Decisions

3rd Ware Scout Group requires a surrender and regrant of a lease dated 12th November 2019 with amendments to align with HM Land Registry's request for the correct information to be registered and to include a change of Trustees. The new lease issued will be on the same terms as the current lease but incorporating the required amendments. It will be backdated to its original commencement date to prevent the 40 year term from being extended.

Agree to allow the surrender and regrant (simultaneously) with amendments to align the lease at HM Land Registry's request to be registered and to include a change of Trustees.

Active in the Community CIC have requested a new lease at Keynton Close Hall, Hertford to continue with activities they provide to the surrounding community. It is proposed to grant a 7 year lease with a rent review provision on the 5th year.

Agree to a new lease for a Community use property to enable provision of physical activity sessions to continue.

The purpose of this report is to seek consent to accept a surrender of a lease dated 8th November 2019 for use of the premises at 14 - 16 Water Lane, Bishop's Stortford as a restaurant.
The business opened just before the first Covid 19 lockdown and as a result was severely impacted before it was able to establish a resilient financial and trading position, with the business closing in early 2022. The council has negotiated a surrender of the lease and a payment plan regarding outstanding costs due to the council. The property is now empty and options for the future of the property are being considered together with the council’s wider land ownership in this location.

To accept a surrender of the lease dated 8th November 2019 between the council and the tenants for the premises at 14 - 16 Water Lane, Bishop's Stortford.

The property, 5 Gladstone Road, Dane End was sold under the right to Buy provision contained in the Housing Act 1980 in 1984. The current owner of the property has planning consent for a new dwelling in the garden of this property (3/25/0760/FUL) and has requested consent to relax the covenant restricting the use of the property for one dwelling house only.
The owner will be able to realise development value because of the grant of planning consent and in other circumstances that do not involve a property sold under Right to Buy legislation the Council would expect a capital receipt reflecting a share in this uplift in value. However under the Court of Appeal case of R v Braintree District Council (2000) the Council are unable to restrict the purchaser’s right to profit or to share any of this development value. In these circumstances the covenant has no value to the Council but there is no good reason to refuse the request and an additional dwelling will contribute to housing supply in the area. A refusal to the request could also be challenged as unreasonable given the Council no longer retains any land ownership in the area and therefore could not argue that the release of the covenant would adversely affect any of its property assets. Due to the court ruling in the Braintree case the council cannot charge any consideration for the release of the covenant but can charge its reasonable costs. The resident has agreed to pay the Council’s legal and surveyors' costs totalling £1,122.16.
The purpose of this report is to seek consent to the relaxation of the covenant contained in the conveyance dated 30th April 1984 restricting the use of the property to one dwelling house only.

To grant consent to the relaxation of a covenant contained in a conveyance dated 30 April 1984 of 5 Gladstone Road, Dane End.

The Council owns land on which the Thorley Community Centre is located at Friedberg Avenue, Bishop's Stortford. The land was leased to Thorley Community Centre Ltd. in 2000 for 60 years at a peppercorn rent. The building was constructed by the Tenant and has been managed and maintained by them since, as required under the lease. The centre offers a variety of activities and events for local residents to attend and is a popular and well run venue.
The current trustees of the centre, most of whom have been involved since the start of the lease would like now to retire from their roles but before doing so are keen to safeguard the future of the centre. They have been in discussions with Bishop's Stortford Town Council and have put forward a request to the Council for consent to assign the lease to Bishop's Stortford Community Centres, a CIO established by the Town Council. The lease prohibits all forms of alienation either by assignment or subletting but the Council can agree to relax this restriction if it considers the request reasonable and will not result in a detrimental use of the Council's asset . The Town Council has expertise in running community centres and previously leased 3 community centres from the Council which have subsequently been sold to them. In agreeing to relax the covenant in this instance it reduces the risk of the community centre failing at some time in the future because the current tenant does not have suitable or sufficient trustees to manage it effectively.
Agreeing to this request will safeguard the future of the community centre and ensure it is run and managed by an experienced and established organisation. The purpose of this report is to seek consent to allow the current tenant to assign the lease to Bishop's Stortford Community Centres.

To give consent to an assignment of the lease dated 26th October 2000 from Thorley Community Centre Ltd. to Bishop's Stortford Community Centres.

On 10 May 1977, East Herts Council and Hertfordshire County Council entered into a Joint Use Agreement with Chauncy School for the operation and public use of the school's swimming pool. Under the agreement, East Herts Council was granted a licence and authority by Hertfordshire County Council to manage and maintain the swimming pool, with access provided to both members of the public and pupils from Chauncy School and surrounding schools.
As part of the financial arrangement, East Herts Council agreed to contribute 60% of the annual costs, while Hertfordshire County Council covered the remaining 40%.
In 2011, Chauncy School converted to academy status and Hertfordshire County Council transferred ownership and responsibility for the swimming pool to the school. Since then, Chauncy School has owned the freehold to the pool and responsibility for the 40% cost share.
East Herts Council has continued to manage the site through its leisure provider, SLM (trading as Everyone Active), which entered into a 15-year contract with the Council on 1 January 2020. Throughout this period, the school relied on Department for Education (DfE) funding to meet its 40% financial commitment.
In October 2024, the school announced that the DfE would be ceasing its funding for the swimming pool. As a result, the school revealed that the facility would close on 23 December 2024. Given that the swimming pool and building are owned by Chauncy School - not East Herts Council - the decision to close the facility rested solely with the school. The school also cited the ongoing cost of maintaining an aging building and the need for significant works to the plant room as contributing factors in the closure decision.
On 4 January 2025, Everyone Active formally handed the building keys back to Chauncy School, leaving them to take responsibility for site safety and utility management.
Despite the handover, East Herts Council currently remains liable for any accidents or incidents on the site, as well for the ongoing utility costs and associated visits by Everyone Active. To remove this liability, a formal termination of the Joint Use Agreement is necessary.
Additionally, a financial dispute dating back to 2017 has now been resolved. During that period the school received DfE funding to contribute 40% toward the pool’s operational and maintenance costs, while the Council covered the remaining 60%. However, the previous Head Teacher disputed the charges, and the school did not pay its share. Following the appointment of a new Head Teacher in September 2024, a financial settlement was successfully negotiated.
This decision will be taken by the Director for Legal, Policy and Governance under his delegation at paragraphs 10.11.6 and 10.11.16 of the Constitution.

Option 1: Terminate the Joint Use Agreement with Chauncy School.

On 8 June 1977, East Herts Council and Hertfordshire County Council entered into a Joint Use Agreement for the operation of Ward Freman Swimming Pool. Under this agreement, East Herts Council was granted authority to manage and maintain the facility, ensuring access for both the public and pupils from Ward Freman School and surrounding schools.
A cost sharing arrangement was established, with East Herts Council contributing 60% and Hertfordshire County Council covering the remaining 40%, funded via Ward Freman school through Department for Education funding.
East Herts Council has continued to manage the facility through its leisure operator, SLM (trading as Everyone Active), under a 15-year contract commencing on 1 January 2020.
On 23 December 2023, the swimming pool was closed following a joint decision by both councils due to the significant level of investment required to meet essential operational and safety standards.
An inspection carried out in March 2023 by Hydrospec Ltd., commissioned by Everyone Active, identified substantial infrastructure issues, including outdated and failing boilers, an inadequate pool filtration system, and an ineffective air handling unit. Additional structural concerns include cracked and unsafe pool tiles, deterioration of pool surrounds and render. The facility also requires wider modernisation, including refurbishment of changing rooms and showers.
As of March 2023, the estimated cost to repair the facility was approximately £900,000. The asset owner, Hertfordshire County Council holds responsibility for investment decisions and confirmed closure due to insufficient available funding.
Since the closure of the pool, a formal community organisation - the Ward Freman Community Pool Group, has been established to lead efforts to secure the facility’s future.
The decision is taken under 10.6.1.2 of the Council's Constitution.

Officers recommend Option 1.
This recommendation is based on the following considerations:
•Substantial investment would be required to bring the aging building and plant room up to standard, which neither Councils can fund.
•The facility is owned by Hertfordshire County Council and not East Herts Council.
•Ongoing liability for health and safety, utilities, and due diligence presents a risk for the Council.