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I am making a request under the Freedom of Information Act 2000 concerning the land occupied by Maidenhead Ivy Leaf Club, Maidenhead.
RBWM’s published records establish that the Council owns the freehold and that Maidenhead Ivy Leaf Club holds a lease dating from 23 December 1986. They also establish that Carter Jonas produced an independent valuation in August 2023 in connection with the subsequent acquisition by RBWM of part of the land/leasehold interest for the pedestrian and cycleway scheme.
Please provide the following recorded information held by RBWM:
1. The 1986 lease
Please provide a copy of:
a) the lease dated 23 December 1986 between RBWM and Maidenhead Ivy Leaf Club;
b) all schedules, plans, supplemental deeds, variations, assignments or other documents which form part of or amend that lease;
c) the precise commencement and expiry dates of the lease;
d) the current extent of the land/buildings included within the lease following the 2024 transaction.
If the Council considers that any part of the lease is exempt, please provide the remainder of the document with the exempt information redacted and identify the specific FOIA exemption relied upon.
2. Rent payable by the Ivy Leaf
Please provide:
a) the current annual rent payable by Maidenhead Ivy Leaf Club to RBWM under the lease;
b) the annual rent payable at each rent review since 1986, insofar as this information is held;
c) the dates on which each rent review took place;
d) the current rent-review provisions, including the next scheduled review date;
e) copies of any rent-review notices, rent-review memoranda, valuations or other documents held by RBWM which establish the rent currently payable.
If the rent is nominal, peppercorn or otherwise subject to a special arrangement, please state the amount and nature of that arrangement.
3. Carter Jonas valuation – August 2023
Please provide a copy of the Carter Jonas valuation commissioned by RBWM and dated August 2023 in connection with the acquisition of part of the Ivy Leaf leasehold interest.
In particular, I am seeking the valuation figure or range used by Carter Jonas and the assumptions on which it was based.
If RBWM considers the full report exempt on grounds of commercial confidentiality, please nevertheless provide:
a) the headline valuation figure or valuation range;
b) the valuation date;
c) the interest valued;
d) the area of land valued;
e) the tenure/lease assumptions;
f) the remaining lease term assumed;
g) the annual rent assumed;
h) the valuation methodology used;
i) any minimum, maximum or authorised negotiation threshold stated in the report.
Please also identify the specific FOIA exemption relied upon for any withheld information and explain why the public interest favours withholding it.
4. 2024 acquisition of part of the Ivy Leaf lease
Please provide:
a) the exact area of land acquired by RBWM from Maidenhead Ivy Leaf Club in 2024;
b) the consideration actually paid by RBWM to the Ivy Leaf Club for the acquisition, surrender or variation of its leasehold interest;
c) the date of payment/completion;
d) the accounting code, capital project or budget against which the payment was recorded;
e) any valuation, offer, counter-offer, negotiation record or approval document recording the amount paid;
f) the final completion statement or other document recording the consideration paid;
g) confirmation of whether any additional payments were made to the Ivy Leaf Club, including legal costs, professional fees, compensation, disturbance costs or other associated payments, and the amount of each.
5. Proposed surrender of the remaining lease
Please provide any recorded information held by RBWM since 1 January 2021 concerning:
a) negotiations with Maidenhead Ivy Leaf Club regarding surrender of the remainder of its lease;
b) acquisition of the Club’s remaining leasehold interest;
c) obtaining vacant possession of the Ivy Leaf premises;
d) relocation of the Ivy Leaf Club;
e) any valuation of the Club’s remaining leasehold interest;
f) any assessment of compensation or consideration which would be payable to the Club in return for surrendering the remaining lease;
g) any financial appraisal comparing the cost of acquiring/surrendering the lease with the potential value of the freehold/development opportunity.
This should include relevant Cabinet reports, officer reports, Property Company papers, valuation reports, internal financial appraisals and correspondence where these are held.
6. Development/disposal of the Ivy Leaf site
Please provide any recorded information since 1 May 2023 concerning:
a) the potential sale or disposal of the Ivy Leaf freehold;
b) redevelopment of the Ivy Leaf site;
c) residential development of the site;
d) any proposed land receipt or capital receipt from the site;
e) any updated valuation of the site or its development potential;
f) any discussions with Countryside Properties or other development partners concerning the site;
g) any decision to retain, dispose of, redevelop or otherwise change the use of the site.
7. The £7.15 million land receipt
RBWM’s previous Community Facilities Review referred to an anticipated £7.15 million land receipt associated with Site 1, which included the Ivy Leaf site.
Please provide any subsequent appraisal, review or update held by RBWM since 1 May 2023 which:
a) confirms, revises or supersedes the £7.15 million figure;
b) gives a current estimated value or capital receipt for the Ivy Leaf site;
c) explains whether the £7.15 million figure remains part of RBWM’s financial or property assumptions.
Clarification regarding exemptions
I recognise that some property and commercial information may potentially fall within an exemption under the Freedom of Information Act.
Where this is the case, please do not withhold the entire document automatically. Please consider whether the information can be disclosed in part, with only genuinely exempt information redacted.
Where information is withheld, please identify:
• the precise FOIA exemption relied upon;
• whether it is a qualified exemption;
• the public-interest considerations relied upon;
• and why disclosure of the particular information requested would prejudice the Council or another party.
I am particularly interested in the actual consideration paid in the completed 2024 transaction and the headline valuation figure/range, rather than commercially sensitive details of any ongoing negotiations.
If any of the requested information is already publicly available, please provide the relevant document title, meeting date and direct link rather than simply referring me to the Council website.
Please treat each numbered section as a separate part of the request and provide the information held for each part.