All
Please note that Items 10 (i) and 10 (ii) on next week's agenda relating to the above will not now be considered.
This follows an e-mail from the solicitor acting for Brooke Hill Academy as below. This relates to a proposed clause in the lease that would have allowed the Council to terminate the lease under *specific circumstances.
The Woodland Trust are unable to continue their discussions with the Town Council at this time as the break clause requested by the town council is unacceptable.
Richard White
Clerk to Oakham Town Council
01572 723627
*Specific Circumstances being if the secret was leaked out and the beneficiary of a covenant
started legal proceedings.
A Rutland County Councillor tells me I should not have gone public with this or gone to the
press.
They tell me indemnities are normal perhaps they are when a covenant is a few hundred
years old not around seven years.
The Rutland County Councillor also told me Rutland County Council has granted
planning permission to extend Brooke Hill based on them having use of the Woodland
Trust Land.
Are Rutland County Council stupid? Have they forgot how shonky Oakham Town Council
is?
How could they have granted planning permission without the School securing the
land first.
We have just had an election how could our chairman and Rutland County Council
think all new members would approve this project.
Yes maybe the old council agreed to go ahead with the project, but that gives
no guarantee the new council would have agreed the lease.
It surprises me Councillor Dewis did not rush it through before May, perhaps
he was busy messing everything else up like the accounts.
http://www.rutland-times.co.uk/news/local/extra-checks-after-errors-in-oakham-town-council-accounts-1-6854718
Councillors Questions For Full Council Meeting 22nd July 2015
Dear Richard or Allison
Please confirm receipt of my questions to be answered at the
meeting on the 22nd July 2015 Agenda item 4
1) Why is Oakham Town Council continuing to assist Brooke Hill Academy
procure the use of Woodland Trust Land when it is aware there is
a covenant on the land which prevents the creation of a car park?
2) Why is Oakham Town Council expecting members to keep a secret
from the beneficiary of a covenant, that secret being
Brooke Hill Academy has sourced an insurance policy which
will indemnify the Woodland Trust against any claim that
could be made by the previous land owner.
3) If Brooke Hill Academy has truly acquired an indemnity
why is Oakham Town Council instructing its solicitor
to arrange a immediate opt out surrender clause if
the covenant is legally challenged by the previous
land owner?
Cllr Martin Brookes
Please note that Items 10 (i) and 10 (ii) on next week's agenda relating to the above will not now be considered.
This follows an e-mail from the solicitor acting for Brooke Hill Academy as below. This relates to a proposed clause in the lease that would have allowed the Council to terminate the lease under *specific circumstances.
The Woodland Trust are unable to continue their discussions with the Town Council at this time as the break clause requested by the town council is unacceptable.
Richard White
Clerk to Oakham Town Council
01572 723627
*Specific Circumstances being if the secret was leaked out and the beneficiary of a covenant
started legal proceedings.
A Rutland County Councillor tells me I should not have gone public with this or gone to the
press.
They tell me indemnities are normal perhaps they are when a covenant is a few hundred
years old not around seven years.
The Rutland County Councillor also told me Rutland County Council has granted
planning permission to extend Brooke Hill based on them having use of the Woodland
Trust Land.
Are Rutland County Council stupid? Have they forgot how shonky Oakham Town Council
is?
How could they have granted planning permission without the School securing the
land first.
We have just had an election how could our chairman and Rutland County Council
think all new members would approve this project.
Yes maybe the old council agreed to go ahead with the project, but that gives
no guarantee the new council would have agreed the lease.
It surprises me Councillor Dewis did not rush it through before May, perhaps
he was busy messing everything else up like the accounts.
http://www.rutland-times.co.uk/news/local/extra-checks-after-errors-in-oakham-town-council-accounts-1-6854718
Councillors Questions, Brooke Hill Academy, Oakham, Woodland Trust and Oakham Town Council
Councillors Questions For Full Council Meeting 22nd July 2015
Dear Richard or Allison
Please confirm receipt of my questions to be answered at the
meeting on the 22nd July 2015 Agenda item 4
1) Why is Oakham Town Council continuing to assist Brooke Hill Academy
procure the use of Woodland Trust Land when it is aware there is
a covenant on the land which prevents the creation of a car park?
2) Why is Oakham Town Council expecting members to keep a secret
from the beneficiary of a covenant, that secret being
Brooke Hill Academy has sourced an insurance policy which
will indemnify the Woodland Trust against any claim that
could be made by the previous land owner.
3) If Brooke Hill Academy has truly acquired an indemnity
why is Oakham Town Council instructing its solicitor
to arrange a immediate opt out surrender clause if
the covenant is legally challenged by the previous
land owner?
Cllr Martin Brookes
Thursday, July 16, 2015
Brooke Hill Academy, Oakham, Woodland Trust and Oakham Town Council, Car Park and possible corruption
Brooke Hill Academy, Oakham, Woodland Trust and Oakham Town Council, Car Park and possible corruption
10. CAR PARK AT BROOKE HILL ACADEMY (Appendix E) (i) To consider a report and to decide whether to authorise the Chairman to sign the Lease with the Woodland Trust Members are asked to note that should detailed discussion take place about Item 10(i) then they may be asked to exclude the Press and Public under the provisions of Section 2 of the Public Meetings (Admission to Meetings) Act 1960 as amended, due to some of its confidential nature (ii) To authorise preparation of a draft agreement between Oakham Town Council and Brooke Hill Academy regarding the future management of the proposed car park
At the next meeting we are being asked to consider the above.
I was concerned to read an approval of a lease document would need to become
an exempt matter.
The Woodland Trust own land next to Brooke Hill Academy.
Brooke Hill Academy want to acquire a piece of the land for parent parking.
Because of laws and regulation governing Trusts such as the Woodland Trust
The Woodland Trust can not grant a lease or licence to a non statutory body
so it was decided that Oakham Town Council would be the lease holder and
sublet or licence the land to Brooke Hill Academy at no cost to Oakham
tax payers.
Due to complications Cllr Alf Dewis and the Clerk have run up a legal bill
of just under £350 so far.
Today I asked Richard White why a lease would need become an exempt item?
During the meeting I had with him earlier today he told the reason why and
said it must remain confidential.
After some considerable thought and advice I feel it would be wrong, perhaps
dishonest and corrupt for any councillor to agree this lease knowing the following:
Before I write the reason I would like to say I am not surprised that this
Cllr Alf Dewis's project.
There is a covenant on the land of which the previous landowner is a beneficiary.
The Woodland Trust solicitors have apparently written to this person. They
have no responded to the letter.
In the meantime Brooke Hill Academy have apparently found an insurance
company prepared to indemnify the Woodland Trust against any claim from
the beneficiary of the covenant.
The Woodland Trust and their legal advisors do not want the previous land owner
to know about this insurance policy.
Also the Town Council Solicitors agree.
And that is the reason why the public and press may be excluded from
that part of next Wednesday's meeting.
I find it shocking that our Mayor is expecting Councillors to breach the Nolan Principles
of Public Life as a matter of course.
The 7 principles of public life
Published 31 May 1995
Contents
Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
Leadership
I was also told if Brooke Hill Academy Did not get a car park on land
that has a covenant not to build a car park then this would effect their
planning application at RCC for the proposed School extension.
10. CAR PARK AT BROOKE HILL ACADEMY (Appendix E) (i) To consider a report and to decide whether to authorise the Chairman to sign the Lease with the Woodland Trust Members are asked to note that should detailed discussion take place about Item 10(i) then they may be asked to exclude the Press and Public under the provisions of Section 2 of the Public Meetings (Admission to Meetings) Act 1960 as amended, due to some of its confidential nature (ii) To authorise preparation of a draft agreement between Oakham Town Council and Brooke Hill Academy regarding the future management of the proposed car park
At the next meeting we are being asked to consider the above.
I was concerned to read an approval of a lease document would need to become
an exempt matter.
The Woodland Trust own land next to Brooke Hill Academy.
Brooke Hill Academy want to acquire a piece of the land for parent parking.
Because of laws and regulation governing Trusts such as the Woodland Trust
The Woodland Trust can not grant a lease or licence to a non statutory body
so it was decided that Oakham Town Council would be the lease holder and
sublet or licence the land to Brooke Hill Academy at no cost to Oakham
tax payers.
Due to complications Cllr Alf Dewis and the Clerk have run up a legal bill
of just under £350 so far.
Today I asked Richard White why a lease would need become an exempt item?
During the meeting I had with him earlier today he told the reason why and
said it must remain confidential.
After some considerable thought and advice I feel it would be wrong, perhaps
dishonest and corrupt for any councillor to agree this lease knowing the following:
Before I write the reason I would like to say I am not surprised that this
Cllr Alf Dewis's project.
There is a covenant on the land of which the previous landowner is a beneficiary.
The Woodland Trust solicitors have apparently written to this person. They
have no responded to the letter.
In the meantime Brooke Hill Academy have apparently found an insurance
company prepared to indemnify the Woodland Trust against any claim from
the beneficiary of the covenant.
The Woodland Trust and their legal advisors do not want the previous land owner
to know about this insurance policy.
Also the Town Council Solicitors agree.
And that is the reason why the public and press may be excluded from
that part of next Wednesday's meeting.
I find it shocking that our Mayor is expecting Councillors to breach the Nolan Principles
of Public Life as a matter of course.
The 7 principles of public life
Published 31 May 1995
Contents
Selflessness
Integrity
Objectivity
Accountability
Openness
Honesty
Leadership
I was also told if Brooke Hill Academy Did not get a car park on land
that has a covenant not to build a car park then this would effect their
planning application at RCC for the proposed School extension.
