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2010201120122013 2014 Following appeal – Cabinet approved a consultation and select committee to be set up. 166 rent reviews due and 132 leases expired.

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Presentation on theme: "2010201120122013 2014 Following appeal – Cabinet approved a consultation and select committee to be set up. 166 rent reviews due and 132 leases expired."— Presentation transcript:

1 2010201120122013 2014 Following appeal – Cabinet approved a consultation and select committee to be set up. 166 rent reviews due and 132 leases expired. Rent review was intitated in December 2011. Cabinet approved the select committee recommendations, an officer working group set up and advice sought from counsel regarding leases. Arbitration process were appointed. Petition received for 50 week occupancy and considered by Cabinet/ Portfolio Holder. Consulation with leaseholders on the terms of the lease followed by a select committee. Chalet owner meetings established, Cabinet considered future management arrangements/ disposal of the site. Humberston Fitties Timeline – 2010-2014

2 Dec 26 October 2010 Petition received by the Portfolio Holder for Resources requesting “new 15 year leases for 50 weeks a year residency [of the Fitties]”. The Portfolio Holder resolved that a detailed report be submitted to Cabinet. 6 December 2010 Cabinet endorsed the Portfolio Holder’s decision and sought a detailed report for its meeting in February 2011. 2010 Jan Feb Mar Apr May JunJul AugSepOct Nov Dec

3 5 July 2011 An appeal by petitioners was presented to the Regeneration, Housing and Environment Scrutiny Panel. The panel disagreed with Cabinet’s decision to reject the petition and recommended to Cabinet that consideration be given to holding a referendum or consultation exercise to establish if there was a mandate among all of the chalet owners at the Fitties for a 50 week stop over. Lease renewal was placed on hold. 5 September 2011 Cabinet received the recommendations from the meeting of the scrutiny panel and resolved: 1) That a consultation exercise be carried out with all leaseholders at the Humberston Fitties to establish if there is a mandate for the regularisation of leases. 2) That the Monitoring Officer and the Strategic Director Environment, Economy and Housing determine the most appropriate means of carrying out the consultation and that their recommendations be put to the Leader of the Council, in his capacity as Portfolio Holder, for approval before the end of September, 2011. 3) That a Select Committee be established to undertake a complete review of the Fitties arrangements following the completion of the consultation exercise. 4) That the recommendations of the Select Committee, taking into account the outcome of the consultation exercise be submitted to Cabinet for consideration. 14 February 2011 Cabinet received a detailed report and rejected the petition. 1 April 2011 166 rent reviews due and 132 leases expired. The decision to proceed with the Lease renewal naturally follows completion of the Rent Review. The outcome of that needed to be considered as this could have implications on the Rent. There is no statutory time frame for the renewal of leases and whilst leases are renewed, lessees hold over on original terms. The Council determined there was an opportunity to revisit the leases in their entirety at this point and for this reason, external Legal Counsel advice was required. December 2011 The rent review was initiated. 2011 Jan Feb Mar Apr May JunJul AugSepOct Nov Dec

4 25 July 2012 The consultation exercise concluded by Electoral Reform Services. The exercise included all 450 signed leaseholders who were asked the question “Are you happy with the terms of your current lease?” 75.6% of valid votes were “no”. The consultation exercise gave the opportunity for voters to add additional comments if answering “no” in respect to the length of term proposed, the closed season and service charge (site condition and appearance). 19 December 2012 Scrutiny Policy, Performance and Resources Panel considered the report of the select committee and approved that the recommendations be recommended to Cabinet. 10 August 2012 Scrutiny special meeting of the Policy, Performance and Resources Panel to receive the responses to the consultation. At this meeting it was resolved that a select committee would be established to review the terms of the lease agreement. 23/25 October 2012 Select Committee to review the principal terms of the lease in respect to the length of term proposed and the closed season. The select committee panel engaged with Humberston Fitties Chalet Owners, the Environment Agency, Balfour Beatty Workplace and officers of the Council as part of the select committee. The panel made ten recommendations from the select committee. 2012 Jan Feb Mar Apr May JunJul AugSepOct Nov Dec

5 14 January 2013 Cabinet considered the Select Committee reports and approved the ten recommendations therein. 12 March 2013 46 applications were made to the RICS to appoint an arbitrator. 14 March 2013 Tracking report to Scrutiny. Consulted the Environment Agency (EA) in respect to advice regarding flood risk. Brief to Counsel sent relating to a range of issues, one of which was the new form of lease. 3 July 2013 RICS appointed an arbitrator. 1 July 2013 Draft lease shared with officers. 3 September 2013 Scrutiny agenda item – formal report from the working group and included within tracking. Flood risk assessment (and advice on evacuation) commissioned. 26 November 2013 Tracking report to scrutiny. Procurement process for the Flood Risk Assessment was underway. 8 February 2013 Officer Working Group was formed to take resolutions forwards and reported by way of a tracking report to Scrutiny. 11 June 2013 Tracking report to Scrutiny. 2013 Jan Feb Mar Apr May JunJul AugSepOct Nov Dec March - June After discussions with Counsel it was agreed that NELC Legal would draft a new form of lease for further discussion with Counsel. This took place over the following few months and resulted in a draft that Counsel verbally advised was suitable for internal discussion. 7 May 2013 Follow up meeting with the EA

6 Dec 5 September 2014 Draft FRA received for comment. 16 September 2014 Tracking report to scrutiny. 18 February 2014 Tracking report to scrutiny. 21 February 2014 Tender issued to procure new FRA. The first round of procurement identified nil responses. 23 June 2014 Start date for contract for FRA 24 June 2014 Tracking report to scrutiny. 2014 This is an example text. Go ahead and replace it with your own text. It is meant to give you a feeling of how the designs looks including text. Jan Feb Mar Apr May JunJul AugSepOct Nov 13 October 2014 Cabinet resolved: (1) That the principle of a disposal by way of lease of the Fitties, the Humber Mouth Yacht Club and the adjoining car park area be approved. (2)That the Director of Finance, in consultation with the Portfolio Holder for Assets and Special Projects and the Monitoring Officer, be authorised to approve terms of a lease to Bourne Leisure (subject to the existing lease to the Humber Mouth Yacht Club and subject also the existing leases of the Fitties’ plots to chalet owners) in accordance with professional advice and recommendations of the Council’s strategic regeneration partner. (3)That if terms for a leasehold disposal to Bourne Leisure cannot be agreed, the Director of Finance be authorised to market the site and in consultation with the Portfolio Holder for Assets and Special Projects and the Monitoring Officer, to approve terms for a leasehold disposal (subject to the existing leases to the Humber Mouth Yacht Club and also to the chalet owners). (4)That the unsolicited offer received for the purchase of the freehold of the Fitties be declined. (5)That the Solicitor to the Council be authorised to complete all requisite legal documentation for a leasehold disposal. (6)That prior to the conclusion of any transaction authorised within the resolutions above, a report be taken to full Council for final decision on whether to proceed. Dec 18 March 2014 FRA tenders (from second round) returned. 01 April 2014 FRA tender evaluation meeting.


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