Purpose

Under the School Standards and
Framework Act 1988, Schedule 3, Part 2 the Council became obliged
to transfer any part of a school which has been built upon Council
owned land to the trustees of the school.  Gee Cross Holy Trinity Primary School is
converting to an Academy. During due diligence, it was discovered
that part of the school had been extended onto the Council’s
land and should have transferred to the Academy Trust in accordance
with legislation.

 

The Council is now required to
transfer the land forming parts of the school shown edged red on
the Plan at Appendix 1
to Cheser Diocesan Academies Trust
before the school can convert to an Academy.

Content

DETERMINED:

 

To dispose of the
Council’s freehold interest in land shown edged red on the
Plan at Appendix 1 for nil consideration to Chester Diocesan
Academies Trust. 

Reasons for the decision

Under the School Standards &
Framework Act 1998 (the Act) (Schedule 3, Part II, paragraph 4) the
Council is required to transfer land upon which play facilities or
buildings have been constructed and which is held or used by a
local authority for the purposes of the school to the governing
body, the foundation body or the trustees of any school that falls
within the remit of this legislation. The land is to be transferred
for nil consideration, to be held by them for the purposes of the
school.

The disposal facilitates compliance
with this statutory obligation.

Alternative options considered

To decline the request from the
Academy Trust to transfer the part of the school built on the
Council’s land. To do so would be contrary to the School
Standards & Framework Act 1998.