Decision details

Purpose of Report: There are a number of complex issues related to the conversion of the Danesgate Community to academy status. These include land and access issues which will need to be agreed as part of the land lease to the academy trust.

The Local Authority will also need to agree the number of pupil places that it wants to commission as Danesgate is an alternative provision academy and therefore does not have a planned admission number (PAN) in the same way that a mainstream or special school has.

Resolved:  (i)      That the following areas of land (as marked on Appendix C to the report) be excluded from the 125 year lease to the Multi Academy Trust:

a)   Area 1 - Road next to Triangle (grassed area)

b)   Area 2 - Triangle (grassed area) of land

(ii)      That, in respect of Area 3 (Road to south of the site) approval be given to split the road area, with the car parking area on the northern edge to remain education land and therefore included in the 125 year lease to the Multi Academy Trust (reserving a right of way over this land in favour of the council), and the remaining area of road excluded from the 125 year lease and designated a Public Right of Way.

(iii)     That in respect of Area 4 (Walled Garden) approval be given to lease this area to the South York Multi Academy Trust as part of the 125 year lease, excluding the storage facility which is currently leased to the York Museums Trust.

(iv)    That authority be delegated to officers to:

a)           where appropriate, obtain approval under Schedule 1 of the Academies Act 2010 and Section 77 of the School Standards & Framework Act to allow the transfer of land around this conversion to take place;

b)           agree future budgets when consents are obtained; and

c)           report back to Members in due course on the Public Right of Way application and process.

(v)     That, in the event that the academisation of Danesgate does not take place or is delayed, Areas 1 and 2 no longer be designated as land currently used for educational purposes and therefore be removed from being part of the site and be adopted by the council.

Reason:     In order to resolve outstanding land issues to enable the Danesgate Community to convert to academy status, in accordance with the requirement of the Academies Act not to disadvantage a school when so converting and taking into account the interests of other current users of the land.