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Waverley Borough Council Committee System - Committee Document

Meeting of the Executive held on 28/10/2003
Surrender and Renewal of Lease - Pizza Piazza, 68a Castle Street, Farnham



Summary & Purpose
This report seeks authority for the surrender and renewal of the lease on the above premises.

Quality of Life Implications
Natural Resource Use
Pollution Prevention and Control
Biodiversity and Nature
Local Environment
Social Inclusion
Safe Communities
Local Economy
Natural
Resource Use
Pollution
Prevention and Control
Biodiversity
and Nature
Local
Environment
Social
Inclusion
Safe, Healthy
and Active
Communities
Local
Economy
N/A
N/A
N/A
Positive
N/A
N/A
N/A


APPENDIX I
WAVERLEY BOROUGH COUNCIL

EXECUTIVE – 28TH OCTOBER 2003

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Title:
SURRENDER AND RENEWAL OF LEASE - PIZZA PIAZZA, 68A CASTLE
STREET, FARNHAM

[Ward Affected: Farnham Castle]
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Note pursuant to Section 100B(5) of the Local Government Act 1972

The annexe to this report contains exempt information by virtue of which the public is likely to be excluded during the item to which the report relates, as specified in Paragraph 9 of Part I of Schedule 12A to the Local Government Act 1972, viz:-

Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

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Summary and purpose:

This report seeks authority for the surrender and renewal of the lease on the above premises.

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Quality of life implications – social, environmental & economic (sustainable development):

Pizza Piazza Limited occupy the former Castle Theatre, which is a Grade II* listed building. The company proposes to undertake works to refurbish the building. While these works are subject to planning permission, the Lessee also requires to obtain landlord’s consent for them.

E-Government implications:

There are no e-government implications to this report

Resource and legal implications:

The lease of 68a Castle Street is due to expire on 24th March 2004. By agreeing to a new 20 year lease, Waverley will be ensuring the continuation of the income flow.

The drafting of the lease will involve officer time. As is normal, each party is to bear its own legal costs on the renewal of a lease.

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Introduction and Background

1. 68a Castle Street is a Grade II* listed building. It was originally the Castle Theatre and is now occupied by Pizza Piazza Limited as a restaurant under a lease that is due to expire on 24th March 2004. The Lessee has rights to renew under the Landlord and Tenant Acts.

2. The Lessee has requested landlord’s consent to undertake alterations, including an extension, to the building. The works to the building are subject to planning permission. However, Waverley would be unwise to grant landlord consent to such works without the grant of a new lease as, under present legislation, it would be liable to pay compensation for the works should the Lessee decide to vacate the premises on the expiry of the lease.

3. The Lessee has indicated that it is happy to surrender its existing lease and obtain a further lease of 20 years on terms and conditions set out in the (Exempt) Annexe. It is anxious to proceed in order that the works can be completed before Christmas. As the time constraints are tight, the documents have been drafted and agreed. The Lessee has confirmed that it will pay any abortive legal costs that Waverley may incur in undertaking this work.

Recommendation

It is recommended that Pizza Piazza Limited be allowed to surrender their present lease of 68a Castle Street and be granted a further lease of twenty years on terms as set out in the (Exempt) Annexe, other terms and conditions to be agreed by the Property and Development Manager.

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Background Papers (DoP&D)

There are no background papers (as defined by Section 100D(5) of the Local Government Act 1972) relating to this report.

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CONTACT OFFICER:

Name: Ailsa Rhodes Telephone: 01483 523459

E-mail: arhodes@waverley.gov.uk

comms/exec/03-04/301