The Cabinet has decided to lease 12 public convenience buildings to commercial businesses/operators for the provision of toilet facilities

URL: https://rother.moderngov.co.uk/ieDecisionDetails.aspx?ID=1819

Decision Maker: Cabinet

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To approve leases to 11 to businesses with commitments to provide public conveniences

Content: Consideration was given to the report of the Acting Director of Community to approve leases to 11 public convenience buildings to commercial businesses / operators to include the provision of toilet facilities.   In November 2024, approval was granted for 14 public convenience buildings to be marketed for lease.  Out of the 14, 11 were under offer, subject to approval.  An acceptable offer had now been received for the Lucknow Place Car Park premises, and this would be added to the list (now 12 premises).  It was proposed that all leases would be completed by October 2025, subject to planning consent approval for reconfiguration and refurbishment work to be carried out over the winter for the premises (including public conveniences) to be opened for the summer 2026.  Closure of the public conveniences while operating the business would be a breach of the lease and would mean that the lease would be rescinded.  Appropriate references would be obtained, concise business plans sought, and due diligence checks completed on each operator / business.  Lessees’ must appoint appropriate legal representation.  Proposed businesses and opening times were detailed within the report at premises located in Bexhill, Rye, Sedlescombe and Winchelsea Beach.  Confidential Appendix 1 to the report identified the financial terms and revenue streams for the Council.   It was noted that three premises had not received acceptable offers or did not provide sufficient public toilet facilities.  These properties would be added to the Council’s Asset Devolution Framework where expressions of interest would be sought to operate council services and assets.  Alternative arrangements had been made for the public convenience at Manor Gardens Car Park, Bexhill.   Cabinet approved the 12 leases on the terms set out in Confidential Appendix 1 to the report.  They also agreed that delegated authority be granted to the Chief Executive, in consultation with the Cabinet Portfolio Holder for Regeneration and Economic Development and Section 151 Officer, to make any necessary amendments to the final lease contract terms, as required.  An additional recommendation was proposed, as follows: officers undertake proper due diligence prior to entering any lease arrangements, in the normal way, to ensure that all prospective lessees had proper legal representation in place.   Leasing these properties would invigorate tired buildings, boost the economy, create jobs, provide essential facilities including public conveniences for the community, as well as generate an income stream for the Council.   RESOLVED: That:   1)    the 12 public convenience buildings, set out at Table 1 in the report, be approved for lease on the terms set out in Confidential Appendix 1, to businesses that will provide public conveniences at each location;   2)    delegated authority be granted to the Chief Executive, in consultation with the Cabinet Portfolio Holder for Regeneration and Economic Development and Section 151 Officer, to make amendments to the final lease contract terms, as required; and   3)    officers will be undertaking proper due diligence processes prior to entering any lease arrangements, in the normal way, including to ensure that all prospective lessees have proper legal representation in place, be noted.   (Appendix 1 was considered exempt from publication by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972, as amended).   (Councillor Coupar declared an Other Registerable Interest as a Member of Sedlescombe Parish Council, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof.)   (Councillor Timpe declared an Other Registerable Interest as a Member of Bexhill-on-Sea Town Council and Director of Old Town Occasions at Manor Barn, and in accordance with the Members’ Code of Conduct remained in the meeting for the consideration thereof.)

Date of Decision: June 16, 2025