exceed or equal the Estimated Planning Obligation Costs – The Current Bid, or

ii)

If the Actual Planning Obligation costs are lower than the Estimated Planning Obligation Costs – The Current Bid plus the difference between the Estimated Planning Obligation Costs and the Actual Planning Obligation Costs, or

iii)

The Market Value of the property at the date of grant of planning permission with the benefit of the planning permission and subject to the terms and conditions contained in any S106 Agreement. Upon completion of a sale based on market value, the Vendor will pay to the purchaser an amount equal to the purchaser’s reasonable costs of obtaining Planning Permission, providing that the net amount which the vendor shall receive is not less than the higher of the amount calculated under 3(i) or 3(ii) above.

Definitions Actual Planning Obligation Costs is the actual amount of the payments required to be made to the Local Authorities and Statutory Undertakers under the terms of a S106 Agreement and/or any CIL relating to the development of the land in accordance with the proposed scheme. The purchaser shall covenant to minimise any such costs. Estimated Planning Obligation Costs is the estimated amount of the payments required to be made to the Local Authorities and Statutory Undertakers under the terms of a S106 Agreement and/or any CIL relating to the development of the land in accordance with the proposed scheme. 4) That in the absence of agreement between the parties, the Market Value under item 3(iii) above or any other matter of dispute over the interpretation of the contract including as to whether any planning permission obtained is on conditions reasonably acceptable, shall be referred to an appropriate Independent Expert. 5) That the purchaser shall not be permitted to assign the contract. 6) A deposit of 10% of the estimated total sale price shall be payable on signing the contract which shall be returnable in the event that the sale is not completed by the longstop date because planning permission has not been obtained on conditions reasonably acceptable to the parties. Completion of the sale shall take place on the date stated in the Special Conditions below following the grant of planning permission.

7) The contract may be rescinded by either party in the event that planning permission has been refused or granted on terms which are not reasonable or in the event that the planning application has not been determined by the long stop date. 8) The contract shall contain such other terms and considerations as the Vendor’s Solicitor deems appropriate. Each party shall bear its own costs in the matter.

SPECIAL CONDITIONS OF SALE - FORMAL TENDER AND OFFER CONDITIONAL UPON THE GRANT OF PLANNING PERMISSION 1. In the event that the sale proceeds on the basis of an unconditional tender, the Completion Date shall be 31st August 2016, providing that the Vendor shall be entitled to defer the completion date by up to 21 days. 2. In the event that the sale proceeds by way of an offer conditional upon the grant of planning permission, the Completion Date shall be 21 days after the grant of planning permission.