Cygnus Academies Trust occupy the majority of the property known as Westgate Primary School, Dartford, under the terms of a 125-year lease granted in 2016, when the School converted to an Academy. Part of the Primary School building has been occupied for over ten years by the adjoining Dartford Science and Technology College, which obtained Trust status in 2014. The College Trust need to be granted a lease of the accommodation occupied, having regard to their change of status.
Options (other options considered but discarded):
This Decision ensures that the County Council’s granting of the lease accords with the 2007 Regulations and regularises the College’s occupation of the County Council’s retained accommodation within the Primary School.
Decision type: Key
Decision status: Recommendations Approved
Division affected: Dartford West;
Notice of proposed decision first published: 14/08/2020
Decision due: Not before 28th Sep 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 28 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: Andrew White, Estates Surveyor Tel: 03000 416825 Email: email@example.com.
Has any public consultation been undertaken or is any planned?
Public consultation is not required.
The College Trust are supportive of taking a long lease of the accommodation and have approved the initial terms for the lease. The Academy Trust are aware the accommodation retained by the County Council from the Academy Lease granted in 2016 is to be formally leased to the College, and the terms of the lease replicate existing working arrangements on site, therefore neither party will be compromised upon completion of the lease to the College Trust.
Cabinet Committee consultation planned: This decision was considered and endorsed at the Policy & Resources Cabinet Committee on 11 September 2020.
Have views been sought from local Members?
The Local Member has been formally consulted with regard to the proposed granting of the lease.
Financial implications: A peppercorn rent per annum. The College Trust shall be responsible for maintenance and repair of the interior of the accommodation they occupy. The Academy Trust are currently responsible for maintenance and repair of the accommodation in accordance with their existing Academy Lease. Each party to bear its own costs of the granting of the lease upon completion.
Legal implications: Invicta Law is representing KCC in this matter. The premises subject of the proposed lease was previously owned by the County Council and held for and used by the College. As the College obtained Trust status in 2014, they are entitled by Law to claim an estate interest in the premises. Having regard to the location of the premises, on the second and third floor levels of a four storey building, it would be inappropriate for such accommodation to be owned by the College Trust, therefore a long lease would be more appropriate on this occasion.
Equalities implications: It is not felt that the granting of this lease represents any impact on any of the nine areas specified by KCC under its Equality Impact Assessments. EQIA is therefore not required.