Hampshire Fire and Rescue Authority Item 16

15/03/200513 February 2008

(1) Scheme of Delegation to Officers - The Authority's Error! Bookmark not defined.Estate;

(2) Current estates matters requiring formal approvals to proceed

Report by the Chief Officer and Clerk

Contact: David Howells, Director of Corporate Services Tel: 02380 626833

David Kelly, Principal Solicitor Tel: 01962 846661

1

Summary

1.1

The Clerk and Chief Officer were asked to consider and recommend to the Authority appropriate revisions to the Scheme of Delegation to Officers so as to obviate the need to report on and seek specific approval to progress relatively minor and routine estates matters. Recommended amendments have been incorporated in a revised `Section D' to the Scheme. Notwithstanding the proposed changes to the Scheme, there are a number of current estates matters which the Authority is asked to approve.

2

RecommendationError! Bookmark not defined.s

2.1

That the revisions to Section D (`The Authority's Estate') of the Scheme of Delegation to Officers as set out in Appendix 2 of this report be approved.

2.2

That, subject to the Authority approving the corporate objective to redevelop Winchester Fire Station on the former vehicle workshops site at Winnall, Winchester; that the current Winchester Fire Station site at North Walls, Winchester, be declared surplus to future requirements and that the Chief Officer be authorised to arrange for the marketing of the site in anticipation of the site being vacated.

2.3

That the Chief Officer and Clerk be authorised to enter into two agreements to formalise the current position relating to the occupation of the Temporary Fire Station at Popley Fields Community Centre, Carpenters Down on the basis of terms outlined in paragraph 5.1 of this report.

2.4

That the Chief Officer and Clerk be authorised to enter into a renewed lease with Orange Personal Communications Services Limited in respect of Hardley Fire Station on terms to be determined by the Director of Corporate Services in consultation with the Authority's estates advisers.

2.5

That the Hampshire Fire and Rescue Authority authorise the Clerk to the Authority to enter into a renewed lease with O2 (UK) Ltd in respect of Rushmoor Fire Station on the terms provisionally agreed and set out in paragraph 7.1 of this report.

2.6

That the Hampshire Fire and Rescue Authority authorise the Clerk to the Authority to enter into a renewed lease with Orange Personal Communications Services Ltd in respect of Hightown Fire Station on terms to be agreed by the Director of Corporate Services in consultation with the Authority's estates advisers.

2.7

That the Chief Officer and Clerk be authorised to enter into a renewed lease with T-Mobile (UK) Ltd in respect of the Headquarters site at Eastleigh on the terms provisionally agreed and outlined in paragraph 9.2 of this report.

2.8

That the Chief Officer and Clerk be authorised to agree terms with Winchester City Council to change the nature of the tenure of six properties in Lower Brook Street, Winchester (previously declared surplus to the Authority's operational requirements) from `flying freehold' to more conventional leasehold status.

3

Scheme of Delegation to Officers - Section D - The Authority's Estate

3.1

The Clerk and Chief Officer were asked to report back to the Authority with suggested appropriate amendments to the Scheme of Delegation to Officers that would have the effect of streamlining the procedure for dealing with relatively minor and routine estates matters. Currently, even very minor matters, should be formally reported to the Authority. Typical current examples are those described in paragraphs 5, 6, 7, 8 and 9 below.

3.2

Section D of the Scheme deals with the Authority's Estates and the current version is set out as Appendix 1. A recommended replacement Section is set out as Appendix 2. The key points to note are that this would give delegated authority to the Director of Corporate Services to authorise the acquisition or disposal of any land, premises or interest in land where the consideration does not exceed £250,000; and to authorise the acquisition or disposal by way of lease or licence of any land for terms not exceeding ten years with rents or licence fees not exceeding £25,000 per annum.

4

Winchester Fire Station

4.1

Subject to the Authority approving the corporate objective to redevelop Winchester Fire Station on the former vehicle workshops site at Winnall, Winchester (also on this meeting's agenda); it makes sense for the existing Winchester Fire Station site at North Walls, Winchester, to be formally declared surplus to future operational requirements and for the site to be marketed in anticipation of the site becoming vacant when the new fire station building at Winnall is completed (possibly late in 2009/10). A recommendation to this effect is set out in 2.2 above.

5

Deployment of resources at Popley Fields Community Centre, Carpenters Down, Basingstoke

5.1

A temporary base for a fire engine and crew has been provided at Popley Fields Community Centre, Carpenters Down since April 2005. This consists of a temporary building on land held by The Trustees of Popley Fields Community Association and also an area for parking the fire engine on adjacent land owned by Basingstoke and Deane Borough Council. The necessary legal documents to support these occupations are not yet in place. In order to regularise this situation it will be necessary to enter into two agreements; one with The Trustees of Popley Fields Community Association and one with Basingstoke and Deane Borough Council. Terms for the first agreement have provisionally been agreed as follows: a fixed term lease, terminating on 1 April 2009, subject to a 3 month break clause which can be operated by either party at any time. The initial rent is to be £6,600, rising by 10% with effect from 01 April 2008. The second agreement is by way of a licence granted by Basingstoke and Deane Borough Council at a peppercorn rent terminating on 1 April 2009.

6

Lease renewal to Orange Personal Communications Services Limited of a mobile telephone installation at Hardley Fire Station

6.1

The Authority entered into a 10 year lease dated 26 May 2000 with Orange Personal Communications Services Ltd for a mobile telephone installation at Hardley Fire Station, Falconer Court, Hardley, Southampton. The contractual term of the lease will terminate on 30 November 2008. Terms for a new lease have not yet been negotiated but is considered to be in the Authority's best interests to renew the lease for a further term.

7

Lease renewal to O2 (UK) Ltd of a mobile telephone installation at Rushmoor Fire Station, 8 Lynchford Road, Farnborough, GU14 6BF.

7.1

Hampshire County Council entered into a 10 year lease dated 21 November 1994 with BT Cellular Radio for a mobile telephone installation at Rushmoor Fire Station, 8 Lynchford Road Farnborough. The contractual term of the lease terminated on 20 November 2004. Since then, terms have been provisionally agreed for a new lease with BT Cellular Radio's successor in title, O2 (UK) Ltd as follows:

A 15 year lease from 21 November 2004 excluded from the security of tenure provisions of the Landlord and Tenant Act 1954. The tenant will have rights to erect up to 12 antennas and 2 dishes on a 25 metre tower, as well as rights to install equipment inside a brick built building. The initial rent will be £7,250. Rent reviews will be at 5 yearly intervals to the higher of RPI or Open Market Value. O2 (UK) Ltd will pay back rent dating back to the termination of the previous lease, plus interest at 4% above Nat West base lending rate. The lease will include a landlord's redevelopment break clause after five years and relocation provisions. The tenant will be responsible for repairs and will reimburse the cost of insuring the building. The tenant will pay a contribution towards the Authority's costs in granting the lease of £1,500.

8

Lease renewal to Orange Personal Communications services Ltd of a mobile telephone installation at Hightown Fire Station, Bursledon Road, Sholing, S019 0HW

8.1

Hampshire Fire and Rescue Authority entered into a 10 year lease dated 30 November 1998 with Orange Personal Communications Services Ltd for a mobile telephone installation at Hightown Fire Station, Bursledon Road, Sholing SO19 0HW. The contractual term of the lease will terminate on 29 November 2008. Terms for a new lease have not yet been negotiated.

9

Surrender and grant of a Lease to T-Mobile (UK) Limited of an Equipment Room with installations on the Headquarters site Eastleigh

9.1

T-Mobile (UK) Limited currently have a lease for use of part of the training area at the rear of the Headquarters building (on which is located a container with T-Mobile's equipment) together with part use of the adjoining telecommunications transmission mast (on which they have various aerials and antennae. The recently built office extension (the `link building') contains an externally accessed room which was included specifically to provide the company with a permanent location for its equipment.

9.2

It is now proposed that their existing lease be surrendered. The existing term is for twenty years from 26 January 1999 and was for an initial term of £5,015 per annum with annual reviews linked to the Retail Price Index. It is proposed that a new lease be granted for a new term of twenty years at an initial rent of £8,000 per annum with three year reviews linked to the Retail Price Index. There will also be an initial premium of £30,000 in consideration for a reduction in the rental of £3,000 per annum for the first ten years. This lump sum will enable the Authority to reduce its borrowing requirement by having provided this equipment room for third-party use (albeit the Tenant claws this back by way of a reduced rental). The Tenant will have a break clause for the first two years of the term and the Landlords will have a redevelopment break clause after the first five years of the term.

10

Properties in Lower Brook Street, Winchester

10.1

The Authority owns six properties in a small block of flats in Lower Brook Street, Winchester. These are owned on the basis of a `flying freehold' from Winchester City Council. In the course of trying to dispose of these properties, it is apparent that prospective purchasers have experienced some difficulties in obtaining mortgages because of this relatively unusual arrangement. Winchester City Council has been approached and it would seem that it is prepared to enter into negotiations to convert this to a more conventional leasehold agreement. It is hoped that such a change will encourage better interest in the properties. The Authority is asked to authorise the officers to negotiate this change.

11

Equality Impact Assessment

11.1

The proposals within this report are considered compatible with the provisions of the European Convention on Human Rights, the Human Rights Act 1998, and the Race Relations (Amendment) Act 2000.

Background Information (Section 100D of Local Government Act 1972)

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report:

None - appropriate extracts of relevant document included

Note: The list excludes: (1) published works; and (2) documents that disclose exempt or confidential information defined in the Act.