Agenda item

(Finance, Performance Management and Corporate Support Services Portfolio Holder) To consider the attached report (C/007/2007-08).

That the release of the Restrictive Covenant at Loughton Hall, Epping Forest College be deferred until the next meeting of the Cabinet.

The Finance, Performance Management and Corporate Support Services Portfolio Holder presented a report concerning the release of a restrictive covenant at Loughton Hall, Epping Forest College. The Portfolio Holder informed the Cabinet that in 1952 a covenant had been placed on the site, limiting its use to educational purposes only. In addition, it was also believed that a right of pre-emption existed whereby any disposal of part of the college site should first be offered to the Council at the current market value. Chartered Surveyors Montagu Evans had advised the Council back in 1998 that if it refused to release the covenant then the matter could be referred to the Lands Tribunal, who would most likely agree to the release.

The Portfolio Holder reported that Epping Forest College had been granted planning permission to redevelop the campus, but that this had been linked to the refurbishment of Loughton Hall. Loughton Hall was a Grade II listed building but had been allowed to fall into a state of disrepair. The Hall had been offered for sale on the open market and a bid had been received to use the Hall as a residential care home; a planning application for such a change of use had been received and approved. As a result, the College had approached the Council to amend the covenant in order to permit the proposed residential care home use, subject to a restriction against use for residential dwellings.

The Leader of the Loughton Residents’ Association informed the Cabinet he understood that a further bid for the Hall had been received with the intention to provide a Musical Academy at the site. It was felt that this could represent a better community use for the site than the proposed residential care home, as the beds would not necessarily be for the exclusive use of local residents, and the Cabinet was requested to refuse the release of the covenant. Other members also supported the proposal put forward by the Loughton Residents’ Association, and felt that the Council should guide the College towards their preferred solution. The Cabinet were also informed that the Area Plans Sub-Committee ‘A’ had only agreed the change of use for the Hall to a residential care home, as there were no other proposals for consideration at that time. However, there was now the possibility to use the Hall as a Music Academy, which it was claimed would dovetail with the nearby Acting School, E15.

The Acting Principal Valuer reported that the Residential Care Home scheme had planning permission, but required the current covenant to be changed. Loughton Hall was still for sale on the open market and it was confirmed that a bid had been received from the Music Academy. Although the Cabinet felt that the release of the covenant would not affect the Hall’s possible use as a Music Academy and that the Hall itself was liable to decay further if the covenant was not released, it was agreed to defer the release of the current covenant affecting Loughton Hall until the next meeting of the Cabinet.

            Decision:

That the release of the Restrictive Covenant at Loughton Hall, Epping Forest College be deferred until the next meeting of the Cabinet.

Reasons for Decision:

To allow further time for the Music Academy proposal to be developed.

Other Options Considered and Rejected:

To release the covenant as recommended by the report, although it was likely that the covenant would be lifted by any appeal to the Lands Tribunal, which would not necessarily impose a further condition that the site not be used for residential dwellings.