Issue details

20/00075 - Deed of Surrender and Grant of a new 99-year lease to South East Power Networks (SEPN) at The Abbey School, Faversham

Background Information:

 

This is a lease of 99 years and therefore falls outside of the Delegated Powers set out in KCC’s Property Management Protocol.

 

 ‘The Abbey School (Faversham)’ occupy the land known as The Abbey School under the terms of a 125-year lease dated 13th March 2012.The Secretary of State for Education (the “Secretary of State”) intends to enter into a Design and Build Contract with T&B Contractors Limited to carry out design and construction work relating to The Abbey School, Faversham.

 

A new two storey block (1,491sqm) will be constructed to the east of the site on informal soft landscaping.  KCC, The Abbey School and the School’s Governing Body have signed a “back to back” letter which sought formal agreement that the school and KCC would assist the Secretary of State in fulfilling those obligations that relate to the school’s site and activities. These works require that South East Power Networks (SEPN) dismantle their current electricity sub-station and surrender their existing lease with KCC by deed and take a new 99-year lease to build and maintain a new sub-station, known as a ‘GRP Kiosk’.

 

Options (other options considered but discarded)

There are no alternatives available which would allow the DfE to progress with the project.

 

A new two storey block at this school as part of a DfE project relates to the objective of strategic outcome 1 – Children and young people get the best start in life.

 

Decision type: Non-key

Decision status: Recommendations Approved (subject to call-in)

Division affected: Faversham;

Notice of proposed decision first published: 24/07/2020

Decision due: Not before 5th Aug 2020 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: In order that the proposed decision can be published for a minimum of 5 days, in accordance with statutory requirements

Lead member: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Lead director: Rebecca Spore

Department: Strategic & Corporate Services

Contact: Rebecca Frier, Asset Management Officer - Estates Team Tel: 03000 416113 Email: rebecca.frier@kent.gov.uk Tel: 01622 696981.

Consultees

Has any public consultation been undertaken or is any planned?

Public consultation is not required.

 

Cabinet Committee consultation planned:

Policy & Resources Cabinet Committee on 29th July 2020

 

Have views been sought from local Members? 

No – Local members will be advised and offered the chance to comment as part of the normal proposed record of decision publication.

 

Financial implications: A one-off payment “lease premium” of £1.00 (one pound) and a yearly nominal rent of one peppercorn. There is no cost to either the school or KCC, any costs of the new sub-station are for the DfE to meet under their project costs.

Legal implications: Invicta Law is representing KCC in this matter. This is a standard sub-station / kiosk lease to a utility company. KCC’s interests as Head Landlord are protected under the terms of the lease.

Equalities implications: It is not felt that the granting of this lease for a sub-station / kiosk represents any impact on any of the nine areas specified by KCC under its Equality Impact Assessments. EQIA is therefore not required.

Decisions

Agenda items