Agenda item

To consider objections and comments received in respect of the potential disposal of public open space and to approve the principle of various property transactions and contractual arrangements required to facilitate the extension of the sixth form facility at Clacton County High School and improvement of public open space at Rush Green.

Decision:

RESOLVED that Cabinet –

(a)   having considered the objections and comments received, as set out in Appendix D to the Portfolio Holder’s report, in respect of the potential disposal of public open space, agrees that the loss of public open space is outweighed by the provision of a new extended school facility and by the provision of a dedicated sixth form education facility in the District;

(b)   approves, in principle,:

a.    the freehold disposal of land at Vista Road, Clacton-on-Sea, as shown edged red on the plans in Appendix A, for the purposes of educational provision, relying on the General Consent Order for the reasons set out within the report;

b.    the freehold acquisition of land at Rush Green Clacton-on-Sea, as shown edged red on the plans in Appendix B, for the purposes of public open space;

c.    the granting of rights for access and installation and use of services in the Council’s retained land at Vista Road;

d.    the revision and extension of an existing shared use agreement related to changing rooms in order to include grass and artificial pitch areas;

e.    the Council entering into an umbrella agreement with Essex County Council in order to encompass the foregoing to then secure funding from Essex County Council for various improvement works in return for the various rights granted and Tendring District Council’s undertaking to procure and carry out key improvement works at the Vista Road site;

(c)   authorises officers to procure, contract and carry out the key improvement works and such other works that are shown on the plans and listed at Appendix C and other improvements that are considered necessary by the Corporate Director (Operational Services), subject to the sufficiency of funding;

(d)   authorises the Deputy Chief Executive and the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Corporate Finance & Governance, to enter into the necessary legal agreements to deliver this project.

 

Minutes:

Councillors G V Guglielmi, P B Honeywood and M E Stephenson each declared a personal interest during the discussions on this item insofar as they were also Elected Members of Essex County Council.

 

The Cabinet gave consideration to a report of the Corporate Finance and Governance Portfolio Holder which enabled it to consider objections and comments received in respect of the potential disposal of public open space and also consider whether to approve, in principle, the various property transactions and contractual arrangements required in order to facilitate the extension of the sixth form facility at Clacton County High School and the improvement of public open space at Rush Green.

 

Members were reminded that Tendring District Council (“TDC”) owned the freehold of land including Clacton Leisure Centre and the Vista Road Recreation Area. The land lay adjacent to Clacton County High School in Walton Road, Clacton-on-Sea (“CCHS”).  CCHS was an Academy school under the umbrella of Sigma Trust (“ST”).

 

In addition, TDC owned the freehold of land including Rush Green Bowl and the Rush Green Recreation Area. That land lay adjacent to the Tendring Education Centre site formerly known as Bishops Park.

 

It was reported that Essex County Council (“ECC”) had approached TDC with a proposal to expand and improve secondary education in Clacton and in the District by expanding CCHS in order to accommodate additional 11-16 year olds and by creating a new sixth form facility.

 

Cabinet was informed that in order to meet space requirements ECC needed to expand the CCHS site in order to accommodate the additional pupils.  ECC had therefore requested that a defined area of land be transferred from TDC to ECC with the intent that it would then be transferred to ST for the purpose of the extending the education facility, in a manner yet to be finalised.

 

Members were advised that as the land in question was held by TDC as public open space and recreation land a public notice had been published (as required by section 123 of the Local Government Act 1972) advertising TDC’s intention to dispose of the land.  Responses received at the time of printing the Portfolio Holder’s report were attached as Appendix D to that report and consideration of those responses were set out in the body of the report.

 

Cabinet was made aware that discussions between ECC and TDC officers had led to a proposal that included:

 

  1. TDC transferring the land identified off Vista Road, shown edged red in Appendix A to ECC;
  2. ECC transferring the land identified off Jaywick Lane, shown edged red in Appendix B to TDC;
  3. TDC granting rights of access to ECC and ST for construction access, general access and installation and use of services in the car park and access roads adjoining the Leisure Centre and School sites;
  4. ECC, TDC and ST entering into a revised joint use agreement currently related to the football changing room but proposed to encompass:
    1. a revision in relation to the changing room;
    2. regulation of the use and management of the car park and access;
    3. facilitation of public use of the area transferred to ECC at Vista Road outside of school hours;
    4. facilitation of the use, by ST during school hours, of the all-weather pitch owned by TDC;
  5. ECC transfering a sum of money to part fund the replacement of the all-weather pitch and fund the various improvement works at both of the locations as indicated on the plans save for the potential multi-purpose building which would be subject to separate TDC business case; and
  6. TDC being obliged to procure and carry out all of the key improvements and would at its discretion use the remaining funds to carry out the other improvements indicated on the plans.

 

Members were reminded that the existing all-weather pitch, parking and various other features at the sites were in need of some investment and refurbishment.  The aforementioned proposals would enable TDC to assist with the facilitation of educational improvements as well as taking a more holistic view of the potential upgrading of facilities both at Vista Road and at Rush Green.

 

Members placed on record their appreciation to the Head of Property Services (Andy White) and his Team for their excellent work in bringing this matter to such a successful conclusion.

 

Having considered the information provided in the report and appendices and, in particular, the financial, risk and other implications, the legal advice provided by Officers and the public representations received in response to the public notice:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

 

RESOLVED that Cabinet –

(a)   having considered the objections and comments received, as set out in Appendix D to the Portfolio Holder’s report, in respect of the potential disposal of public open space, agrees that the loss of public open space is outweighed by the provision of a new extended school facility and by the provision of a dedicated sixth form education facility in the District;

(b)   approves, in principle,:

a.    the freehold disposal of land at Vista Road, Clacton-on-Sea, as shown edged red on the plans in Appendix A, for the purposes of educational provision, relying on the General Consent Order for the reasons set out within the report;

b.    the freehold acquisition of land at Rush Green Clacton-on-Sea, as shown edged red on the plans in Appendix B, for the purposes of public open space;

c.    the granting of rights for access and installation and use of services in the Council’s retained land at Vista Road;

d.    the revision and extension of an existing shared use agreement related to changing rooms in order to include grass and artificial pitch areas;

e.    the Council entering into an umbrella agreement with Essex County Council in order to encompass the foregoing to then secure funding from Essex County Council for various improvement works in return for the various rights granted and Tendring District Council’s undertaking to procure and carry out key improvement works at the Vista Road site;

(c)   authorises officers to procure, contract and carry out the key improvement works and such other works that are shown on the plans and listed at Appendix C and other improvements that are considered necessary by the Corporate Director (Operational Services), subject to the sufficiency of funding;

(d)   authorises the Deputy Chief Executive and the Corporate Director (Operational Services), in consultation with the Portfolio Holder for Corporate Finance & Governance, to enter into the necessary legal agreements to deliver this project.

 

 

Supporting documents: