Purpose

Proposed
decision:
Approval for Kent County Council to grant a
Lease in excess of 20 years to Sheldwich Primary School for development,
occupation and use of a new permanent Pre School building to be
located within the grounds of the School.. Authority to be
delegated to the Director of Infrastructure to be authorised to
finalise terms for this transaction.
 
The Cabinet Member will be asked to:-
 

1.   
Agree that Kent County Council grant a Lease in excess of 20 years
to Sheldwich Primary School for
development, occupation and use of a new permanent Pre School
building to be located within the grounds of the School,
 

2.   
Authorise the Director of Infrastructure to finalise terms for the
granting of the Formal Lease.  
 
Reason for the
Decision:
Proposed granting of a Formal Lease over 20
years requires a Key Decision in accordance with the County
Council’s Property Management Protocol.
 
Background:
The School obtained Academy Status in
2010.  The County Council leased all its
freehold land held for and used by the School to the Academy Trust
and retained land which was occupied by a separate Pre School
provider.  The Pre School provider
vacated the County Council’s land a few years later, and at
the request of the former Director of Education, the School were to
be granted a lease of under 20 years to use and occupy the County
Council’s retained land for Pre School purposes, which has
been successful for the Trust.
 
A demountable building located on the retained
land is reaching the end of its economic life, despite considerable
investment into its repair and maintenance by the Trust
.  It is desired by the Trust to erect a
permanent Pre School building on the site, in a location which is
partially within the demise of the existing Academy Lease and
partially within the County Council’s retained land.
 
To attract funding for development of a
permanent Pre School building, the Trust will need to be granted a
lease of over 20 years.  The
Trust’s operation of a Pre School at this location is well
supported and has been very successful. 
 
A small part of the County Council’s
retained land will be included within the proposed long lease; the
residue of the site will be leased to the Trust for breakfast and
after school club activities, currently operated from the school
hall.  Relocation of these uses onto the
residue of the County Council’s land will enable the hall to
be used for more traditional educational uses.      
 
Options Considered:
 
Three locations were considered for the
project but due to site constraints the proposed location is such
that it will be the easiest to implement and ensure the remainder
of the School’s operational requirements are
maintained.     
 
How the proposed
decision supports the Framing Kent's Future - Our Council Strategy
2022-2026:  
This decision supports Framing Kent’s
Future – Our Council Strategy 2022-2026 as the decision gives
opportunity for an enhancement in school facilities, supporting
KCC's commitment to maintaining its strategic role in supporting
schools in Kent to deliver accessible, high-quality education
provision for all families.  
 
Legal
Implications:
In accordance with the Property Management
Protocol, proposed leases of over 20 years require Members to
delegate authority to the Director of Infrastructure to authorise
the terms for such leases.  On this
occasion, a lease of over 20 years is desired by the Trust in order
that it can source and attract funding streams to enable a
permanent Pre School building to be built within the grounds of the
Academy.
 
Half of the land required for the replacement
Pre School setting is already within the Trust’s existing
Academy Lease.  For the proposal to
succeed, a small part of the County Council’s Retained Land
will need to be included within any new lease to the Trust, on
terms and conditions which are consistent with ground leases
granted by the County Council to Pre Schools at its maintained
School sites.
 
The decision to grant such a lease on a small
part of the County Council’s Retained Land at this site is a
voluntary decision.  The Trust’s
Pre School at this site has been very successful within the last 10
years and it is anticipated this will be enhanced by the granting
of a long lease for the development of a permanent Pre School
building. 

Decision

The Deputy Leader and Cabinet Member for
Finance, Corporate and Traded Services agree to:

1.   
that Kent County Council grant a Lease in excess of 20 years to
Sheldwich Primary School for
development, occupation and use of a new permanent Pre School
building to be located within the grounds of the School; and

2.   
delegate authority to the Director of Infrastructure, in
consultation with the Deputy Leader and Cabinet Member for Finance,
Corporate and Traded Services to take necessary actions, including
but not limited to entering into relevant contracts or other legal
agreements, as required to implement this.