Agenda, decisions and minutes

There were no apologies.

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 relevant 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.

There were no members of the public present.

To consider the grant of a new lease for this business.

1.    That approval be given to the grant of a new 10 year lease of the land referred to in the report at a rent of £3,450 per annum, with a rent review at year 5 of the term, and subject to a landlord only redevelopment rolling break option, subject to a fixed compensation payment of £40,000, on terms and conditions to be agreed by the Head of Assets and Director of Legal Services.

2.    That approval be given to permit the sublease of the land in accordance with the terms of the new lease.

The Cabinet Member for Regeneration considered a report on the grant of a new lease to the Whistlestop Café, Market Street, Congleton.

The Whistlestop Café was subject to an existing ground lease dated 9^th May 2007 between Congleton Borough Council, now Cheshire East Council, as landlord, and John and Pauline Hodson, as tenant, for a term of 10 years, expiring this year. The lease was a secure business tenancy and as it is coming to an end the tenant has requested its renewal for a new 10 year term and is seeking consent to grant their sub-tenant a new 10 year (less 3 days) sub-lease, at the same time. The leased area forms part of the adjacent Fairground Car Park.

Negotiations to renew the ground lease and provide consent to a further sublease had been conducted on the basis of the Council being able to break the lease during the term, should the land be required for redevelopment in the future and subject to the Council compensating the tenant if the lease were terminated early.

The Council had no current use for the leased area and therefore did not need to regain posession of the land currently. The terms agreed were considered best consideration, in accordance with s123 of The Local Government Act 1972 and would allow the tenant to be granted a new lease, with the Council able to obtain vacant posession, by exercising the break clause, at the appropriate time, if required.

RESOLVED

1.    That approval be given to the grant of a new 10 year lease of the land referred to in the report at a rent of £3,450 per annum, with a rent review at year 5 of the term, and subject to a landlord only redevelopment rolling break option, subject to a fixed compensation payment of £40,000, on terms and conditions to be agreed by the Head of Assets and Director of Legal Services.

2.    That approval be given to permit the sublease of the land in accordance with the terms of the new lease.