Purpose

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