Issue - meetings

Cabinet Member: Property & Cultural Services

Forward Plan Ref: 2018/109

Contact: Alexandra Bailey, Director for Property & Investment Tel: 07768 027257

Report by Director for Capital Investment & Delivery (CA12).

Cogges Heritage Trust (the Trust) have provisionally been awarded circa £1m of Heritage Lottery Funding (HLF) to undertake work / improvements to the Cogges Manor Farm buildings which are owned by the County Council and leased to the Trust. Cogges Manor Farm is a Scheduled Ancient Monument, consisting of a 13th century manor house and 17th century farm buildings which are Grade 2 Listed. The Council retains responsibility for structural repairs.

The current lease terms do not align with HLF policy and consequently the HLF have asked the Council to vary the lease terms, including the removal of break clauses, which would put the Council at risk in terms of ongoing repairing liability.

The HLF requirement to make changes to the lease has brought an opportunity to reconsider the future of Cogges Farm and negotiate other changes. An alternative proposal has been put to the Trust, the principles of which were outlined in a Memorandum of Understanding between the parties and this was submitted by the Trust to the HLF Board on 26 June 2018. Cabinet approval is required to enable the Council to proceed if agreement on terms can be reached.   

The Cabinet is RECOMMENDED to:

(a)       To declare the property surplus to requirements.

(b)       To approve the principle of transferring Cogges Manor Farm to the Cogges Heritage Trust, as a named purchaser, for £1 (one pound) on terms that accord with the Council’s statutory obligations or if terms cannot be agreed, to grant a new lease upon terms that satisfy the Council’s and HLF requirements.

(c)       Subject to the transfer of Cogges Manor Farm, as noted in 2 above, to approve the transfer of £1m to Cogges Heritage Trust in full and final settlement of all the Council’s liabilities and obligations under the lease.

(d)       Approve the £0.6m increase to the capital programme budget to make £1m available to Cogges Heritage Trust in full and final settlement of all the Council’s liabilities and obligations under the lease, funded from the Capital Programme Contingency. 

(e)       Delegate authority to the Director of Capital and Investment Delivery and Director of Law and Governance to agree appropriate terms.

Recommendations agreed, together with an additional recommendation (f) set out below:

(f)   to note that the Council has the ability to buy back the property for £1 (one pound) in the event that the Buyer wishes to dispose of a significant interest in the property or the property ceases to be open to the members of the public in accordance with the user restriction.

Having declared an inerest Councillor Lindsay-Gale left the room and took no part in the voting on this item.

Cogges Heritage Trust (the Trust) have provisionally been awarded circa £1m of Heritage Lottery Funding (HLF) to undertake work / improvements to the Cogges Manor Farm buildings which are owned by the County Council and leased to the Trust. Cogges Manor Farm is a Scheduled Ancient Monument, consisting of a 13th century manor house and 17th century farm buildings which are Grade 2 Listed. The Council retains responsibility for structural repairs.

The current lease terms do not align with HLF policy and consequently the HLF have asked the Council to vary the lease terms, including the removal of break clauses, which would put the Council at risk in terms of ongoing repairing liability.

The HLF requirement to make changes to the lease has brought an opportunity to reconsider the future of Cogges Farm and negotiate other changes. An alternative proposal has been put to the Trust, the principles of which were outlined in a Memorandum of Understanding between the parties and this was submitted by the Trust to the HLF Board on 26 June 2018. Cabinet considered a report seeking approval which is required to enable the Council to proceed if agreement on terms can be reached. 

Judy Niner, Chairman of Cogges Museum, spoke in support of the proposed approach thanking the County Council for the support shown to the Museum over the years, highlighting its current success and the hopes for the future.     

Councillor Mark Lygo, endorsed the recommendations thanking all the Trustees of Cogges, Alexandra Bailey and her team for all their work.

During discussion Councillor Hudspeth highlighted paragraph 22 and suggested an additional recommendation (recommendation (f)) to reflect the point set out there. Alexandra Bailey responding to a question, confirmed that paragraph 22 and recommendation (f) gave the option to buy it back but the County Council did not have to exercise that option thus reducing the risk in the event of an unforeseen event.

RESOLVED:             to:

(a)          to declare the property surplus to requirements;

(b)          to approve the principle of transferring Cogges Manor Farm to the Cogges Heritage Trust, as a named purchaser, for £1 (one pound) on terms that accord with the Council’s statutory obligations or if terms cannot be agreed, to grant a new lease upon terms that satisfy the Council’s and HLF requirements;

(c)          subject to the transfer of Cogges Manor Farm, as noted in 2 above, to approve the transfer of £1m to Cogges Heritage Trust in full and final settlement of all the Council’s liabilities and obligations under the lease;

(d)          approve the £0.6m increase to the capital programme budget to make £1m available to Cogges Heritage Trust in full and final settlement of all the Council’s liabilities and obligations under the lease, funded from the Capital Programme Contingency;

(e)          delegate authority to the Director of Capital and Investment Delivery and Director of Law and Governance to agree appropriate terms; and  ...  view the full minutes text for item 78