Decision

Decision made to instruct Legal Services to grant a lease to the Trust in accordance
with Heads of Terms agreed (which may be subject to minor amendment) under the
Council’s Community Asset Transfer Policy

Reasons for the decision

The Trust currently occupies its building under a lease with the Council dated 1982 which was for an original term of 21 years.

The current rent paid under the lease is £2,000 pa on full repairing and insuring terms. Although the lease has expired it is considered that the K&ACT has a protected tenancy given the length of period they have remained in occupation after lease expiry in 2003.

Negotiations for a new lease failed in 2012. They recommenced in 2021 when Heads of Terms for a new lease were proposed, but there was no firm commitment by the Trust as they were undertaking a review of assets including a possible alternative location for the museum.

In November 2024 the Trust submitted a request for a CAT via formal application. The terms for the CAT are largely standard and in short they include the following:

• 125 year lease
• Peppercorn rent
• Cessation of Use Clause (enabling Landlord orTenant to Break the lease if the use ceases)
• Tenant responsibility fo rall repairs, outgoings and insurance The basis of the CAT request is:
• To enable investment in the building with the security of a longer-term lease of the building.
• To secure funding from other funders more readily with greater certainty of long-term occupation
• To enhance the facilities and consolidate K&ACT’s archives into the building from
K&ACT’s other site in Caen Hill (not owned by the Council)

Estates initially raised the request for a CAT through the Council’s Asset Gateway Group (AGG). The recommendation agreed by the AGG, was that the property be offered to K&ACT as a CAT leasehold transfer (subject to the CAT application process, required approvals, including by Cabinet).

Subsequently, following the CAT policy process an Area Board decision of 6th October
2025 the Devizes Area Board voted unanimously to support K&ACT’s application.

Under the CAT policy property is regarded as a Strategic Asset (Category 1) within the policy defined as having a value in excess of £250k or identified to fund a strategic corporate project and requires Cabinet approval.

A decision by Cabinet to approve the disposal (by way of a long lease) was made following the Cabinet Meeting of 20 January 2026 (Appendix 1), and this Officer Decision is to enable Legal Services to draft and complete the lease to the Trust. The Terms agreed are set out in the Heads of Terms in Appendix 2.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution:

Key decision requirements: NA

Views of relevant cabinet member(s), committee chairman, area board(s): Yes – Agenda item at Cabinet Meeting of 20 January 2026. Previously approved at Devizes Area Board meeting 6 Oct 2025.

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers): NA

Consultation in accordance with the council’s consultation guidance and the views emanating from that process: Yes – Cabinet Report included scrutiny and consultation in accordance prior to inclusion in Cabinet meeting of 20 Jan 2026.

Implication of any council policy, initiative, strategy or procedure: Yes – Transfer of the property is in accordance with Community Asset Transfer Policy.

Staffing, financial and legal implications: Yes – considered within Cabinet Report. Loss of income from rent weighed against community benefit of transfer and long term repair liabilities for the Council.

The assessment of any associated risks in accordance with the Council’s risk management strategy: Yes – considered in Cabinet Report

Involvement of appropriate statutory officers and/or corporate directors and directors: Yes – as per the Cabinet Report

Regional or national guidance from other bodies where relevant: NA

The council’s constitution, including the Procurement and Contract Rules (Part 10) and the Financial Regulations and Procedure Rules (Part 9), all relevant guidance, legislation, codes of practice, and protocols: Yes – Cabinet Decision following recommendation by Area Board.

Alternative options considered

Not to grant a lease as fully explored in the Cabinet report. The hiatus in agreeing a new short-term lease with K&ACT may continue, which is in neither party’s best interests, and sustainable lease terms for both parties may continue to be difficult to agree.