Decision details

Summary

Dollis Primary School, a Community School (the School), has been approved by the Secretary of State for Education (SoS) to convert to an Academy as part of a multi-academy trust (Bellevue Place Education Trust (BPET)). As part of the conversion process, the Council is expected to grant a lease of the land and buildings used by the School to the Bellevue Place Education Trust (BPET) in terms of the model long term Department for Education Academy Lease.

In addition, upon conversion, the Council intend to take a lease back from BPET of part of the premises

The Council, the Governing Body of the School and BPET are also required to execute a Commercial Transfer agreement, which includes information relating to;

(i)             Any employees of the Council or the Governing Body who are assigned to the school and who will transfer from the employment of the Governing Body or the Local Authority to the Bellevue Place Education Trust (BPET); and

(ii)            Assets and contacts which will transfer from the Local Authority or the Governing Body to the Bellevue Place Education Trust (BPET), together with other rights and obligations of the Council, the Governing Body or the Bellevue Place Education Trust (BPET). 

The Commercial Transfer Agreement is to be covered in a separate decision.

The Leader and Cabinet Member for Resources and Effective Council is responsible for property assets, and the Portfolio Holder for Family Friendly Barnet is responsible for education.

The terms of the proposed lease are based on the Department for Education’s template school lease for a standard term of 125 years from completion. 

Para 20 of schedule 1 to the Academies Act 2010 disapplies the Council’s obligation under section 123 of the Local Government Act 1972, to obtain best consideration, where property is let for the purposes of an academy. 

Decision

1. The Leader of the Council and Cabinet Member for Strategic Partnerships, Economy & Effective Council authorises the:

·       Completion of an Academy lease on the terms detailed in section 1.6 below to the Bellevue Place Education Trust (BPET) of the whole site shown edged red on the attached site plan on the terms set out in section 1.6 with such amendments as may be approved by the Head of Estates.

·       Completion of a sublease back to the Council of 12 years of part of the Academy site as detailed on the attached plan and the terms as attached in order to progress SEN provision in the Borough of Barnet