WhatDoTheyKnow?

Dear Mr Phelan,

Re: Freedom of Information Request No. 2192 ? Sale of Land at The Mead and
Auriol Schools

I have considered your request under the Freedom of Information Act (as
clarified by our correspondence and telephone conversation) for
information and documentation relating to the Sale of land at The Mead and
Auriol Schools.

Background:

At the meeting of the Executive on Tuesday February 17th 2004, Members
authorised a single project that involved three elements (the full Officer
report is enclosed):

Closure of Swansmere and Ambleside Schools at Walton. The building of a
new school now called Walton Oak Primary School. The sale of the former
school building sites at Swansmere and Ambleside.
The closure of Court Lodge School, Horley. The building of an extension at
Sangers School renamed Manorfields. The sale of the former Court Lodge
site.
The building of extensions at The Mead and Auriol Schools. The sale of a
parcel of land.

The ?single project? was self-financing although individual components
might not have been.

Statutory Framework:

All local authorities are under a statutory responsibility enshrined in
Section 123 of the Local Government Act 1972 to receive the best possible
consideration obtainable on any property transaction.

All local authorities are under a statutory responsibility to obtain
consent from the relevant Secretary of State under the School Standards
and Framework Act 1998 if it proposes to dispose of playing fields as
defined. The County Council obtained such consent (a copy of the letter is
enclosed). An application for consent to include part of the adjoining
hard play area was withdrawn.

Communications with Governors/School:

In view of the nature of the project as it related to The Mead and Auriol
Schools, there were on going communications between Surrey County Council
and the schools. These dealt primarily with the progress of the build
project and the disposal of the land. In particular, the main areas of
communication related to:

The need to reduce the vulnerability of the prefabricated buildings on the
site to be sold and the requirement not to bring attention to their
disposal by placing a ?For Sale? board on the site.
The requirement of the purchaser to erect a boundary figure along the
common boundary. There were discussions and meetings between the
Governors, the schools and Surrey County Council but no record was kept
although the agreement was enshrined within the Transfer of the site to
Fairview New Homes Ltd.

Copies of that correspondence are in the attached file.

Communications with Fairview New Homes

As a result of a marketing exercise carried out by the external consultant
Savills the Councils Executive approved a sale to Fairview New Homes Ltd.
The Minute of the Executive dated 9 October 2007 is attached. The Transfer
of the land is governed by the TP1 (copy attached) and further, in the
contract, contains the following further information relating to the
conditions of the sale:

Demolition & Boundary Structures:

The Buyer covenants with the Seller that:

No demolition works to slab level of the buildings currently on the
Property as shown on the Plan or any asbestos removal will be carried out
during school term time and these works will only be carried out within
school holiday periods (as such holidays periods have been notified to the
Buyer prior to the date hereof):
All works referred to in Clause 22.1 will be carried in accordance with
all statutory regulations and with best industry practice.
The Buyer will (subject to obtaining planning permission to do so which it
will use its reasonable endeavours to obtain as soon as practicable)
within the later of 12 months of the date of the Transfer or within four
months of obtaining planning permission to do so (or within such longer
period as the Seller may agree) erect a high quality eight feet high
continuous brick wall (at its own cost) along the boundaries of the
Property between the points marked A-B-C-D-E on the Plan (provided that
the Buyer shall not be in breach of its obligations under this clause if
it is required by the local planning authority to provide at selected
locations along such boundaries a different boundary structure to a height
and material approved by the local planning authority in order to avoid
adversely affecting any tree or public footpath at any such location such
boundaries or for such other reasons as the local planning authority may
determine); and
If (notwithstanding the Buyer having used reasonable endeavours to do so)
the Buyer shall not have obtained planning permission to erect the wall
referred to in Clause 22.3 within the specified period the Buyer shall
forthwith erect a high quality six feet high continuous brick wall (at its
own cost) along the boundaries of the Property between the points marked
A-B-C-D-E on the Plan (provided that the Buyer shall not be in breach of
its obligations under this clause if it is required by the local planning
authority to provide at selected locations along such boundaries a
different boundary structure to a height and material approved by the
local planning authority in order to avoid adversely affecting any tree or
public footpath at any such location such boundaries or for such other
reasons as the local planning authority may determine).

Communications with Epsom & Ewell Borough Council
The County Council acts as a landowner when it comes to the disposal of
property assets. It has no powers to grant itself planning consent but
could submit an application to the relevant planning authority if there
was a benefit in doing so. In the case of the land at The Mead and Auriol
schools neither the County Council nor its consultants submitted an
application or sought advice to assist the disposal process other than
that already available in the public domain.

Attached Files:

I have attached three files which contain the key documentation:

DES Letter re Mead and Auriol Schools - contains letter from Government
re: land sale.
Mead & Auriol School Correspondence - file of correspondence, Executive
Minutes annd Officer Report re: Education Capital Strategy
TP1 - Land Registry document relating to the sale.

We supply this information based on your original request. Please do not
hesitate to contact me at the above address if you have any queries
regarding the information enclosed. Remember to quote the reference
number above in any future communications.

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

Freedom of Information Officer
Surrey County Council
Room 134
County Hall
Penrhyn Road
Kingston Upon Thames
Surrey
KT1 2DN
[Surrey County Council request email]

If you are not satisfied by the County Council?s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision. The Information Commissioner will normally expect you to have
exhausted our complaints procedure. The Information Commissioner can be
contacted at:

Information Commissioner?s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Peter Ward
Information Access Officer
Estates Planning & Management
Room 407, County Hall
Penrhyn Road
Kingston-on-Thames
KT1 2DW
E-mail: [email address]
Telephone: 020 8541 9959

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