Reason for the Decision:
The proposal involves the granting of a lease term in excess of 20 years which requires a Key Decision in accordance with the County Council’s Property Management Protocol.
Background:
The previous lease of the premises has expired, and RNLI are currently “holding over” in accordance with the provisions of the Landlord and Tenant Act (1954).
Given the expiry of the old lease and that The Lifeboat Station in Margate requires updating to better meet the operating needs of the RNLI, KCC and its tenant need to agree terms for occupancy going forward.
RNLI were granted planning permission by Thanet District Council for proposed extension and refurbishment works on 3 July 2023, so timely agreement of terms and completion of the new lease are required.
RNLI provide “emergency service” to both the sea-faring community and recreational users of the local beaches.
Options considered:
1. Obtain vacant possession
2. Continue under a “holding over” arrangement
3. Grant a new lease.
4. Sale of site to RNLI
The parties mutually favour the granting of a new lease, subject to agreeing terms.
Decision type: Key
Reason Key: Expenditure or savings of more than £1m;
Decision status: Recommendations Approved
Division affected: Margate;
Notice of proposed decision first published: 07/09/2023
Anticipated restriction: Part exempt - View reasons
Decision due: Not before 6th Oct 2023 by Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Reason: To allow the required 28 day notice period under Executive Decision arrangements
Lead member: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services
Lead director: Rebecca Spore
Department: Growth, Environment & Transport
Contact: David Easthope 03000 41 40 33.
Consultees
This matter was considered at the Policy and Resources Cabinet Committee on 19 September 2023, where the proposed decision was endorsed
Financial implications: Terms for a new lease will include a revised rent. Each party will bear its own surveyors fees and legal costs associated with this matter.
Legal implications: None other than KCC will be entering into a new lease with its tenant in accordance with the Landlord and Tenant Act. External legal advisors will be appointed as appropriate, in consultation with General Counsel.?
Equalities implications: An Equality Impact Assessment (EqIA) has been completed and it is not felt that this decision presents any impact on any of the nine areas specified by KCC.