Decision details

HMP&I/004/21-22 Grant of lease to QED Sustainable Urban Developments Ltd. at Grafton Terrace

DECISIONS CAN BE IMPLEMENTED AT 5PM ON THE DAY THAT A CALL-IN EXPIRES. DECISIONS MAY BE ENACTED AFTER 5PM ON THE DAY PRIOR TO THE DATE INDICATED BELOW IN THE 'EFFECTIVE FROM' COLUMN

Decision Maker: Assistant Director Regenerative Development (CLT)

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decision:

To grant a lease with a term of 3 years to QED for the area shown red on the plan below.

 

QED (the tenant) is currently occupying under a tenancy at will and is in the process of preparing the site now branded as ‘LEVEL 1’ with an intention to open publicly in early July 2021.

 

Subject to preparation of the lease the main terms are expected to include:

 

·         Permitted use - (as per Planning ref AWDM/0589/21) and to include placement of single storey units/kiosks containing coffee, food, licensed bar, storage, health and wellbeing operators, outdoor seating, outdoor exercise classes, Pop up events including street food, markets and film/sports screenings, Provision of toilet and waste/recycling facilities. Music and film/sports screenings may be played providing the noise does not extend beyond the demised premises and cause a nuisance to neighbouring properties

·         Term - 3 years (commencement is to be backdated to the start of the  1/6/2021

·         Rent - a sum commensurate to a market rent

·         Break - Either party may terminate with 2 months written notice, the landlord cannot bring to an end within the first 18 months.

·         Landlord responsible for the structure, including the railings, however the landlord is under no obligation to maintain these and the tenant is not entitled to any refund or compensation in the event that the Council gives notice to vacate for any reason including damage or destruction to the demised premises.

·         Tenant shall keep the whole of the demise in good repair and condition.

 

The above terms are only agreed subject to contract so minor variations may occur.

Reasons for the decision:

Granting of this lease will rejuvenate an area with a history of antisocial behaviour into a brand new food, drink and wellbeing hub. The businesses operating from the premises will be locally based where possible and will provide employment to local people.

Alternative options considered:

Leave as-is. Antisocial behaviour would likely continue and the space would remain underutilised.

 

Openly market the space. The Council was approached directly by QED in relation to this site and given that this is a meanwhile use/pop-up opportunity given the Council’s future intention to redevelop the site it was considered unnecessary to openly market. Any marketing period could result in the opportunity being lost due to the passing of time resulting in the Council having to offer a shorter lease term.

Publication date: 18/06/2021

Date of decision: 18/06/2021

Effective from: 26/06/2021