Issue - meetings

(Legal & Estates Portfolio Holder) To consider the attached report (C-025-2010/11).

(1)        That the right of pre-emption in respect of the land shown edged thick black on Plan A (attached at Appendix 1 of the report) and edged thick black on Plan C (attached at Appendix 3 of the report), which are part of Epping Forest College, be recommended to the Council for unconditional release; 

(2)        That the full release of the covenant which restricts the use of the land shown edged thick black on Plan A, in return for a side-letter or words in the deed of release with respect to the College providing replacement sports facilities when their funding situation allowed, be recommended to the Council for approval;

(3)        That the delegation of authority to the Director of Corporate Support Services, in consultation with the Portfolio Holder for Legal and Estates, to negotiate any reasonable variation to the covenant restricting the use of the land shown edged thick black on Plan C be recommended to the Council for approval; and

(4)        That the delegation of authority to the Director of Corporate Support Services to agree minor variations to the new covenants, as required, be recommended to the Council for approval.

The Portfolio Holder for Legal & Estates presented a report upon the release of certain restrictive covenants at Epping Forest College in Loughton.

The Portfolio Holder reported that the Council had previously agreed the variation of the restrictive covenants and the release of the right of pre-emption in respect of the Loughton Hall Site, which previously had formed part of the College site. These same provisions affected the land which adjoined the Loughton Hall. The College now wished to sell this land and had requested that the current restrictions on use be changed to allow residential care or nursing home development and/or an education use.  The College had also asked that the Council’s option to purchase the land at full market value (a right of pre?emption) each time the property was sold be released.  The College authorities had stated that they intended to provide sports facilities on a different area of land owned by the College at Borders Lane, and that the local community would have access, when funding became available.

The Portfolio Holder added that the covenant could be released without replacement, or authority could be delegated to the Portfolio Holder, however concerns had previously been expressed by the Members of Area Plans Sub-Committee South about the possible release of the covenant. The report had also suggested the release of the covenant in return for a side-letter or words in the deed of release about the College providing sporting facilities in the future when funding allowed.

Local Ward Members welcomed the suggestion of a side-letter in return for the release of the covenant, and urged the Cabinet to also release the Council’s right of pre-emption. The Portfolio Holder offered a revised recommendation whereby the Covenant would be released in return for a side-letter or words in the deed of release. Authority was also delegated to the Director of Corporate Support Services to agree minor variations to the legal documents so as not to unduly delay the process.

Decision:

(1)        That the right of pre-emption in respect of the land shown edged thick black on Plan A (attached at Appendix 1 of the report) and edged thick black on Plan C (attached at Appendix 3 of the report), which are part of Epping Forest College, be recommended to the Council for unconditional release; 

(2)        That the full release of the covenant which restricts the use of the land shown edged thick black on Plan A, in return for a side-letter or words in the deed of release with respect to the College providing replacement sports facilities when their funding situation allowed, be recommended to the Council for approval;

(3)        That the delegation of authority to the Director of Corporate Support Services, in consultation with the Portfolio Holder for Legal and Estates, to negotiate any reasonable variation to the covenant restricting the use of the land shown edged thick black on Plan C be recommended to the Council for approval; and

(4)        That the delegation of authority to the Director of  ...  view the full minutes text for item 51

(Legal & Estates Portfolio Holder) To consider the attached report (C-031-2009/10).

(1)        That the release of the right of pre-emption in respect of the subject land be recommended to the Council for approval;

(2)        That the release of the right of pre-emption be conditional upon the construction of the new sports facilities when funding becomes available, the means of achieving this to be agreed by the Portfolio Holder for Legal & Estates and the Director of Corporate Support Services;

(3)        That the restrictive covenant in respect of the subject land be released and replaced with a new restrictive covenant permitting residential care home use and education use only; and

(4)        That authority be delegated to the Portfolio Holder for Legal & Estates and the Director of Corporate Support Services to agree any minor variations.

In the absence of the Portfolio Holder for Legal & Estates, the Assistant Director (Facilities Management & Emergency Planning) presented a further report regarding the release of restrictive covenants at Epping Forest College in Loughton. The Council had previously agreed the variation of the restrictive covenant and the release of the deed of pre-emption in respect of the Loughton Hall site. Epping Forest College now wanted to sell adjoining land for residential care home development in order to provide sports facilities for the college, and it was envisaged, the local community as well.

The Cabinet was concerned about the state of the College’s finances and felt that any capital receipt received for the sale of the adjoining land would be used to service the college’s debt rather than to provide new sports facilities. As it was felt that the College should focus upon the provision of education for the young people of the District, the new sports facilities could be provided when funding became available in due course. It was proposed that the current restrictive covenant upon the subject land be replaced by a new covenant permitting residential care home and educational use only, and that any minor variations could be agreed by both the Director for Corporate Support Services and the Portfolio Holder for Legal & Estates.

Decision:

(1)        That the release of the right of pre-emption in respect of the subject land be recommended to the Council for approval;

(2)        That the release of the right of pre-emption be conditional upon the construction of the new sports facilities when funding becomes available, the means of achieving this to be agreed by the Portfolio Holder for Legal & Estates and the Director of Corporate Support Services;

(3)        That the restrictive covenant in respect of the subject land be released and replaced with a new restrictive covenant permitting residential care home use and education use only; and

(4)        That authority be delegated to the Portfolio Holder for Legal & Estates and the Director of Corporate Support Services to agree any minor variations.

Reasons for Decision:

To permit the sale in order to improve the provision of education at the College.

Other Options Considered and Rejected:

To not agree the variation to the deed of covenant and the release of the right of pre-emption.