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More similar requests

sale of land to Fairview Homes Mead and Auriol school Worcester park

A Freedom of Information request to Surrey County Council by David Phelan

The request was partially successful.

David Phelan

5 April 2008

Dear Sir or Madam,
I would like to request all the corresponance between Surrey County Council with regard to the sale of Land belonging to The Mead School to Fairview Homes, Worcester Park. In particular i request to know Surrey County Councils guidelines that it has to adher too when selling public land.I would also like to know the formula used to qualify this parcel of land to be sold to a developer.
I would also like to request the condition of sale documents that Fairview Homes bought the parcel of land.

Yours faithfully,
David Phelan MCIOB

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Eileen Perren
Surrey County Council

8 April 2008

8/4/2008

Dear Mr Phelan

RE: YOUR REQUEST REF NO. 2192 UNDER THE FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information received on the 7 April 2008.
Your request reference is as above.

We will respond to your request promptly and in any event within 20 working
days of the date of receipt of your request. If you wish to contact me to
discuss the progress of your request, please use the contact details given
below and quote the reference number given above.

Yours sincerely

Eileen Perren

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Mark Turner
Surrey County Council

14 April 2008

FAO MR David Phelan

Dear Sir

To your email re the above, I am the person at County Hall that has been
passed your request, to deal with.

I seek clarification as to the exact nature of your enquiry as the volume
of correspondence is prodigious and I am uncertain as to the relevance of
much of it.

Please contact me either via email or telephone.

Many thanks.

Yours faithfully

M A Turner BSc MRICS
Chartered Surveyor

Senior Consultant to Surrey County Council

020 8541 8036
07798 532490

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David Phelan

14 April 2008

Dear Mark Turner,
It was good talking with you and i understand you are trying to cut down the volume of information that needs to be collected.But for the community to get to the bottom of this thieft i need to know who has been involved, from the time in 2005 when the secretary of state stopped the sale of this land.
Items requested,
1.Surrey County Councils code that they must adhere too when selling public land, as from a campaign in 2005 by Locals opposing School site sale. Ruth Kelly The Secretary of State had stopped the sale of this land as the money would have been used to benefit other schools.
2. All communications between the Gov and Surrey County Council regarding the sale of this land.
3. All communications between the schools Mead and Auriol and surrey county council regarding the sale of this land.
4. All communications between Fairview homes and surrey county council regarding conditions of sale of this school land.
5.All communications between epsom and ewell planning department and fairview homes.

Yours sincerely,
David Phelan MCIOB

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Grisilda Ponniah
Surrey County Council

14 April 2008

I will be out of the office starting 11/04/2008 and will not return until
22/04/2008.

I will respond to your message when I return. If you have any urgent
queries please ring 02085419088 for Legal Business Support queries or
contact Eileen Perren for FOI or DP queries

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Peter Ward
Surrey County Council

25 April 2008

Dear Mr Phelan,

Re: Request No.2192 under the Freedom of Information Act 2000

Thank you for the conversation on Wednesday afternoon. I can confirm that
we are looking to complete our response to you as soon as possible.
Unfortunately a key colleague is on leave this week but I hope we will
have something for you during the coming week.

Yours Sincerely

Peter Ward
Information Access Officer
Surrey County Council
Room 407, County Hall

Tel: 020 8541 9959

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David Phelan

25 April 2008

Dear Peter Ward,
Thanks for coming back to me.Thanks for gathering information for us. Further to our conversation please can you supply package in paper format and send also by pdf.

Yours sincerely,
David Phelan MCIOB

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Peter Ward
Surrey County Council

1 May 2008

Attachment DES Letter Re Mead and Auriol Schools.PDF
Attachment Mead & Auriol School Correspondence.pdf
Attachment TP1.pdf

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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Peter Ward
Surrey County Council

6 May 2008

Attachment Auriol & The Mead Section 77.pdf

Dear Mr Phelan.

Re: Freedom of Information Request No.02192

Thank you for your telephone call on Friday morning. I apologise for not
having included the following in the first response. I was not made aware
of this documentation until this morning and I believe this now
represents a full response to your request.

This contains the submitted SATPF1 form and supporting documentation. As
always, if you have any questions, please do not hesitate to contact me.

Yours Sincerely

Peter Ward
Information Access Officer
Estates Planning & Management
Surrey County Council
Room 407, County Hall

Tel: 020 8541 9959

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David Phelan

8 May 2008

Dear Peter Ward,
Thanks for getting the document that i requested.It had a lot of information.
There is still one other -- we require the sales documentation pack that Savills would have put together for purchasers.ie the pack of information that Fairviews bought the land.

Yours sincerely,
David Phelan MCIOB

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Eileen Perren
Surrey County Council

8 May 2008

Dear Mr Phelan

I acknowledge receipt of your email and have forwarded it to Peter Ward

regards

Eileen Perren

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Peter Ward
Surrey County Council

8 May 2008

Attachment Sale Document Auriol & The Mead.pdf

Dear David,

Re: Freedom of Information Request No.02192

Thank you for your response which has been passed to me.

I attach the sales document you referred to prepared by Savills. If there
are any other aspects of the sale you wish to discuss, please contact my
colleague, Mark Turner, who I believe you have already spoken to, as he
dealt with the sale for Surrey County Council.

Mark can be contacted on 020 8541 8036 and has informed me he is more than
willing to discuss the sale and the relevant documentation with you.

Yours Sincerely

Peter Ward
Information Access Officer
Estates Planning & Management
Room 407, County Hall

Tel: 020 8541 9959

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David Phelan

9 May 2008

Dear Peter Ward,
Thanks for reply.
I have left a message on phone no sent for mark Turner regarding the cd, but the info i require is the cd information pack produced by Savills Or all 7 PDF files from title report to Topographical Survey.

Yours sincerely,
David Phelan MCIOB

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