Decision details

A land transaction in respect of the River Park Leisure Centre (RPLC) site and associated parking area, bowls club and skate park (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 having considered the objections received as a result of the public notice under s123(2A) of the Local Government Act 1972, approval is given to enter into an agreement to dispose of the land known as River Park Leisure Centre, Gordon Road, Winchester, as identified by the red line on the plan at Appendix A (“the Site”) of CAB3342, to the University of Southampton on a 150 year lease.

2. That the Heads of Terms are agreed as set out in Appendix B of CAB3342, subject to an amendment in order to ensure that the skatepark is leased back to the council. The Heads of Terms include a five year ‘longstop date’ during which period the University of Southampton will investigate and apply for planning consent, with the usual public notices, for their proposed development.

3. That authority be delegated to the Corporate Head of Asset Management to enter into an Agreement for Lease with the University of Southampton in keeping with the Heads of Terms and the above amendment in respect of the skate park, including authority to agree the purchase price with The University of Southampton on terms that satisfy S123(2) of the Local Government Act 1972.

4. That subject to further decisions by the council as to the grant of planning permission for the University of Southampton’s proposed campus scheme and as to the appropriation of those parts of the Site required for the scheme, authority be delegated to the Corporate Head of Asset Management to enter into a lease of the Site with The University of Southampton in accordance with the above-mentioned Agreement for Lease.

5. That authority be delegated to the Service Lead Legal the drafting of the Agreement for Lease and the lease, and any relevant ancillary agreements as are necessary to implement the recommendations above.

Reason Key: Expenditure > £250,000;

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

Report author: Geoff Coe

Publication date: 09/03/2022

Date of decision: 09/03/2022

Decided at meeting: 09/03/2022 - Cabinet

Effective from: 18/03/2022

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). Topic: A land transaction in respect of the River Park Leisure Centre (RPLC) site and associated parking area, bowls club and skate park (less exempt appendix) made at the Cabinet meeting on Wednesday 9th March 2022. Decision: 1. That having considered the objections received as a result of the public notice under s123(2A) of the Local Government Act 1972, approval is given to enter into an agreement to dispose of the land known as River Park Leisure Centre, Gordon Road, Winchester, as identified by the red line on the plan at Appendix A (“the Site”) of CAB3342, to the University of Southampton on a 150 year lease. 2. That the Heads of Terms are agreed as set out in Appendix B of CAB3342, subject to an amendment in order to ensure that the skate park is leased back to the council. The Heads of Terms include a five year ‘longstop date’ during which period the University of Southampton will investigate and apply for planning consent, with the usual public notices, for their proposed development. 3. That authority be delegated to the Corporate Head of Asset Management to enter into an Agreement for Lease with the University of Southampton in keeping with the Heads of Terms and the above amendment in respect of the skate park, including authority to agree the purchase price with The University of Southampton on terms that satisfy S123(2) of the Local Government Act 1972. 4. That subject to further decisions by the council as to the grant of planning permission for the University of Southampton’s proposed campus scheme and as to the appropriation of those parts of the Site required for the scheme, authority be delegated to the Corporate Head 5. University of Southampton in accordance with the above-mentioned Agreement for Lease. 6. That authority be delegated to the Service Lead Legal the drafting of the Agreement for Lease and the lease, and any relevant ancillary agreements as are necessary to implement the recommendations above. Five signatories requesting call-in Signatory 1: Cllr Caroline Horrill Signatory 2: Cllr Linda Gemmell Signatory 3: Cllr Sue Cook Signatory 4: Cllr Frank Pearson Signatory 5: Cllr 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. Our rationale is as follows: 1. The authority has not followed the Best Value Statutory Guidance as provided by the Department for Communities and Local Government, which states …To achieve the right balance - and before deciding how to fulfil their Best Value Duty – authorities are under a Duty to Consult (Section 3(2) of the Local Government Act 1999) representatives of a wide range of local persons; this is not optional. Authorities must consult representatives of council tax payers, those who use or are likely to use services provided by the authority, and those appearing to the authority to have an interest in any area within which the autho"

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