ITEM NO: TITLE. OR Street Car Park Consultation. FOR CONSIDERATION BY The Executive on 26 May None Specific STRATEGIC DIRECTOR

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1 ITEM NO: TITLE OR Street Car Park Consultation FOR CONSIDERATION BY The Executive on 26 May WARD STRATEGIC DIRECTOR LEAD MEMBER None Specific Mark Moon, Place Based Service Delivery Keith Baker, Executive Member for Highways and Corporate Affairs OUTCOME The changes summarised in Appendix B will: s closer align the parking service at the country parks with other car parks in the borough provide more efficient enforcement of the Shute End visitors car parks to allow fairer access for residents using the council's services ensure that disabled spaces are more readily available, according to the parking time restrictions of each car park, which are summarised in Appendix C RECOMMENDATION The Executive consider the consultation feedback and approve the variation order as described in Appendix B, except the inclusion of the Dinton Pastures car park off Mohawk Way, in order to meet the increased income target of ElOk against the country parks parking income set out in the Medium Term Financial Plan. SUMMARY OF REPORT This report summarises the results of the consultation on the changes to the Traffic Regulation Order (TRO) governing the council-owned car parks, as outlined in the Executive Minutes, 27 January 201 1, Item 133, resolutions 2 and 5. Three concerns arose from the consultation process. Level of charqe increases at country parks The larger increase in charges was recommended by the Executive in order to recover revenue that will not be achieved through the original proposals for charge increases in the town centres. Although there may be an impact from the level of charge increase at the country parks, the country park teams will monitor the service usage and report to the Executive if a negative financial impact occurs. Additionally, the enforcement powers and charging times have been improved and should ensure better compliance with parking, which may help to offset other potential income losses. The intention of the original charging proposals did not include charging for parking at the small, council-owned car park at Dinton Pastures that serves the Museum of Berkshire Aviation. The consultation indentified the conflict between the legal order in Appendix B and the original intention. The Executive are recommended to not implement charges in this car park.

2 Impact on country park service provision, esp. the local cafe business at California Country Park The impact at California Country Park is likely to be greater than at Dinton Pastures. As one objective in the original charge proposals was to create more consistent pricing across the borough, differentiating pricing at the country park sites may cause further confusion to customers. Impact of parking time restriction on the disabled community The consultation with the disabled communities has shown concerns that the parking time limits for various car parks do not allow them enough time to complete their business and therefore they do not support this change. The town centre car parks offer a variety of waiting times to the disabled community, ranging from 2 hours to unlimited parking, as shown in Appendix C. There are no legal or financial implications for not adopting this change. However, alternative solutions could not be implemented under these changes without impacting on the time scales for achieving the other changes.

3 BACKGROUND The pricing changes to the council's station car parks and season tickets as outlined in the Executive Minutes, 27 January 201 1, ltem 133, resolutions 3 and 4 were advertised via the statutory notice process. This included: a Q Q a Formal notice of the changes advertised in the Wokingham Times and Woodley Chronicle to the general public Formal notices displayed next to the ticket machines in the affected car parks to the general public Formal letter written to Thames Valley Police Formal letter written to Axa Sun Life PIC regarding the Elms Road Multi-storey car park Formal letter written to the impacted Parish and Town Councils and the Chamber of Commerce Formal letter written to South West Trains regarding changes at Winnersh Triangle The changes were enacted on 04 April 201 I, which was 21 days after the notice was advertised. The Road Traffic Act 1984 does not require the council to request, report, or consider objections to changes in charge increases. The pricing changes to the country parks' parking charges and TRO anomalies as outlined in the Executive Minutes, 27 January 201 1, ltem 133, resolutions 2 and 5 were subject to a variation order. A variation order requires a consultation period, as the changes are more fundamental (i.e. changes to parking times). This process involved informing the parties listed above, as well as: Q a Formal letter written to Waitrose regarding Crockhamwell Road car park Formal letter written to the local businesses at the Country Parks E-communication to the Disabled Action Groups The variation order is summarised in Appendix B. The parties notified had 21 days to register in writing (electronic or hard copy) any objections to the variation order. These objections are then considered by the Executive. If the Executive approves the variation order, a notification of the changes will be made on 08/09 June and the changes will be implemented after the 21 days notice period, on 04 July Financial Implications The three month delay in implementing the changes in rates at the Country Parks was caused by: Q Legal resource to draft variation order a Timescale of consultation required by law e Lack of April Executive meeting The predicted income for the Country Park charge increases for was lok. The income lost by the delay is 2,500. However, the cost of bringing in the legal resource in order to meet the 04 April implementation date would have met or exceed this loss. The income increase to the pay and display car park changes will be monitored and are likely to recover the income lost by the delay.

4 ANALYSIS OF ISSUES The results of the variation order consultation are summarised in Appendix A. A summary of the actions that address the objections is included below. Country Parks The objections for the country parks related to the following concerns: r Level of parking charge increases e Impact of parking charge increases on country park services The increase in parking charges at the country parks was higher than the officer recommendation. The larger increase in charges was proposed in order to recover revenue that will not be achieved through the proposed charge increases in the town centres. The parking demand at the country parks is linked to the demand for the facilities, such as fishing, boat hire, golf membership, and a leisure cafes. The feedback from a local cafe business which operates at the California Country Park site is that the charges are not in proportion to the amenities offered and will discourage the current customer base from using the park. Dinton Pastures offers a variety of activities, whereas the California Country Park has a significantly smaller range of attractions. The cafe operator may withdraw on commercial grounds; as a consequence the cafe would have to close if an alternative operator could not be found. This in turn would present an issue around the opening and closing of the toilet facility on this site. Charging different parking rates within the country park sites could cause confusion for customers. Equally, the initial aim of increasing the charges at the country parks was to align the charges more closely with that of the town centres and provide a more. consistent pricing across the borough. The impact of making the parking charge changes will be monitored in terms of the impact on the country parks revenue, usage, and parking enforcement. If the increased rates indicate a negative impact on the usage and finances of the country parks services, these findings will be reported to the Executive with recommendations for an appropriate change in parking charge. The season ticket amounts included in the variation order are those that are currently charged at the country parks. These rates were approved via an Executive Member Decision on May 2!lith, 2006, but were not able to be legally enforced, as they were not included within the TRO. Including the current season ticket charges in the variation order will improve the enforcement of parking and ensure spaces are available to service users. The current season ticket rates also offer a reward to regular users of the country parks services and minimise the impact of the new daily parking rates. The variation order also changes the operating hours for parking at the council's country parks, such that they are aligned with other council owned car parks and the operating times of the country park services. ENFORCEMENT AT SHUTE END AND WELLINGTON HOUSE The current staff parking permit system was agreed by the Personnel Board on September 28, 2010 and enacted on November lst, The impact of staff parking will

5 be reviewed after a year of operation and changes to enforcement will be considered at and enacted after this review. The variation order does change the enforcement of the current parking time limit for free visitors' parking at the council's office at Shute End. The intention is to allow fairer access to visitors using the council's services. DISABLED PARKING WAITING TIMES The schedule within the TRO shows the parking charges and time restrictions for each car park. The time limits are in place to allow all users appropriate access to the facilities near each car park. However, Clause 26 of the TRO states that disabled users are "exempt from any limitation of time within the hours of operation", which conflicts with information in the schedule. In order to legally enforce disabled users who park beyond the time limits of the car park and give fairer access to all disabled users, this clause has been removed by the variation order. The consultation with the disabled communities has shown concerns that the parking time limits for various car parks (summarised in Appendix C) do not allow them enough time to complete their business and therefore they do not support this change. However, the car parking in the town centre, as well as the provision to park on-street, provides a range of parking time limits, ranging from 2 hours to unlimited parking. At a presentation that was made to a disabled action group, a suggestion to increase the amount of disabled spaces in each car park was made. The car parking service can review this provision, but must also balance any parking provision above the statutory disabled parking requirements, which are currently met by the off street car parks, with the needs of the parking availability to all users and the return on the capital asset. FINANCIAL IMPLICATION The Country Park service's car parks fall outside of the remit of the Car Parking Service. In late 2010, the Car Parking Service set-up a monitoring system for the Country Park Service for its car park usage. Due to the lack of historic data, the annual savings from the increase in parking charges was approximated by the Street Co-ordination Manager and Service Account for Place and Neighbourhoods. The amenities provided at Dinton Pastures are generally of a level that the increase in charges is not likely to impact on the income from the services. However, a significant risk to the loss of a cafe and toilet facility at the California country parks exists. This risk must be balanced against the risk of not meeting the ElOk income increase in the Medium Term Financial Plan from parking charges at the Country Parks, if the charges at California Country Parks are not introduced. If the Executive decides not to adopt the changes to the disabled parking times, the financial implication would be negligible, as disabled users do not pay for parking in the council's off street car parks. The availability of disabled parking spaces would be monitored to consider the impact on access to these spaces. LEGAL IMPLICATION - ALTERNATIVE OPTIONS Upon considering this report and consultation feedback, the Executive can approve elements of the variation order in Appendix B or the entire variation order. This would not impact on the implementation timescale of 04 July However, if the Executive wants to change any of the items included in the variation order, a new consultation process would be required, which would delay the implementation date and impact further on the financial outcome.

6 IMPACT ON EQUALITY AND SUSTAINABILITY The impact on both of these areas was considered within the Off Street Car Park Charge Review Executive report discussed on 27 January List of Background Papers Off Street Car Park Charge Review Contact Alison Dray Telephone No Date 9 May Service Place & Neighbourhoods alison.dray@wokingham.gov.uk Version No. 02

7 ~ ~ ~ -~ - ~ -~ -. Appendix A - Review of Consultation ~uhmarv of Comments Received - Related to Variation Order ~ ~~ -- ~. ~ Response on Behalf of Visitors of California Country Park Signatures Earley Town Council -. cn WBC Learning Disability Day Services.- WBC Learning Disability Day Services Date Received 15/03/11 28,04/1 29,04/1 I Summary of Comments I I I surrounding Councils etc. make a charge Reauest to re-consioer the car wark:na charae increases to the co~ncil's Counrrv Parks. eso. impact on those that use the ~addlin~~ool;~etition shows some telephone numbers or town; Main point stated on the petition ' Since the introduction of weekday car park charges, we have seen no improvement to the car park facility, and a decline in the general condition due to pot holes.' I While being broadly in agreement with the proposed Order. I do write, however, to make representation with reference to thk second proposal to introduce a maximum consecutive waiing limit of 30 minutes in any two hour period at the Visitors' Parking Car Park, Council Offices, Shute End. You may not be aware that a number of meetings take place at the Council Offices which require the participation of the Town and Parish Council Officers. While recognising that parking places are for short term visitors' parking, I take the view that attendance at meetings at the invitation of the Borough Council come under the heading of a visitor to your offices. Most of the meetings are greater than 30 minutes in length and this does need to be rec0gnised.b~ the Borough Council. We do not think that the parking in Rose Street car park should be reduced to 2 hours because service users from here regularly go to meetingslevents at the Bradbury Centre. 2 hours is not long enough to get on and off the bus and attend the meetingslevents. If we have to go to another car park not all of us can walk that far and can't be 'dropped off' and 'picked up' as we need to be with staff. We don't always have 2 staff if it's only a small group. Therefore, if the parking is 2 hours it will make it very I wish to make a formal objection to the proposals to remove the unlimited parking and to introduce a charge for disabled person motor vehicles displaying a disabled badge in all WBC car parks listed as parking places. Disabled persons are disadvantages enough in life without being further inconvenienced by further restrictions which are totally unnecessary. Blue badge holders should be allowed to park without charge in all WBC off-street parking facilities, irrespective of whether or not,.

8 - Vl~lseum of Berkshire Aviation Trust 27/04/11 I own the lease for California Dreaming Cafe, at California Country Park. Since the weekday car park charges were introduced a number of years ago, we have seen no improvement to the car park, and in fact the surface has deteriorated significantly. Customers are constantly complaining about the pot holes and general condition of the car park. We recently submitted a petition with several hundred signatures against the charges being increased, and many customers have said they will no longer use the car park, as the previous increase was not value for money and they saw no benefit to the park. The council has also, last year, leased a free car park to the church; Gorse Ride Community Centre which is on the edge of the park. We lost a lot of trade, as the car park is free, with full access to the park and the cafe in the centre subsidised. The council has also funded a huge outdoor play area for the centre. I am unable to compete with the facility and if the car park charges are increased again, I do not see how I can maintain the business. California Country Park has limited facilities and has had very little time or money spent on it. To increase the car park charges would not only mean the loss of my business but the loss of employment to all my staff. I hope this will be taken into consideration; California Country Park cannot cope with the increase in car park charges. Proposed introduction of parking charges at Moor Green Lakes and the Woodley Air Museum car parks I was saddened to see that the council is considering introducing parking charges at these two small car parks. The business case for doing so must be very weak - the capital and support costs will be significant, while the revenue will be fairly low. These car parks are used mainly by dog walkers and bird watchers. Regular dog walkers will be deterred from using the car parks, and either use neighbouring roads and verges, or find open spaces elsewhere in the borough. While the reserves will benefit from the reduced dog contamination, it will put increasing strain on reserves in more urban areas, where parking is less restricted. Speaking personally, since parking charges were introduced at the Lavell's Lake car park, I have simply stopped using it. Whereas I would stop for an hour or so when passing by, I now don't bother. I probably will now think several times before going to Moor Green. I realise that the council is trying to find all sorts of ways of increasing revenue while appearing to maintaining direct taxation levels. This particular initiative should be reconsidered. Incidentally, after considerable effort, I can find no reference to this initiative on the Council website. The Management Committee and Committee of Trustees of The Museum of Berkshire Aviation are most concerned about the above proposal. We would be grateful if you could confirm that Museum staff and visitors will be exempt from such charges shouldthey come into effect. 2

9 i' Comment on Application to Charge for Parking at Dinton Pastures' Car Park off Mohawk Way,Woodley We would like you to consider the possible increase in damage to road verges and the additional safety risks caused by drivers parking in the lane serving our house who are seeking to avoid paying for parking at the Dinton Pastures car park off Mohawk Way, Woodley. iesident We envisage that charging at this car park will mean an increased number of drivers will park on the no-through-road leading to our house to avoid the charge. This will cause damage to the verge edges and if inconsiderately parked could lead to reducing the access width such that emergency service cannot get past to our house. The new charges may also overload the lay-bys in Sandford Lane by drivers avoiding the charge and this could lead to an increased risk of accidents if the overloading lead to cars being parked dangerously. We urge you to consider how to prevent irresponsible parking when reviewing the application and hopeful y to wltndrav~ the proposa to charge for parmg at the Monawk Way car park Theresa Mav has rece ved corresponaence from her aoove const tuent reaararns - - tne M-se-m of Berkshire ~iiation in Woodley. ' iesident - Mr Bamford is concerned that the Council is proposing to introduce charging for all parking at sites in the Woodley area, and that this will reduce the number of people who attend the museum. He is concerned that this may result in the museum no longer being financially viable. I would be grateful if you could look into this issued, and for any reassurance that you could proved to Mr Bamford regarding the Council's intentions. My wife and 1 visited the Berkshire Aviation Museum on Monday 2nd May and were very impressed with the exhibits and the dedication of the people on duty. However, we were very surprised and concerned to see that Wokingham Borough Council propose to introduce parking charges for the small car park adjacent. This seems a very petty thing to do and can only have an adverse effect on the Museum attendance - which is run on a voluntary basis. Please reconsider this action.

10 Appendix B - Variation Order Summary WOKINGHAM BOROUGH COUNCIL ROAD TRAFFIC REGULATION ACT 1984 THE WOKINGHAM BOROUGH COUNCIL (VARIOUS OFF STREET DISTRICT CAR PARKS) VARIATION ORDER Notice is hereby given that the Wokingham Borough Council as Traffic Authority proposes to make a Variation Order under Sections I, 2, 4, 32, 33, 34, 35, 39 and 44 and Parts Ill and IV of Schedule 9 of the Road Regulation Traffic Act 1984 and all other enabling powers the effect of which will vary The Wokingham District Council (Various Off Street District Car Parks) Order The effect of the proposed Order will be as follows: I. To include the Visitors Parking Car Park Council Offices Shute End as a parking place for use by all motor vehicles whose unladen weight does not exceed 60cwt at all hours and on all days for no charge ii. To introduce a maximum consecutive waiting limit of 30 minutes in any 2 hour period at the Visitors Parking Car Park Council Offices Shute End on Monday to Friday iii. To increase the operating hours at California Country Park Visitor Car Park and Dinton Pastures Country Park Visitor Car Park by one hour on all days iv. To speciiy all Car Parks located within Dinton Pastures Country Parks Hurst as Parking Places v. To increase the parking charges at California Country Park Visitors Car Park and Dinton Pastures Country Park Visitor Car Park as shown in the Schedule below vi. To remove the exemption for unlimited parking for disabled persons motor vehicles displaying a disabled persons badge in all the car parks listed as parking places in the Order other than on Levels 1 & 3 of the Elms Road Multi Storey Car Park Wokingham Parking Place California Country Park Visitor Car Park Finchampstead (Off Nine Mile Ride) and Dinton Pastures Country Parkvisitor Car Park Hurst (all accessed off Davis Street) and Dinton Pastures car Parks off Sandford Lane (both sides) and Dinton Pastures car park off Mohawk Way Woodley THE SCHEDULE I Scale of Charges All days between 8:OOam and 6:30pm or Hours of Operation as per column 5 of the Order: 1 Hour Rate - 1.OO 2 Hour Rate Hour Rate - f2.00 All days between 6:30pm and 8:00am No charge Season Tickets: 6 Month: 43:00; 12 Months 80:60; 6 Months Concessionary: 26:90; 12 Months In all other respects, the car parks will continue to be regulated by the provisions of The Wokingham District (Various Off-Street District Car Parks) Order A copy of the proposed Order and a map showing the locations of the parking places referred to therein and a Statement of Reasons for the making of the Order can be inspected between the hours of 8:30 a.m. to 500 p.m. Mondays to Fridays at the address given below. Any person wishing to make representations relating to the proposed Order should do so in writing addressed to the General Manager of Place and Neighbourhood Services Civic Offices Shute End Wokingham RG40 1WL specifying the grounds on which they are made no later than May 6th, 2011 Dated: April 7Ih, Neil Badley Operations Manager Place Based Services Civic Offices, Shute End Wokingham RG40 1 WL

11 Appendix C - Council Off Street Car Park Time Restrictions Wokingham Car Parks rockhamwell Road m Road West

12 ITEM NO: TITLE School Academy Developments and the the Lease Arrangements for Maiden Erlegh School, No. 9 Sevenoaks Road, Earley, Maiden Erlegh Library and Maiden Erlegh Youth and Community Centre and Nursery FOR CONSIDERATION BY The Executive on 26 May WARD STRATEGIC DIRECTOR LEAD MEMBER Maiden Erlegh Graham Ebers, Strategic Director Resources Liz Siggery, Executive Member for Corporate Services / OUTCOME Agreed lease arrangements for the provision of education for the students at the new Maiden Erlegh Academy RECOMMENDATION That the Executive: 1) note Maiden Erlegh's conversion to academy status as of 1 April 2011 and planned conversions to Academy status in two other schools this year. 2) agree to grant a 125 year lease at a peppercorn rent of Maiden Erlegh School to Maiden Erlegh School (a company limited by guarantee) in accordance with the Academies Act 2010 and its associated guidance; 3) agree to grant a 25 year lease of the off site caretaker house (No. 9 Sevenoaks Road, Earley) to Maiden Erlegh School (a company limited by guarantee) at a starting rental of 3, per annum and with a break clause should the caretakerlsite manager leave the employment of the school or cease to live at the house, following which the house would revert to Wokingham Borough Council for disposal; 4) agree to take a seven year lease back of the shared Maiden Erlegh Library at a rental of one peppercorn per annum; / 5) agree to take a ten year lease back of the Maiden Erlegh Youth and Community I Centre at a rental of one peppercorn per annum. SUMMARY OF REPORT The Head of Operational Property only has delegated powers to lease out council land for terms of up to fourteen years, or to lease property in for a term of up to three years, hence the approval of the Executive is sought for the grant of these four leases. This report therefore details the proposal to lease the Maiden Erlegh School site and No. 9 Sevenoaks Road, Earley to Maiden Erlegh School, in accordance with the Academies Act 2010 and its associated guidance and to lease back the library and youth and community centre from Maiden Erlegh School for seven and ten years respectively.

13 Background The Academies Act (2010) enables schools to apply for Academy status (independent state funded schools). The first group of schools that were able to apply were those rated as outstanding by OFSTED. In line with this legislation Maiden Erlegh applied to become an Academy, and the Department of Education agreed its application and issued an order enabling it to do this. Officers from the council have been working with the school to agree the arrangements around the requirement to grant a 125 lease on the property and the TUPE arrangements for staff. Maiden Erlegh School converted to an Academy on April IS' 2011, in accordance with the Academies Act. Set out below are the details of the lease arrangements that have been agreed between officers and the new academy. Two further outstanding secondary schools have applied for Academy status: The Holt and the Piggott. Discussions with respect to their conversion and the lease arrangements will follow. Schools rated as 'good' are now also able to apply to convert to academies, and this is being actively considered by more schools. 1. Maiden Erlegh School site Schedule 1 of The Academies Act provides that any land that the school has used at any time within the last eight years is to be transferred to the Academy. Under Paragraph 3.19 of the "Guide to becoming an Academy" provided by the Secretary of State for Education, it is suggested that the Academy should be granted a 125 year lease of the land and buildings at a peppercorn rent. Paragraph 1 (1) and Paragraph 3 (1) of Schedule 1 to the Academies Act provides that the Secretary of State may make such a "scheme". Paragraph 6 (6) (b) of Schedule 1 provides that should the school close, the land will be transferred back to the local authority from which the original transfer was made. Paragraph 11 of Schedule 1 provides that the Secretary of State may make regulations in consequence of this Schedule or for giving it full effect. Therefore, in the absence of agreement between the proposed Academy and the local authority over the extent of the land to be transferred or terms of the lease, the Secretary of State would intervene and make an order. 2. No. 9 Sevenoaks Road, Earley (off site caretaker house to Maiden Erlegh School) No. 9 Sevenoaks Road is a semi detached residential property owned freehold by Wokingham Borough Council. The property is occupied by the Assistant Site Manager to Maiden Erlegh School (together with his family). The house has a capital value of approximately 250,000 with vacant possession. Notwithstanding the legal framework detailed in (1) above, this property had already been declared surplus to Wokingham Borough Council's requirements in the Continuing Property Disposal and Rationalisation Programme adopted by the Executive in July in which it was stated that:

14 (I) the Council no longer supports the provision of Off Site and Edge of Site caretakers properties; (11) there is a presumption for disposal when such properties become vacant; Prior to conversion to an Academy, the Assistant Site Manager was employed by Wokingham Borough Council and occupied the property pursuant to a service occupancy, which means that he must occupy the property as long as he remains an employee of the council as a site managerlcaretaker. A service tenancy rental of per annum is payable and was previously deducted from his salary, monthly in arrears. However, following conversion, his employment was transferred under the TUPE regulations to the Academy. Under the TUPE regulations, the terms of his employment cannot be changed. 3. Maiden Erlegh Library The library is scheduled to be included in the 125 year lease to the school, pursuant to the Academies Act 2010 (see legislation synopsis in (1) above). However, the building is in shared use, in that it serves as the school library and is also used by the public. 4. Maiden Erlegh Youth & Community Centre The youth and community centre is scheduled to be included in the 125 year lease to the school. However, as a council run facility, it is proposed that the building should be leased back to the council in order that it may continue to benefit the community. Analysis of Issues 1. Maiden Erlegh School site In accordance with the legal framework set out above, it is therefore recommended that Wokingham Borough Council should grant a 125 year lease at a peppercorn rent to the Maiden Erlegh School. On the plan annexed, the extent of land to be included in the lease includes the land shaded orange (main school site), light blue (Maiden Erlegh Drive), purple (on site bungalow), dark blue (nursery), green (access areas) and hatched red (library and youth & community centre). The library will be leased back to the council for a period of seven years (see (3) below), while the youth and community centre and nursery will be leased back to the council for a term of ten years (see (4) below). The council will reserve rights over the land shaded green. The council is retaining the red land at the entrance to the site and the Aldryngton School site. Under the terms of the 125 year lease, the responsibility for the maintenance of the land (save for some areas leased back) and payment of all taxes and utilities in respect of it will become the responsibility of the Maiden Erlegh School. The land is to be kept in good repair. In particular, Maiden Erlegh Drive has, in the past, been a maintenance liability for the council.

15 Wokingham Borough Council therefore has a statutory duty to transfer the land pursuant to the Academies Act 2010 and any challenge to the law and the Secretary of State's guidance is very unlikely to be successful. As the school converted to an Academy on lst April 2011, in order to regularise the short term position, whereby a third party will be in occupation of council owned land, an interim Tenancy at Will has been granted, allowing the Academy to occupy council property. This can be terminated at any time or will cease when the formal lease is granted. 2. No. 9 Sevenoaks Road, Earley (off site caretaker house to Maiden Erlegh School) Although the regulations (detailed in Background (1)) suggest that No. 9 Sevenoaks Road should be transferred to the Academy for 125 years at a peppercorn rental, in light of the fact that the property has already been declared surplus, it has been agreed (after lengthy negotiation) with the Academy that the council will grant a 25 year lease of the house at the rental that would otherwise have been received, namely 3, per annum exclusive. The rental will be increased in April of each year in line with the overall increase in the council housing stock rental increases. Under the terms of the proposed 25 year lease, the council will covenant to keep the property in external repair and maintain the fixtures and fittings, as is currently the case. The occupant is to be responsible for the payment of utility bills and council tax, as is currently the case. Therefore the council will neither be in a better nor worse position. It is envisaged that the 25 year lease will be long enough to see the current occupant to retirement (he is currently 47 years old). The lease also contains provisions for the lease to be broken immediately should the occupant leave his post or cease to reside at the property. Under the terms of the lease, only he can occupy the property, so the school could not give the property to another member of staff. Any statutory rights to renew the lease will be excluded. It should be noted that the school already benefits from an on site bungalow, which it chooses not to use to house a site managerlcaretaker. Instead, it is being used as an officelstore. Once the house reverts to the council, the school can use the on site bungalow to house a site managerlcaretaker if it so wishes, which would appear to be of greater security benefit than an off site house. As the regulations suggest that No. 9 Sevenoaks Road should be transferred to the Academy for 125 years at a peppercorn rental, it is therefore considered that the Executive should agree to the 25 year term proposed, which will also allow the lease to be ended early in the event of the caretaker leaving the school's employment or leaving the house, following which a capital receipt could be expected. It is highly doubtful whether the Secretary of State would agree to a more preferential transaction for the council. The school converted to an Academy on lstapril and in order to regularise the short term position, whereby a third party will be in occupation of council owned land, an interim Tenancy at Will has been granted, allowing the Academy to occupy council property. This can be terminated at any time or will cease when the formal lease is

16 - granted. Members should note that the other two off site houses used by the caretaking staff to Maiden Erlegh School (No. 25 Allendale Road, Earley & No. 29 Stanton Close, Earley) are also scheduled for disposal in the Continuing Property Disposal and Rationalisation Programme adopted by the Executive in July However, the occupants of these two properties are both over sixty years old and it was therefore deemed that fourteen year leases will see be sufficient to see them both to retirement. The houses will revert to Wokingham Borough Council for disposal when they either cease employment with the school or leave the houses for any other reason. The Head of Operational property has delegated powers to authorise the grant of leases of up to fourteen years. Accordingly, the leases for these two houses have already been granted, although Executive approval is required for the grant of the longer lease on No. 9 Sevenoaks Road. Members should also note that should any of the caretakers die, their relatives would have no rights to stay in the houses. Vacant possession can therefore be reasonably expected, following which the property could be sold, in accordance with the Continuing Property Disposal and Rationalisation Programme adopted by the Executive in July Maiden Erlegh Library In accordance with the legal framework set out above, the library is scheduled to be included in the 125 year lease to the school. The building is in shared use, in that it serves as the school library and is also used by the public, the public being admitted to the building in the afternoons. Following lengthy negotiation with the school, it is therefore recommended that Wokingham Borough Council should take a seven year lease back of the library at a peppercorn rent. On the plan annexed, the library is identified hatched red. Due to continuing public use, the council will make a contribution towards the running of the library. 4. Maiden Erlegh Youth & Community Centre and nursery The youth and community centre is scheduled to be included in the 125 year lease to the school. However, as a council run facility, it should be leased back to the council. - - Following lengthy negotiation with the school, it is therefore recommended that Wokinaham Borouah Council should take an initial ten vear lease back of the vouth & community centre and nursery at a peppercorn rent. On the plan annexed, the youth and community centre is identified hatched red and the nursery is shaded dark blue. Under the terms of the lease, the council will be responsible for repairs and outgoings, although there is no obligation to improve the buildinglpremises beyond its current condition. / List of Background Papers

17 Contacts Bernie Pich (Resources) Telephone: Date 12 May Richard Stanley (Head of Learning and Achievement) Telephone: Richard.stanley@wokingham.gov.uk Version No. 2

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