Agenda, decisions and minutes

There were no apologies for absence.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relating to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

No members of the public were present.

To consider the renewal of the lease of land at Moorside Recreation Ground to the Scout Association Trust Corporation Ltd.

That approval be given to serve a Section 25 notice in accordance with the Landlord and Tenant Act 1954, in order to terminate the current lease dated 16^th January 2001 made between Macclesfield Borough Council and the Scout Association Trust Corporation, and to offer a new lease of the existing demise for a term of 25 years on terms and conditions to be negotiated and agreed by the Property Services Manager and the Head of Legal Services and Monitoring Officer, and that the Council’s Legal department be instructed to prepare the necessary documentation.

The land is currently occupied by the 1^st Knutsford Scout Group although the previous lease has expired and the tenant is holding over on the existing terms.  It was reported that the tenant had requested a new lease but not served the relevant statutory notice on the Council. 

The tenancy has the protection of the Landlord and Tenant Act 1954 in accordance with which the tenant has a statutory right to renew the lease; the Council could oppose the renewal but compensation could then be payable to the tenant.  The Council has the power to grant a lease of the land pursuant to Section 123 of the Local Government Act 1972 subject to any disposal for 7 years or more being at the best consideration that can be reasonably obtained.

RESOLVED

That approval be given to serve a Section 25 notice in accordance with the Landlord and Tenant Act 1954, in order to terminate the current lease dated 16^th January 2001 made between Macclesfield Borough Council and the Scout Association Trust Corporation, and to offer a new lease of the existing demise for a term of 25 years on terms and conditions to be negotiated and agreed by the Property Services Manager and the Head of Legal Services and Monitoring Officer, and that the Council’s Legal department be instructed to prepare the necessary documentation.