Issue - meetings

A request has been received from Wantage Silver Band and Wantage Concords Football Club for a agreement to build / conditional lease which, subject to funding, would create a 99 year ground lease on an area of land measuring approximately half an acre. This land is cross hatched black on the attached plan. Principal terms and conditions for the lease have been provisionally agreed subject to appropriate authorisation.

The position of both organisations as regards funding has not yet been determined. Both organisations will require an agreement to build / conditional lease in order that they may qualify for grant monies. The agreement to build /conditional lease is therefore essentially required to lever in funding by external organisations.   

The main heads of terms are as follows:

·        A nominal rent.

·        The land to be used solely for the construction and subsequent occupancy of a community hall to be used primarily by the Wantage Silver Band in whose name the lease will be granted. A portion of the hall will/may also be used for Wantage Concords as changing rooms.

·        That the premises can be used only for purposes compatible with community or charity use.

·        That a finite period of time be agreed with both organisations for the availability of funding to be confirmed or otherwise. Failing the identification of adequate funding the agreement would effectively fall away.

The land is held via a long lease from Oxfordshire County Council (the Superior Landlord). In addition access to the site will need to be improved to facilitate the construction of the hall.

The grant of a lease(s) will be conditional upon the following:

(i)                 Obtaining the consent of the Superior Landlord to the transaction.

(ii)               Obtaining a satisfactory planning consent (insofar as necessary) for both the Landlord's works (the construction of the access road and possibly ancillary car parking), and the construction of the building. A planning permission was granted on the 13^th December (Application No: WAN/20297).

(iii)             Obtaining the necessary funding for the construction of the building and approval of the funding institution to the transaction. Due to the nature of the various grant funding regimes a commitment to lease is required to qualify for such funding. 

(iv)              Completion or an undertaking to complete the Landlord's works which will include the creation of pedestrian and vehicular access way to the property, and the construction of service conduits to the property insofar as they are not already available.

Agreement as to the precise nature of the landlords works together with the form and extent of the building have yet to be finalised. Landlord works will be funded via Section 106 monies. The Vale’s reasonable valuation and legal costs together with other fees and disbursements will be borne by the Wantage Silver Band. 

Recommendations

(a)               An agreement to build / conditional lease is granted to Wantage Silver Band and Wantage Concords upon the above terms and conditions. The agreement to build / lease to be granted conditional upon sufficient funding being raised to complete  ...  view the full agenda text for item 125

(Time: 3.28pm to 3.30pm)

The Executive received and considered an agenda report regarding a request from Wantage Silver Band and Wantage Concords Football Club for an agreement to build/conditional lease which, subject to funding, would create a 99 year ground lease on an area of land measuring approximately half an acre.  Principal terms and conditions for the lease had been provisionally agreed, subject to appropriate authorisation.  The funding position had not yet been determined.  Both organisations required an agreement to build/conditional lease in order to qualify for grant funding. 

The report set out the main heads of terms which included a nominal rent.  The land was to be used solely for the construction and subsequent occupancy of a community hall to be used primarily by the Wantage Silver Band in whose name the lease would be granted.  A portion of the hall might be used for Wantage Concords Football Club as changing rooms.  The premises would only be used for community or charity purposes.  A finite time period would form part of the agreement for the organisations to secure the necessary funding. 

The Executive noted that the grant of a lease was conditional on obtaining consent of the superior landlord Oxfordshire County Council, obtaining planning consent, securing funding, and creating a pedestrian and vehicular access to the property and providing service conduits.  The Vale’s reasonable valuation and legal costs, together with other fees and disbursements, would be borne by the Wantage Silver Band. 

The Executive considered that the lease should be granted on the terms set out in the agenda.  Members thanked the Head of Property for the progress made.  In answer to a question from a Member, the Head of Property reported that he had not seen a recent e-mail regarding a neighbour's right of access over the land at Tugwell Fields and had requested that a copy document, if it existed, was supplied. 

RESOLVED  (by seven votes to nil)

(a)               that an agreement to build/conditional lease is granted to Wantage Silver Band and Wantage Concords Football Club upon the terms and conditions set out in the agenda report.  The agreement to build/lease to be granted conditional upon sufficient funding being raised to complete the development;

(b)               that authority be delegated to the Chief Executive to vary and or amend the stated terms and conditions as occasion demands;

(c)               that no financial burden falls to this Council in facilitating the scheme; and

(d)               that the precise extent of the land to be leased, particularly in relation to the provision of car parking, be determined once the financial position of the respective organisations becomes clearer, together with such reserved rights as the Council may require.