There is no reason for this culture of secrecy.
Oakham Town Council
22 July 2015
Cllr Brookes has asked three questions. I will only be answering the first in open session as the other two contain confidential information. If a later item on the agenda becomes exempt then I will answer the questions at that time.
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?
Answer:
Oakham Town Council agreed to be the leaseholder in name only for the car park which is designed to help overcome the dangerous situation on Brooke Road when children are dropped off and picked up from the School. The removal of any covenant is for discussion and negotiation between the Academy and The Woodland Trust and has no cost implications on the Council.
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.
Answer:
During discussions with the solicitor, the Clerk and I were made aware that the acquiring of the indemnity insurance by Brooke Hill Academy was a ‘commercial in confidence matter’. Cllr Brookes was aware of this fact but instead chose to make the matter public. Members are expected to respect confidentiality on issues considered by the Council.
3) If Brooke Hill Academy has truly acquired an indemnity why is Oakham Town Council instructing its solicitor to arrange an immediate opt out surrender clause if the covenant is legally challenged by the previous land owner?
Answer:
The Council, at the outset, advised both the Academy and The Woodland Trust that it would be the leaseholder in name only and would not put itself in a position where additional costs, other than its own legal fees, would be incurred. If a claim were to be made then the Council could be drawn into possible legal action and the subsequent costs. Therefore to protect the Council’s position the Council’s solicitor was instructed to advise Brooke Hill Academy and the Woodland Trust that the Council would seek an immediate break clause to be written into the lease to protect its position.
The Council’s request for a break clause has been rejected and therefore the Council no longer has an interest in continuing with the lease.
