Agenda item

To consider a confidential report by the Programme Manager - Business Change (Facilities, Housing and Assets) (copy enclosed) which seeks the Committee’s views on how the Council proposes to manage or dispose of redundant school sites

11.20am – 12pm

The Lead Member for Finance, Performance and Strategic Assets introduced the Facilities, Assets and Housing Programme Manager’s (Business Change) confidential report (previously circulated) which outlined how the Council proposed to manage and dispose of redundant school sites going forward.  The Committee had requested the information following a discussion, at an earlier meeting, on the implementation of the recommendations which had arisen from the review of primary education in the Ruthin area.

During his introduction the Lead Member advised the Committee that the Council’s aim when dealing with redundant schools sites was to realise maximum benefits from them for the Authority and the community, whilst at the same time ensuring that they did not become eyesore sites which incurred excessive maintenance liabilities and therefore be a drain on valuable financial resources.  He also highlighted the complexities which surrounded the ownership of some school buildings and sites, including restrictive clauses and covenants, trusteeships and land ownership issues etc.  Attached to the report was a plan for redundant school sites which included information on each currently redundant site, or sites which were anticipated to become redundant within the next two years, details of their ownership and the Council’s current proposals for those sites.  Also attached was a document outlining the approach taken by the Council once a former school was designated surplus to requirements.

Members were advised by the Lead Member that as a result of past experiences the Council now set a time limit for community use interest to be registered and for an evidenced-based business plan to be approved for the site’s future use.   The reason for this was that whilst the building was empty and within the Council’s ownership the Authority was liable for the building and site’s maintenance including costs for making the site secure.  Referring to redundant sites listed in the report that were either owned by a Trust or their ownership were still under investigation the Lead Member advised that once sufficient time had elapsed, and if the trustees or their beneficiaries were still to be traced, the site(s) would be sold and the receipts held in trust until trustee issues were resolved.

Responding to members’ questions the Lead Member and officers –

·         advised that in future business cases submitted as bids for new school buildings presented to the Strategic Investment Group (SIG) and Cabinet would have to include details of what the Education Service proposed to do with any redundant assets or sites resulting from the proposal

·         confirmed that the County Council’s Charter with town and community councils required the Council to seek expressions of interest from town and community councils in any county-owned assets which were deemed to be surplus to requirements.  The County Council could offer to transfer a surplus asset to a town or community council who had a robust agreed business plan for its future use.  Officers from the Business Improvement and Modernisation Service (BIMS) would be available to town and community councils or constituted community groups to help them explore potential options and draw up the required business plan.  No asset would be transferred unless sufficient funding had been secured by the constituted body to operate the facility for the foreseeable future.  However, if a community facility already operated within that community the Council was unlikely to agree to transfer an asset to that community for a similar purpose

·         advised that once an asset was transferred to another council or constituted body the Council would not be liable for any costs associated with the asset in future.  If, at any point in the future, the organisation who had acquired the building/site from the Council had no future use for it, all liabilities would lie with them.  However, the Council had the powers to apply clawback covenants to any assets it transferred to other organisations, therefore if those organisations disposed of the asset within the timeframe stipulated in the transfer agreement the Council would be eligible to clawback the specified percentage rate of the capital receipt

·         confirmed that if the Council built a new faith school on diocesan-owned land, if that school was deemed surplus to requirements at any point in the future the ownership of the site would revert to the Diocese.  However, if it was built on council-owned land the site’s ownership would revert to the Council

·         advised that if all efforts to trace beneficiaries of a Trust, which had gifted land for the purpose of delivering educational activities, were exhausted and no resolution was forthcoming the Council’s Legal Department would initiate discussions with the Charities Commission with a view to seeking permission to dispose of the site.  Once sold and all maintenance and  management costs incurred by the Council had been reclaimed the money would be held in a ‘holding account’ until such time as beneficiaries could be traced

·         confirmed that the Council always tried to realise value for money when disposing of surplus assets.  However, consideration was also given to community benefits

·         confirmed that if appropriate, the Authority could apply for planning permission on a site before disposing of it, but the costs and benefits of using this approach would need to be discussed with the Planning Department and other services dependent upon the type of planning permission being sought, i.e. if the type of permission sought had the potential to support the delivery of the Council’s corporate priorities

·         advised that the Council had attempted in recent years to establish and ‘map’ all community facilities available across the county.  However, this had proved extremely difficult as a large number were operated by voluntary organisations, i.e. churches, chapels, community organisations

·         explained the process for designating ‘green spaces’ within the Planning and Local Development Plan (LDP) processes.  If a town or community wanted the Council to transfer a surplus asset to them for the purpose of being designated as a green space, they would in the first place have to explore the need for a green space as part of the LDP process, and

·         advised that the Council was now required to consider community benefits, best financial value and the long-term sustainability of all decisions in the context of the provisions of the Well-being of Future Generations (Wales) Act 2015.

Prior to concluding the discussion the Committee requested that they be provided with information on how many Church schools in the county were located on Council-owned land and vice-versa, and if any of these schools became vacant/surplus to requirements who would be responsible for their maintenance and disposal.

RESOLVED that subject to the above observations to receive the information provided and support the approach taken by the Council with a view to realising maximum benefits and securing best value from redundant school sites.

The meeting concluded at 12.20 p.m.