Decision details

RPLC: University of Southampton proposal (less exempt appendix)

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Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Decision:

1. That it be agreed that the council, as landowner of the River Park Leisure Centre, Gordon Road, Winchester, to enter into an agreement for lease to enable the University of Southampton to progress options for the extension of the neighbouring Winchester School of Art campus on the River Park Leisure Centre site.

2. That the Heads of Terms be agreed as in appendix B of report CAB3324. The Heads of Terms include a five year long ‘stop date’ during which time the University of Southampton will investigate and obtain planning consent for their proposed development.

3. That the land known as The River Park Leisure Centre, Gordon Road, Winchester, as identified within the red line at Appendix A be disposed, to the University of Southampton on a 150 year ground lease subject wholly to obligations set out in the Agreement for Lease.

4. That authority be delegated to the Corporate Head of Asset Management to enter into an Agreement for Lease with the University of Southampton in accordance with the heads of terms. This delegation is subject to agreeing the land price with the University of Southampton in accordance with S123 best consideration provisions and other relevant valuation assumptions.

5. That authority be delegated to the Corporate Head of Asset Management to enter into a ground Lease with the University of Southampton for the disposal of the land (identified as outlined in red in appendix A of CAB3324), such lease to be in accordance with the above-mentioned Agreement for Lease. Disposal is subject to a 150 year Ground Lease to the university, and payment of a capital sum by the university to the council. The capital sum for the disposal is to be calculated having regard to S123 best consideration provisions and other relevant valuation assumptions.

6. That the completion of the Agreement for Lease and the ground Lease, and any relevant ancillary agreements as are necessary to implement the recommendations above be delegated to the Service Lead Legal.

Reason Key: Expenditure > £250,000;

Contact: Geoff Coe, Corporate Head: Asset Management (Interim) Email: gcoe@winchester.gov.uk.

Report author: Geoff Coe

Publication date: 23/11/2021

Date of decision: 23/11/2021

Decided at meeting: 23/11/2021 - Cabinet

Effective from: 03/12/2021

This decision has been called in by:

Councillor Caroline Horrill who writes We the following request that the following key decision be called-in in accordance with Part 4.3 of the Council’s Constitution as we have evidence which suggests that the Executive decision was not taken in accordance with the principles set out in Part 2 of the Constitution (Decision Making). 1.That it be agreed that the council, as landowner of the River Park Leisure Centre, Gordon Road, Winchester, to enter into an agreement for lease to enable the University of Southampton to progress options for the extension of the neighbouring Winchester School of Art campus on the River Park Leisure Centre site. 2. That the Heads of Terms be agreed as in appendix B of report CAB3324. The Heads of Terms include a five year long ‘stop date’ during which time the University of Southampton will investigate and obtain planning consent for their proposed development. 3. That the land known as The River Park Leisure Centre, Gordon Road, Winchester, as identified within the red line at Appendix A be disposed, to the University of Southampton on a 150 year ground lease subject wholly to obligations set out in the Agreement for Lease. 4. That authority be delegated to the Corporate Head of Asset Management to enter into an Agreement for Lease with the University of Southampton in accordance with the heads of terms. This delegation is subject to agreeing the land price with the University of Southampton in accordance with S123 best consideration provisions and other relevant valuation assumptions. 5. That authority be delegated to the Corporate Head of Asset Management to enter into a ground Lease with the University of Southampton for the disposal of the land (identified as outlined in red in appendix A of CAB3324), such lease to be in accordance with the above-mentioned Agreement for Lease. Disposal is subject to a 150 year Ground Lease to the university, and payment of a capital sum by the university to the council. The capital sum for the disposal is to be calculated having regard to S123 best consideration provisions and other relevant valuation assumptions. 6. That the completion of the Agreement for Lease and the ground Lease, and any relevant ancillary agreements as are necessary to implement the recommendations above be delegated to the Service Lead Legal. Five signatories requesting call-in Signatory 1 Caroline Horrill Signatory 2 Hugh Lumby Signatory 3 Sue Cook Signatory 4 Frank Pearson Signatory 5 Stephen Godfrey In calling in this decision we have had consideration of the following: Please tick paragraph(s) which are relevant: i) The decision is outside the terms of reference of the Cabinet, or delegated powers of the decision-maker; or ii) The decision appears to be contrary to, or not wholly consistent with, the Council’s Budgetary and Policy Framework or other Council Policy: or iii) The information contained within the report, and/or considered by the Cabinet (or other decision-maker) was incomplete or inaccurate: or iv) New information has come to light which might cause the decision to be changed; or v) The decision was not made in accordance with the ‘Principles of Decision making’ set out in Article 11 of the constitution or in some other way appears to give rise to significant legal, financial or propriety issues. We are recommending the decision regarding River Park and the intention to “hold it” for 5 years for the University of Southampton prior to leasing it for 150 years is called in and that this matter is time critical. There has been no consultation with residents and councillors regarding the future of the site, contrary to articles on the principles of decision making in the Constitution, that state that decisions of the Council will be made after due consultation and with a presumption in favour of openness. We are extremely concerned regarding what will happen to this community facility, once it is leased to a private commercial organisation who are"

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