Issue - meetings

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. 

The Leader welcomed to the meeting Professor Larry Lynch and Mr Jon Walsh from the University of Southampton and also Mr Matthew Hutchings QC who was advising the council.

Councillor Learney introduced the report and in summary, raised the following points:

·         confirmed that its contents took account of the objections received in response to the advertisement for the disposal of open space. 

·         highlighted a correction to the report to clarify that parking at North Walls car park was chargeable. 

·         Proposals for the North Walls park area were agreed at the Winchester Town Forum on 10 November 2021 (report WTF303 refers) and the proposal in this report did not impact on the public aspirations for the park area. 

·         There was no statutory requirement on the council to consult on the disposal of a leasehold and nor has the council made a clear commitment to formal public consultation prior to any disposal of the Site

·         A considerable amount of related consultation had been undertaken by the council over previous years (for example, in relation to the Vision for Winchester and the Local Plan) and the current proposal supported many of the outcomes of previous consultations.

·         Future consultation would be undertaken by the university both in developing their master plan for the campus and as part of the planning application process.

·         The public will not lose a large proportion of the recreation ground

·         The proposal was that the site be used for tertiary education for 35 years which had no bearing on the accessibility of the site.

At the invitation of Councillor Learney, Mr Hutchings QC confirmed that contrary to statements made by the Friends of River Park group (FoRP) in their objections to the notice, the advertisements were legally correct (paragraph 4.5 of the report refers).  In addition, even if the notices were defective, any defect would be cured by further advertisements prior to a decision to appropriate (paragraph 4.6 refers).  Mr Hutchings QC also responded to an observation document submitted by FoRP and advised that FoRP were incorrect in their statement that the University of Southampton will have an absolute right to a lease when they obtain planning permission.  The council has committed to appropriation as a condition and he referred members to paragraphs 4.14 and 4.16 of the report.

At the invitation of Councillor Learney, Professor Lynch confirmed that the university was a charity registered with the Charity Commission and as such is a public research university sealed by Royal Charter.  The university is not a commercial entity, although it operated some commercial activities to fund its charitable purposes.

Councillor Learney summarised that the objections had been carefully considered and included in an appendix of the report.  Taking all objections into account Cabinet needed to consider if this is the right thing to do for the city and district.    She summed up the opportunity to replace the leisure centre building with a high quality and accessible building.  Taking all representations into account Councillor Learney recommended that Cabinet progress with this  ...  view the full minutes text for item 7