Agenda item

To obtain authority from full Council to purchase by agreement or using compulsory purchase powers all or parts of land identified within the plan attached to the report (Appendix C) to enable the relocation of Theale Church of England Primary School from Church Street, Theale to land adjoining Englefield road and North Street, Theale.

(Councillor Alan Macro declared a personal and a disclosable pecuniary interest in Agenda item 18 by virtue of the fact that was a Member of Theale Parish Council, he was a Governor at Theale Church of England Primary School and was a member of the project team.. As his interest was personal and a disclosable pecuniary interest  he determined to leave the meeting and took no part in the debate or voting on the matter).

(Councillor Pamela Bale declared a personal interest in Agenda item 18 by virtue of the fact that she was a governor at Theale Green School (One of the discounted options) . As her interest was personal and not a disclosable pecuniary interest she determined to take part in the debate and vote on the matter).

(Councillor Alan Macro left the meeting at 8.30pm and returned at 8.40pm)

The Council considered a report (Agenda Item 18) which sought approval to purchase land using compulsory purchase powers to replace Theale Church of England Primary School. The Council would be unable to provide sufficient primary school places in Theale by September 2017 if agreement to purchase the land by negotiation did not occur immediately.

MOTION: Proposed by Councillor Lynne Doherty and seconded by Councillor Dominic Boeck:

That the Council:

1.    “Having given consideration to all the provisions of this report including the impact on Human Rights and Equalities, resolves to delegate to the Head of Legal Services authority to make a Compulsory Purchase Order(s) and other such powers as detailed in Section 1.1 of this report.

2.    Whilst negotiations are continuing to take place, successful negotiated purchase agreements cannot be reached despite numerous attempts to engage over the last 18 months.

3.    Without the Council's involvement to acquire the necessary interests in land, the Council will be unable to unlock the site for the relocation of Theale Church of England Primary School.  The school has already exceeded capacity and there is an urgent need to provide more primary school places in Theale to meet current demand and projected pupil modelling numbers.  The proposal will assist with meeting the Council's duty to provide sufficient primary school places. ”.

Councillor Doherty noted that the National Audit had warned that there was a national shortage of places at both primary and secondary level. West Berkshire Council had a duty to ensure that there were sufficient school places available to every West Berkshire resident child that requested one between the ages of five and 11 and thereafter to 17.

The Council had therefore been working with Theale Church of England Primary School to replace the existing school situated in Church Street in Theale as part of the Education Capital Programme. The existing school was already at over capacity and there was an urgent need to deliver suitable accommodation for a new school.

The land identified for the relocation was currently owned by Englefield Estate but was leased by Theale Parish Council. Negotiations had been progressing over the past 18 months with the freeholder but the Parish Council had not engaged and the Council was being for5ced to consider making a Compulsory Purchase Order (CPO) to acquire the land.

Councillor Emma Webster commented that it was sad that the Council was having to resort to a CPO and she hoped that the process could now be expedited.

Councillor Lee Dillon stated that while he supported the CPO route he hoped that the Council would not have to resort to this costly and time consuming process. He would prefer to see the costs spent on legal fees being used towards the building of the school.

Councillor Roger Croft explained that Members had suggested this CPO lightly. There was a need for additional school spaces in Theale. The Council wanted to agree a way forward with the Parish Council that would allow it to build this school. Unfortunately the Council had been unable so to do. The Council had only proposed the CPO so that it could build a new school for Theale based children to educate them without them having to travel too far. The Council did not like CPO’s as they were expensive and coercive and it would introduce a further delay with no guarantee of success. If the Council did not undertake this CPO or it was not granted then there would sadly be no new school in Theale. He therefore recommend that Members support the motion so that the Council could take another step forward towards making a £7m investment in a new school in Theale.

Councillor Fredrickson stated that he too did not like making use of the CPO process but that it seemed that only option available tot he Council to deliver this new school.

Councillor Boeck stated that he too would prefer to see all of the £7m spent on the school for the residents of Theale. Theale had a growing population and by 2017 there would be insufficient places available at the current school to meet demand. This would mean that pupils would have to be bussed to nearby schools or more temporary accommodation would need to be placed on the already over crowded site. Unfortunately Theale Parish Council had refused to relinquish the lease and as a last resort the Council was being forced to use the CPO process.

Councillor Doherty stated that the children deserved the new school and it was the council’s duty to ensure that it was delivered.

The Motion was put to the meeting and duly RESOLVED.

(Councillor Pamela Bale, in accordance with paragraph 4.17.3 of the Constitution  requested that her abstention from voting be recorded.)