Purpose

Cabinet Member approval is
sought to amend the form of agreement The Trustees of Shy Lowen
Horse and Pony Sanctuary will be granted in respect of the premises
they occupy. Heads of Terms for a Building Lease were originally
approved by way of Cabinet Member Report dated 12th
August 2020 ‘Lease of Land at Buckley
Hill Lane, Sefton - Shy Lowen Horse and Pony Sanctuary’ as
detailed in the background paper. A further Cabinet Member Report
date 9th August 2022 ‘Amendment to the Terms of
the Building Agreement of Shy Lowen Horse and Pony Sanctuary,
Buckley Hill Lane Sefton’ subsequently sought to vary the
terms of the Building Lease.
 

Decision

Decision(s):

 

1)   
That the revised form of agreement to be granted to
the Trustees Shy Lowen Horse and Pony Sanctuary by entering into a
new Lease agreement instead of a Building Lease be approved for the
reasons detailed within the Report, and
 

2)   
the Chief Legal and Democratic Officer be authorised
to draft the revised documentation and complete the necessary legal
formalities.

 
Reasons for the Decision(s):
 
The Council agreed to grant the
Trustees of the Shy Lowen Horse and Pony Sanctuary (the Trustees) a
25 year Building Lease to enable them to undertake improvement
works to the site prior to them being granted a 99 year
Lease.
 
The Trustees have subsequently
expressed concern that if they enter into a Building Lease they
would lose the security of Tenure that they currently enjoy under
their present lease agreement, resulting in their automatic right
to renew the Lease being lost.
 
Charity Fundraising Ltd (with
whom the Trustees are working with), still require the Trustees to
have a minimum 25 year Lease to be able to secure the funding,
therefore it is proposed that  the
Council will grant the Trustees a new 25 year lease. The Lease will
include the option to grant a reversionary Lease of the balance to
99 years upon the satisfactory completion of the improvement works
set out in the Lease.
 
Alternative Options
Considered and Rejected: (including any
Risk Implications):
 
The Trustees have advised that
if they are not granted a 25 year Lease that retains the protection
of their security of tenure, they will not be able to undertake the
improvement works as they won’t be able to secure the
funding. This being the case they will relocate the Sanctuary to
another location outside of Sefton which would lead to the loss of
a much valued service to the local community.