Decision

Exemption from publication: There are confidential appendices to this report, which are exempt by virtue of paragraph 3 of Schedule 12A of Part 1 of Schedule 12a of the Local Government Act 1972 because they contain information relating to the financial or business affairs of any person (including the authority holding that information).

To enter Deed of Variation and Licence for Alterations with Tenant at 41-45 Desborough Avenue, High Wycombe permitting change of use from car showroom/sales to pharmacy.

Reasons for the decision

On the 26th April 2016 the Council granted a 125-year Lease to Hanif Automotive Ltd in respect of 41-45 Desborough Avenue.

The permitted use under this Lease is for ‘the display, sale, repair and servicing of motor vehicles and the display of parts and accessories ancillary thereto’.
On the 20th March 2025 the above leasehold interest was purchased by Lansdales Pharmacy Ltd (LP).
Shortly after the purchase date the Council received a request to vary the Lease to permit use as a pharmacy from LP.

Is has been provisionally agreed, subject to the Council’s own internal approval, that the change of use be permitted by way of a Deed of Variation and the payment of a premium to the Council from LP in consideration. Details of the premium due are contained within the confidential appendix.

In addition to the Deed of Variation, LP will also enter a Licence for Alterations, documenting the works that need to take place to convert the property from car showroom to pharmacy.

Permitting change of use will see a currently vacant property in the town centre brought back into use by the new leaseholder and provide an enhanced pharmacy provision for residents in the area.

Alternative options considered

There is no provision in the lease that compels the Council to permit/consent to a change of use. Not permitting/consenting to change of use risks the property, which is prominently placed on the edge of the town centre, remaining vacant and jeopardising the rental income due to the Council in connection with the lease.