Notes from Ken wood - Past WH&CC

Having read Rays timelines 1 & 2, I would confirm that they give a true account as to how the WH&CC project has been dealt with by the Willand Parish Council. All the statements are well supported by the relevant documents, and detail as to how the WPC acting as administrators, set out the application to the Charities Commission to establish the WH&CC as a Charitable Incorporated Organisation.

Having been involved with the WH&CC project since 2015 and project leader for the last two years, I have spent considerable time and energy trying to make the WPC understand that the lease "served” on WH&CC was unworkable. Yet despite all the reasoning and legal documents they have refused to change their hard line on the lease, knowing full well that the trustees of the WH&CC could not legally sign it.

It would seem farcical that the residents of Willand have a un- elected number of councillors who make decisions on behalf of the residents, without any thought or reference as to what they want or need. More so the councillors led by the parish chairman elect each other, which makes it even more difficult to believe.
 
A recent outstanding example of how the WPC represents the residents can be particularly demonstrated by the "Questionnaire Study” asking if they wanted a Health & Community Centre was delivered to all Willand residences within the EX15 2 postal code, which is the catchment area for the proposed WH&CC. From the response it showed that 94% wanted the WH&CC, 94% wanted a surgery, and 94% wanted the pharmacy located in the new WH&CC, the balance of the response were also in favour of the other facilities that the WH&CC would provide. 

This result was passed to the WPC via their clerk, the WPC, however, chose to completely ignore the overwhelming result of the questionnaire, and have elected to give a lease to the pre-school to develop the land and buildings.

I have nothing against the pre-school, but it needs to remembered that it will only deliver a service to perhaps 30/40 families in Willand, whereas the WH&CC was designed to bring a wide range of community services to the whole of the Willand population.

WHATEVER HAPPENED TO DEMOCRACY?

I feel that the residents of Willand should see the note I sent to the Willand Parish Council 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 is somewhat historical, when the WPC originally conceived the idea to apply for the CIO, the peppercorn rent was included in their application. The WPC can of course apply a payable rent, but it would be necessary for the WH&CC to pass on any additional charges to the running costs. Effectively this would mean that the people of Willand would be paying extra to use an asset they own.

In previous exchanges of correspondence you have mentioned that the Parish Council have carried out "Due diligence” with regards to the lease. Well, as you are aware I have held senior corporate positions for many years, during which time I have been involved with many acquisitions, takeovers, awarding major contracts and transfer of intellectual rights, all of which have required "Due diligence”. Realistically in this situation "Due diligence” becomes an analysis of the risk factors, so I have shown below how I personally view the main risks that the WPC are exposed to.
 

Risk	Analysis of risk	Risk factor 0 – 10 (0 = low risk, 10 = high risk)
Parish Council solicitor advice is that if a 99 year lease without the exclusion act is given to the WH&CC, the PC will be forfeiting their freehold.	The lease cannot be forfeited whilst the Parish Council is the registered freehold owner with the Land Registry.	Risk factor = 0
Disposal of the asset, (The Land known as The Gables.)	The asset can only be disposed of if the WPC choose to do so	Risk factor = 0
What if the WH&CC fails to deliver the Willand Health & Community Centre, or cannot sustain the ongoing funding?	The lease allows for the landlord (The WPC) to take the asset back into their control.	Risk factor = 0
What if the current S106 reaches its expiry date, before the WH&CC can commence the construction of the new building?	The WPC and the WH&CC would have entered into discussion well before this date, to ensure this could not happen	Risk factor = 0