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The Vale of Glamorgan Council

Cabinet Meeting: 5th October 2015

Report of the Cabinet Member for Children's Services and Schools

Granting of Lease at Cadoxton Primary School, Barry to Cadog's Corner Development Group

Purpose of the Report

1.    To request that Cabinet approve the granting of a lease to Cadog's Corner Development Group to develop and manage a community café in a building located at the edge of the Cadoxton Primary School site, Barry.

Recommendations

1.    That the Head of Legal Services be authorised to undertake the required statutory notification regarding the proposal to enclose the existing public open space to be enclosed within the school grounds of Cadoxton Primary School and that the outcome of the consultation is reported to and determined by the Director of Learning and Skills in consultation with the Cabinet Member for Children's Services and Schools. .

 

2.    That, subject to recommendation 1 above, the Section 151 Officer, in consultation with the Director of Learning and Skills and the Leader of the Council, be authorised to agree terms and conditions for the lease with Cadog's Corner Development Group.

 

3.    That, subject to recommendations 1 and 2 above, the Head of Legal Services be authorised to enter into all necessary documentation or agreements in order to complete and execute the lease.

Reasons for the Recommendations

1.    To comply with the legal requirements of Section 123 (2A) of the Local Government Act 1972.

 

2.    Subject to the outcome of the statutory consultation, to allow the Cadog's Corner Development Group to occupy and develop the site and benefit from a grant to enhance the facilities and meet the charity's objectives.

 

3.    Subject to the outcome of the statutory consultation, in order to complete the lease.

Background

2.    In May 2014 the Learning and Skills Directorate was approached by Cadoxton Primary School regarding a proposal by the Cadog's Corner Development Group to develop a café within an existing under used building on the edge of the school site for use by the local community (as shown on the plan attached at Appendix A).  The headteacher and governing body support the proposal.

 

3.    The Cadog's Corner Development Group is a registered charity whose main objective is to advance the education and training of young people in the Cadoxton area of Barry. The group is aiming to achieve these objectives through the creation of a community café to include IT and internet access and to provide training opportunities through the provision of workspace and facilities. The group has developed a business case that demonstrates the sustainability of the proposed development.

 

4.    The Cadog's Corner Development Group has been awarded a £500,000 capital grant from the Welsh Government to extend the existing former packed lunch hall to create an IT suite and open hall with associated administration rooms with access directly from Church Road.  A lift will be installed in the building to provide full access to the upper level.  A fence segregating the café from the school has been included within plans so that users of the café will not have direct access to the school grounds or school pupils so that child safe-guarding is maintained.

 

5.    The proposed design for the community café received planning consent on 19 March 2015 (Planning Application reference 2015/00082/FUL).

Relevant Issues and Options

6.    The proposal from the Cadog's Corner Development Group is to extend the former packed lunch hall to the rear of the building on land adjacent to the car park. The land is under the remit of the Learning and Skills Directorate but is currently unfenced and is accessible to the public. The land is legally designated public open space and will require a statutory public consultation process to be completed before it can be enclosed.

 

7.    In order to allow the Cadog's Corner Development Group to access the Welsh Government capital grant a minimum 10 year lease period is required.

Resource Implications (Financial and Employment)

8.    All costs incurred in drafting and negotiating the lease will be met by the Cadog's Corner Development Group.

 

9.    All capital and revenue costs associated with the construction and running of the community café are to be met by the Cadog's Corner Development Group, supported by the Big Learning Company, a not for profit organisation which support initiatives such as this .

 

10.    It is proposed that the property be leased to the Group on a peppercorn rental basis in order to assist the group with the financial viability of the project.  The agreement will stipulate that any profits achieved from the running of the facility will be reinvested into the building or in the furtherance of the charitable objectives of the Group (i.e. the advancing education and training for young people in the Cadoxton area of Barry).

Sustainability and Climate Change Implications

11.    The extension of the building will and refurbished building will meet modern building standards to reduce carbon emissions.

 

12.    There are no other sustainability or climate change implications arising from this matter.

Legal Implications (to Include Human Rights Implications)

13.    Section 123 (2A) of the Local Government Act 1972 requires notice to be given of a Council's intention to dispose of land consisting or forming part of an open space, and consider any objections to the proposed disposal.

 

14.    The Council has a statutory duty pursuant to S123 of the Local Government Act 1972 to secure the best consideration that can reasonably be expected to be obtained.  Albeit that there are exceptions to the statutory duty. In order to be financially viable the Cadog's Corner Development Group has requested that the lease is granted on the basis of a peppercorn rental.  

 

15.    Under the General Disposal Consent (Wales) Order 2003 the Local Authority may dispose of land, including by way of lease, at less than best consideration if in the interests of the economic, social or environmental well-being of all or part of the Local Authority area. The objects of the Cadog's Corner Development Group charity are considered to meet the criteria set out in the above order.

Crime and Disorder Implications

16.    The object of the Cadog's Corner Development Group is to promote social inclusion within the local community.  This project should have a positive impact on crime and disorder levels in the local area.

Equal Opportunities Implications (to include Welsh Language issues)

17.    There are no equal opportunities implications arising from this matter.

Corporate/Service Objectives

18.    To achieve the optimum use of property assets.

Policy Framework and Budget

19.    This is a matter for executive decision by Cabinet.

Consultation (including Ward Member Consultation)

20.    Ward members are currently being consulted.  

Relevant Scrutiny Committee

21.    Corporate Resources.

Background Papers

None

Contact Officer

Mark Haynes        School Planning and Buildings Manager

Officers Consulted

Paula Ham        Head of Strategy, Community Learning & Resources

Victoria Davidson    Operational Manager, Legal Services

Lorna Cross        Strategic Estates Manager

Anne Brown        School Organisation Manager

Responsible Officer:

Jennifer Hill        Director of Learning and Skills

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