Done a bit of reading on this and it seems pretty clear from what I have read that the council should have conducted a proper sales process.
Basically it has to be made available to everyone and advertised for sale.
The relevant things seems to be section 123 of the 1972 Local Government Act which requires councils to achieve best value. One of the pieces I read said that as a result of various past cases it was generally accepted that they way to ensure a council met its obligations was to:
- obtain a market valuation;
- being placed on the market for an adequate length of time (3 months was the suggested minimum);
- sale advertised in the appropriate local, national and international publications.
If something was found to have been sold at below value that's where state aid and the European Commission seem to come in. They offer their own advice on how to avoid state aid implications:
- when it is repeatedly advertised over a reasonably long period (two months or more) in the national press, estate gazettes or other appropriate publications and through real estate agents addressing a broad range of potential buyers, so that it can come to the notice of all potential buyers. The intended sale of land and buildings, which in view of their high value or other features may attract investors operating on a Europe-wide or international scale, should be announced in publications which have a regular international circulation. Such offers should also be made known through agents addressing clients on a Europe-wide or international scale;
- open and unconditional bidding procedure, comparable to an auction, accepting the best or only bid; or
- an independent evaluation should be carried out by one or more independent asset valuers prior to the sale negotiations in order to establish the market value on the basis of generally accepted market indicators and valuation standards
It seems some councils have tried to defend an undervalue sale on non-financial grounds, for example regeneration, there is not a single example I can find of that working.
From what I have read I can easily see the initial JR failing but the sale of ACL to was and the extension of the lease seem not to be anywhere close to following the correct procedure. Of course I'm far from an expert and I'm sure there's lots of detail only the experts know.