DN 11/2020 Newby Wiske – Deed of Variation

DN 11/2020       Date 13/08/2020

Background

The Commissioner agreed proposals for the sale of Newby Wiske Hall in 2015, recorded in Decision Notice 004/2015. Formal agreement was reached for the sale of the property to PGL Travel Limited, in 2017. Since that time, legal and regulatory processes have been underway.

PGL Travel Limited submitted a planning application in respect of the property, which was granted. A judicial review challenge to the planning decision arose and was unsuccessful.

There remains an outstanding process in respect of a Definitive Map Modification Order to establish a public right of way across the site. That Order has been refused and is presently subject to the regulated appeal process. The outcome of that process is understood not to affect the sale of the property.

Most recently, a deed of variation has been agreed which extends the time for completion of the sale. This agreement has been reached in view of the exceptional circumstances affecting all private and public sector organisations as a result of the Coronavirus public health emergency. The sale is now required to complete by 1 May 2022.

In the meantime, the purchaser will be responsible for agreed costs in respect of business rates, utility costs, ongoing grounds and building maintenance and site inspections. These costs are estimated to total £155k for each six-month period.

Decision Record

The Commissioner has decided to approve the extension (on the terms agreed) of the time for completion of the sale to a date on or before 1 May 2022.

Julia Mulligan

Police, Fire and Crime Commissioner for North Yorkshire

Statutory Officer Advice

Legal, Management and Equality Implications

The Commissioner’s Chief Executive and Monitoring Officer has advised that having read this report and having considered such information as has been provided at the time of being asked to express this view, the Chief Executive is satisfied that this report does not ask the Commissioner to make a decision which would (or would be likely to) give rise to a contravention of the law.

Financial and Commercial

The Commissioner’s Chief Finance Officer and S151 Officer has advised that he is satisfied that the financial terms of the extended completion period is a pragmatic approach in a very challenging financial time for almost all organisations, both public and private. Of the realistic options available to the Commissioner this one is expected to provide best value for money for the public purse.