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Speculation? Rumour? Misinformation? - Timeline 2
Continuing the timeline from the start of the project to date. We are now in 2015 and the agreement had been made that the charity would develop the lease at it's own cost and prior to signing, the Parish Council would take legal advice if there was anything that concerned them. MDDC legal department confirmed that our agreement was fine but recommended that the Parish Council in any case had a solicitor look over the lease before signing.
I have inserted the summary of the purchase and the heads of agreement which were submitted to the Charity Commission at their specific request.
Summary of Costs
Change of Parish Council Chair
Disappointing but that is democracy - until I found out what actually happened. After I expressed my concerns I received an email from a Parish Councillor
I question whether rather more of the conversation should have been included in the minutes? I had never said things attributed to me in the meeting.
As the charity would be dealing with sub leases, it was agreed that the charity would commission and fund the development of the lease. Community sub committee 7th May 2015
Following the first cold shower described in timeframe 1 the community sub committee had to consider the statements made by Cllr Warren 4th June 2015 which was the beginning of the Change in attitude of the Parish Council The Chair brought forward a discussion on the overall Gables project and whether the Parish Council should continue to push forward the development of a Willand Health and Community Centre. Following a full discussion considering the possible costs and complications as outlined by the architect and possible ways forward, the following two proposals were made.
Following the first cold shower described in timeframe 1 the community sub committee had to consider the statements made by Cllr Warren 4th June 2015 which was the beginning of the Change in attitude of the Parish Council
The Chair brought forward a discussion on the overall Gables project and whether the Parish Council should continue to push forward the development of a Willand Health and Community Centre. Following a full discussion considering the possible costs and complications as outlined by the architect and possible ways forward, the following two proposals were made.
The initial lease from the solicitor was a full commercial lease but as the buildings were to be transferred to the charity only a land lease was required. These are the notes I proposed to the Parish Council to go to the solicitor. it is dated 15th November 2015
Cllr Warren replied on the 17th November.
The solicitor stated that as the buildings were on the land, they could not be ignored but that he could remove all of the commercial terms and make it as near to a land lease as possible. This was agreed and a second version of the lease was agreed. There were one or two small anomalies left such as how to charge 20% VAT on a peppercorn (I wonder who came up with that one?). Tony Mander and myself were charged with meeting the solicitor and resolving any remaining issues. The lease was then reviewed by the Trustees (who were the Parish Councillors except Cllr Warren who somehow managed not to become a trustee). The completed lease was circulated again to the Parish Councillors in December 2015 and nothing has been heard of it since apart from the fact that a solicitor was commissioned by the parish Council.
Following the extremely high tenders received by developers for the refurbishment, a meeting was held to work out the way forward. The decision was that a new build would be the most cost effective and allow us to not be constrained by the limitations of the existing buildings. A proposal was put to the Parish Council community meeting to move the project forward. .
We have a recording of the meeting and Cllr Warren clearly stated that he could support this proposal and indeed initiated the discussion on item b) and agreed to manage the relationship with the architect. Why would he give his support and then abstain in the vote? What is not in the minutes was that he then stated that the decision although passed by the meeting would have to go to full council for ratification. This was not necessary as the committee had been given authority to manage the project totally.
What happened in practice was that he then proposed in the Full Council to pass the decision to a different meeting and we have never heard of it since.
This is called kicking it into the long grass.
A tale of 2 leases - lease 2
As stated earlier, the heads of agreement is an instrument to allow solicitors to communicate to meet an achieved goal whilst providing as much protection as possible for their clients. Once the lease is signed, the heads of agreement become obsolete.
Despite all the requests to remove these clauses, the Parish Council have refused to change the lease. There were some suggestions that the trustees paid a market ground rent rather than a peppercorn, the Parish Council might be able to "see it's way" to removing the non renewal clause. It seems that the Parish Council has hijacked the project to turn it into a business opportunity for themselves.
The trustees meeting with the Parish Council 9th January 2017
The following are commented extracts from the transcripted recording. The full transcript will be made available
Just a few questions now...
As I stated at the beginning of these documents. This is not a "have a go at the Parish Council" in the way that they carry out the tremendous work they do on a voluntary basis.
I have only commented on this web site and the associated Facebook page in response to adverse comments and misinformation on this subject mainly in the village magazine which then denies the right of reply for two months.. These document spell out the truth using unedited material in emails and documents. I have made observations but you, the residents will judge at the appropriate time.
This is my last word on the subject unless there are further adverse comments made or misinformation (lies) used in the "State of the Village" articles..
The links will be made available to the Charity Commission as in my opinion and the opinion of my legal advisors, Charity law has been broken in false information being provided to the Charity Commission and the attempts by the Parish Council to control the Trustees.
Thank you for persevering with this
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On 08 Aug 2018, Ken Wood wrote:
Following on from my recent posting, I felt that the residents of Willand should see the note I sent to the WPC clerk. Dear Kate Thanks for copying me in to the note you sent to Frances, like yourself, the following are only my personal thoughts as to where we are with the current situation. The only problem relating to the signing of the lease is the exclusion clause, this again is my own thinking, but perhaps the advice given by Ashfords was not correct for the type of lease the WPC have offered to the WH&CC. Four independent solicitors think so, and also one professional charted surveyor with considerable experience in negotiating leases for the medical profession, also gives advice confirming this. Never the less we are at this stalemate position, I just feel that if the Parish councillors could relax their position and agree to have the exclusion clause deleted, it would immediately remove all obstacles, allowing the lease to be signed. Concerning rent, I would say that this