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INVITATION TO TENDER AND TENDER DOCUMENTS

TENDER FOR

FREEHOLD OR LEASEHOLD DISPOSAL THE FORMER CANDLE FACTORY

BANK CLOSE (rear of 17 High Street) CHRISTCHURCH, DORSET

BH23 1AB

Mr L Cass Head of Property and Estates Christchurch and East Dorset Councils Civic Offices Bridge Street Christchurch Dorset BH23 1AZ For further information, please contact Estates Management Email: [email protected] Tel No: 01202 795000 Ref: Acq&Disp/CandleFactory/FinalMarketingDocs Date 3 January 2017 Version v4 TI

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TABLE OF CONTENTS & LIST OF TENDER DOCUMENTS Section Title Page No PART A THE TENDER PROCESS 4 A1 Introduction 4 A2 Instructions to tenderers 6 A3 Tender Evaluation 12 PART B SUPPLEMENTARY INFORMATION FOR TENDERERS

- Contained within this document

B1 Site Disposal Plan 19 B2 Heads of Terms for freehold disposal and leasehold

agreement 20

B3 Planning Guidance for Tenderers 28 B4 Miscellaneous Information 32 SUPPLEMENTARY INFORMATION FOR TENDERERS App A1 Land Registry Title Document and Plan Separate Document App A2 Candle Factory site – Conveyance 27.08.1887 Separate Document App A3 Candle Factory site – Conveyance 10.02.1914 Separate Document Candle Factory site – Conveyance 12.11.2001 Separate Document App A5 Candle factory site – 31.01.2008 - Licence AC units and

Satellite dishes Separate Document

App B Topographic Survey – by D J Powell Surveys (see Note 1 and 2 below)

Separate Document

App C Heritage Appraisal –by Forum Heritage (see Note 1 below)

Separate Document

App D Bat and Barn Owl Survey – by P Smith (see Note 1 below)

Separate Document

App E Biodiversity Mitigation Plan Certificate of Approval – By Dorset County Council (see Note 1 below)

Separate Document

App F Biodiversity Mitigation Plan (in respect of a residential development on the site) (see Note 1 below)

Separate Document

App G Mains Utility Services Installations in the vicinity (see Note 2 below)

Separate Document

App H Christchurch Town Centre Strategy Separate Document App I Asbestos Management Survey Separate Document App J1 and J2

Floor plans of buildings Separate Document

App K Commercial Property Standard Enquiries Separate Document App L1 FORM OF TENDER - PRICE

- This must be competed and submitted as your tender

Separate Document

App L2 FORM OF TENDER – QUALITY - This must be competed and submitted as your

tender

Separate Document

Note 1 These documents are copyright of the Council and are provided for use only as

part of this tendering process. Any successful tenderer will be required to undertake their own investigations and provide their own reports as part of any applications for any statutory consents.

Note 2 These documents are provided for information only. Any dimensions given are only approximate. Tenderers must consider and make their own investigations.

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Note 3 No part of this document may be produced or transmitted in any form or by any means without prior written approval of the Christchurch Borough Council (the Council).

Note 4 Commercial in Confidence Please do not make any amendments to the original text of this document as it may result in disqualification from the process.

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PART A THE TENDER PROCESS

A1 INTRODUCTION

A1.1 Through a formal tendering process, Christchurch Borough Council is inviting unconditional offers for the acquisition of either a freehold or long leasehold (full repairing and insuring) interest in the Former Candle Factory, Bank Close (rear of 17 High Street), Christchurch, Dorset.

A1.2 Currently being used for storage, the property will be disposed of (or leased) with vacant possession on completion.

A1.3 The site lies at a “gateway” to the High Street as set out in the Christchurch Town Centre Strategy (Appendix H). An aspiration from this disposal is that there will be improvements to this “gateway”.

A1.4 Descriptions of the property, location, accommodation and status are as set out in these tender documents. The contents of these tender documents are believed to be correct, but their accuracy is not guaranteed. It is the responsibility of the tenderers to undertake their own enquiries and investigations.

A1.5 Subject to formal statutory consents (such as but not limited to planning and building regulations approvals) it is anticipated that tenderers may seek a variety of different uses for the site and the buildings upon it. This may include retention, alterations, conversions, changes, extensions (within the site only) or demolition in whole or in part and replacement and redevelopment of the site.

A1.6 Where the implementation of any proposals are undertaken under :- 1. a freehold disposal, the applicant will not require the Council’s

consent as the previous landowner

2. a leasehold disposal, the applicant will require the Council’s consent as the landlord after having obtained a prior valid planning approval. Any application for landlord’s consent will be dealt with outside of this tendering process.

A1.7 The tender process will include a price and quality evaluation as set out

at Section A3.

A1.8 The outcomes of the evaluation process will be compared to the base value that the Council could obtain for the site as set out at Section A3.

A1.9 The grant of any planning approval from the Council acting as the planning authority is separate and distinct to any application that the Council as landlord may consider.

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A1.10 These tender documents provide prospective tenderers with sufficient information on which to submit tenders.

A1.11 All tender documents including drawings provided (whether a tender is submitted or not) shall remain the property of the Council.

A1.12 The information contained in this Invitation to Tender (ITT) and the supporting documents and in any related written or oral communication is believed to be correct at the time of issue but the Council will not accept any liability for its accuracy, adequacy or completeness and no warranty is given as such. This exclusion does not extend to any fraudulent misrepresentation made by or on behalf of the Council. This does not, however, negate your obligations to fully familiarise yourselves with the nature and extent of the requirement and obligations arising there from and indeed to form your own conclusions about the methods and resources that are needed to meet the Council’s requirements.

A1.13 You are advised that the Council is not bound to reimburse any expenses incurred during the process. In addition, the Council will not reimburse any expense or loss incurred by reason of this Tender process or any expense or loss incurred by if you fail to submit a Tender.

A1.14 Data Protection

Any data or information supplied by tenderers in respect of this tender will be held and used by the Council for the purposes of considering the tender and for any contract documentation which may ensue and the Council’s administrative functions and statutory responsibilities.

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A2 INSTRUCTIONS TO TENDERERS

A2.1 Tender Enquiries

A2.1.1 In setting out this Invitation to Tender, The Council has made every endeavour to provide bidders with an accurate description of The Council’s requirements. This does not, however, negate your obligations to fully familiarise yourselves with the nature and extent of the requirement and obligations arising there from and indeed to form your own conclusions about the methods and resources that are needed to meet the Council’s requirements.

A2.1.2 You are strongly advised to study all tender documents and to fully familiarise yourselves with the nature and extent of the requirement and all obligations in respect thereof prior to submitting a Tender.

A2.1.3 Tender documents (and any updates such as Question and Answer sheets) are also available via :-

Internet www.christchurchcandlefactory.wordpress.com

Email to estatesmarketing&christchurchandeastdorset.gov.uk

Telephone 01202 795482

Post Christchurch Borough Council, Civic Offices, Bridge Street, Christchurch, Dorset, BH23 1AZ

A2.2 Tender Programme

A2.2.1 The proposed tender programme is as set out below. This is intended as a

guide only and whilst the Council does not intend to depart from the programme it reserves the right to do so at any stage and will notify all those who have registered an interest during the process, should it decide to do so.

A2.2.3 Task Dates

Invitation to tender issued / start of marketing period Thurs 4 Jan 2018

Start of viewings Mon 8 Jan 2018

Last date for viewings Fri 16 Mar 2018

Last date for questions to the Estates Team

Tues 27 Mar 2018 (17:15hrs)

Last date for responses to questions to be issued to those who have registered an interest

Weds 28 Mar 2018 (16:45hrs)

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TENDER RETURN DATE

Fri 6 APR 2018 (12:00 NOON)

Checking and validation of tenders received

Mon 9 Apr to Fri 13 Apr 2018

Evaluation of tenders received and check of tenderers financial references

Mon 16 Apr to Fri 20 Apr 2018

Report to and consideration by Asset Optimisation Group

Mon 30 Apr to Fri 3 May 2018

Determination of preferred bidder by Resources Committee

Weds 30 May 2018

Preferred bidder notified Mon 11 June 2018

Completion of sale of freehold / commencement of lease

Subject to duration of the legal process

A2.4 Registration of your interest

A2.4.1 You are strongly advised to make arrangements to visit the site early during the compilation of your tender to make yourselves familiar with the layout of the site and building, constructional and site constraints that exist.

Estates Management Email: estatesmarketing&christchurchandeastdorset.gov.uk Tel No: 01202 795000

A2.4.2 You are strongly recommended to register your interest in this tender with

Estates Management Email estatesmarketing&christchurchandeastdorset.gov.uk

Tel No 01202 795482

Letter Christchurch Borough Council, Civic Offices, Bridge Street,

Christchurch, Dorset, BH23 1AZ

Failure to register your interest may mean that you do not receive any updates which may occur during the tender period.

A2.5 Access for viewings

A2.5.1 Visits and viewings are by prior arrangement only and can take place between 0800 and 1800 Monday to Friday inclusive between the periods 1 December 2017 and Wednesday 31 January 2018 only.

A2.6 Questions, answers and updates during the tender period

A2.6.1 Should any questions or points for clarification be raised during the tender period they are to be communicated in writing to the Estates Management Team (contact details above).

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A2.6.2 Should you be in any doubt as to the interpretation of any part of this document, you must raise a question via:- [email protected] prior to the submission of your tender and no later than 6 calendar days before the deadline for receipt of ITT. Any such questions or points for clarification must be received by Estates Management :- - no later than 17:15hrs Tuesday 27 March 2018

The anonymity of those who have raised questions and any points for clarification in this way, will be preserved.

A2.6.3 Estates Management will respond to any questions and points of clarification raised by issuing copies of all questions and answers to all those who have registered their interest for this tender with Estates Management and on the project website (refer to A2.1.3). The last date that any responses will be issued will be:- - Wednesday 28 March 2018 before close of business

A2.6.4 Any questions, points of clarification and responses issued will form part of the tender documents.

A2.6.5 Should any amendments to the tender documents be necessary prior to the last date for any responses to be issued by The Council, these will be issued to all those who have registered their interest for this tender with Estates Management and will form part of the tender documents.

A2.6.7 The tenderer shall be deemed to have obtained all necessary and relevant information for the completion of their Tender and to have allowed for all costs in their Tender price. No claim or variation shall be allowed by reason of any failure so to do.

A2.6.8 All tenders must be written in English and costs submitted are to be presented in Pounds Sterling, exclusive of VAT.

A2.6.9 Do not submit any information that is not requested in this document. Only submit Appendix L1 – Form of Tender (Price) and Appendix L2 – Form of Tender (Quality) (completed by you) and any documents that are listed on these appendices.

A2.6.10 Do not change the wording, formatting or numbering within this document. Doing so may result in your tender being rejected.

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A2.7 Town and Country Planning Advice

A2.7.1 Prior to submitting any tender, tenderers are strongly recommended to obtain their own independent planning advice from appropriately qualified and experienced planning advisers.

A2.8 Tender Submission

A2.8.1 You must return your fully completed and signed tender along with any supporting information by the deadline in the format and to the address highlighted on both of the Forms of Tender :- - Appendix L1 – Form of Tender – Price - Appendix L2 – Form of Tender - Quality. Both of these appendices are provided with the tender document pack

A2.8.2 If you wish to submit tenders for both a freehold and leasehold offer, you must do so on separate forms of tender. Each tender is to be submitted in its own tender return envelope with the appropriate enclosures as set out on the form of tender.

A2.8.3 The Council will only be able to accept tenders from legal entities who have the legal capacity to be able to enter into a contract (for a freehold disposal) or a lease (for a leasehold disposal) with the Council. The Council will not be able to accept a tender from multiple individuals or organisations acting together to secure the premises. Tenders can only be accepted from the tenderer. The tender must therefore be in the name of one company or one individual, except in the case of an unincorporated organisation where the tender may be in the names of the trustees of that organisation. In the case of an individual tenderer, the tenderer can indicate on the Form of Tender the names of any other individuals with whom they would wish to acquire the premises, if their tender is accepted. In the case of an organisation or company wishing to work with another organisation or company, the Council would expect the sale or lease to be to one lead organisation or company only. In the case of a lease, if the tenant organisation or company wished to share occupation with another organisation or company by way of subletting, then this should be indicated on the tender form.

A2.8.4 The types of documents that you are to return with your tender are as set out in the checklist on the Form of Tender. Some documents MUST be returned with your tender. You may also wish to provide some which you consider explain and demonstrate your offer and proposals more fully.

A2.8.5 Tenders and supporting information returned late or outside of the stipulated method will be excluded.

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A2.8.6 Documents returned incomplete may be excluded on grounds of non-compliance.

A2.8.7 The decision of the Head of Property and Engineering on whether or not a tender is complete / compliant will be final.

A2.8.8 Hard copy (paper) documents are to be submitted with your tender.

A2.8.9 If you decide to accompany your hard copy documents with any supporting evidence in an electronic format, they are to be readable with MS Office 2010 or Adobe. The Council will make reasonable efforts to open your document(s) however if they cannot be opened then document(s) may be excluded.

A2.8.10 Qualified tenders and conditional offers will not be accepted.

A2.9 The status of Information provided

A2.9.1 The Council confirms that it will keep confidential and will not disclose to any third parties (unless required to do so by law) any information obtained from a named financial referee.

A2.9.2 Any information relating to the Council and supplied by the Council or otherwise acquired by you in connection with this ITT shall be kept by you in strictest confidence and on trust not to disclose it to any person except that such information may be disclosed so far as is necessary for the purpose of obtaining information and quotations for the preparation and submission of this tender.

A2.10 Tenderers Financial References

A2.10.1 The Council reserves the right to contact any financial referees provided by the tenderer(s). The named financial referee does not owe the Council any duty of care or have any legal liability, except for any deceitful or maliciously false statements of fact.

A2.11 The Freedom of Information Act

A2.11.1 The Freedom of Information Act 2000 (“FOIA”) applies and information provided in connection with this disposal exercise, or with any tender, contract or lease, may have to be disclosed by the Council in response to such a request. A tenderer may make a request to designate information supplied as part of a response as confidential or commercially sensitive or a trade secret and not for disclosure, however, any such designation must be clear as to the information affected and the reason for its designation. The Council is required to make the decision as to whether or not information comes within any of the exemptions for disclosure under the Act, having regard to statutory and other official guidance. Different criteria on disclosure may apply before and after a contract or lease is completed. Tenderers should also be aware that even if the Council decides that

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information falls within the statutory exemptions, the Information Commissioner may overrule that decision.

A2.12 Tender Validity Period

A2.12.1 Tenders must remain valid for acceptance for a period of 180 calendar days from the tender return date.

A2.13 Tender Evaluation

A2.13.1 Refer to Section A3 entitled “Tender Evaluation” of this document.

A2.14 Tender Award

A2.14.1 The award of any tender for this disposal is subject to the approval of the Council’s Resources Committee.

A2.14.2 Tenderers are advised that the Council reserves the right not to accept any tender(s) received.

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A3 TENDER EVALUATION

A3.1 Tenders will be evaluated on the basis of the Most Economically Advantageous Tender (MEAT), award criteria, a balance of quality and price to determine best value.

A3.2 The MEAT evaluation process will cover two areas:

• Quality Score 50%

• Price Score 50%

A3.3 Tenders will be evaluated in successive steps as set out below.

A3.4 STAGE 1 – WILL THE TENDERERS PROPOSAL BE LIKELY TO OBTAIN A PLANNING APPROVAL? (PASS OR FAIL)

A3.4.1 The tenderer will be required to provide sufficient information on which the Council can assess the tenderers proposals. The minimum information that the tenderer must provide is a description of their proposals to include:

1. The proposed use(s) of the site and any building(s) on it 2. The proposed days and times of use 3. A description of any proposed works to the building e.g.

a. Retention as is b. Alterations & changes and their description c. Demolition, removal d. Rebuilding, redevelopment

4. If alterations, rebuilding or redevelopment is proposed, tenderers must provide scaled drawings showing site layout, floor plans and elevations

5. A copy of the tenderers independent planning advice for their proposals 6. A copy of any letter of pre-application advice from the local planning

authority

A3.4.2 The Council will then assess and determine the status of any proposal. If It is considered that the proposal:-

1. Is unlikely to obtain a planning approval* – the tenderers proposals will be deemed to have “failed” and will not be considered further

2. Is likely to obtain a planning approval* – the tenderers proposals will be deemed to have “passed” and will progress to Stage 2 of the evaluation process.

*The determination through this tender evaluation process as to whether any proposal is unlikely or likely to obtain a planning approval does not influence, confirm or deny that any such proposal does not have or have any planning approval. *The planning process is separate and distinct to this tendering process and the planning authority cannot be bound or fettered by the outcome of this tendering process.

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A3.5 STAGE 2 – PRICE AND QUALITY EVALUATION

A3.5.1 The Stage 2 evaluations will be undertaken by an Evaluation Panel consisting of such as representatives of the following teams - Estates Management - Finance - Community

A3.6 PRICE EVALUATION (50% of TOTAL)

A3.6.1 Any freehold offer will be assessed purely on the offer price.

A3.6.2 Any leasehold offer will be assessed on a combination of any premium and / or rentals offered

A3.6.3 Freehold and leasehold offers will be compared as follows

A3.6.4 Freehold Offer Leasehold Offer The amount offer price only The amount of any premium offered,

Plus The Net Present Value of any rent offered - the rent offered - duration of the lease to be

125yrs - increases in rent by Retail Prices

Index (we will use 2% in any calculations as this is the governments long term inflation target)

- A discount rate of 8% (industry standard base mark)

- Upwards only rentals - Rent review every 5 years

A3.7 QUALITY EVALUATION (50% of Total)

A3.8 Evidenced access to funds available (40% of Quality Evaluation

marks)

A3.8.1 The tenderer will need to demonstrate and provide evidence that substantiates their ability to fund the :- 1. the purchase (one off payment, premium rental) for the purchase only

where no works to the site and building(s) are proposed 2. the purchase (one off payment, premium rental) and the cost of any

works proposed to the site and building(s)

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It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed.

A3.8.2 The assessment shall be as follows:-

A3.8.3 Evidenced access to funds available Assessment Score Indicative Quality Scoring Gauge Excellent 5 All the funds instantly available (cash buyer)

Good 4 All the funds available within 90days of acceptance of offer

Acceptable 3 More than 50% of the funds available now or within 90 days of acceptance of offer and remainder subject to mortgage or other means of securing finance

Minor Reservations

2 Less than 50% of the funds available now or within 90 days of acceptance of offer and remainder subject to mortgage or other means of securing finance

Serious Reservations

1 All the funds available subject to mortgage, disposal of other assets or obtaining grant aid or other funding

Unacceptable 0 No evidence of availability of funding provided A3.9 Anticipated timescales to completion (15% of the Quality Evaluation

marks)

A3.9.1 The Council wishes to conclude a disposal as soon as possible after an award and acceptance of offer. The sooner that completion of a disposal or a lease will score more points than a completion that is protracted and delayed. In assessing the potential to complete early, the Council will be taking into account such as 1. status of the applicant and early access to funds to complete the

transaction 2. whether the applicant has provided their solicitors details 3. the anticipated duration of any process to gain funds and other

resources to support a transaction 4. the status of any joint bidder arrangements and the degree of

integration and support that any individuals or organisations working in partnership have achieved at the time of tendering

It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed.


A3.9.3 Anticipated timescales to completion Assessment Score Indicative Quality Scoring Gauge Excellent 5 Evidence provided confirms that the bidder

would complete on a sale / lease within 1 month

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of award Good 4 Evidence provided suggests that the bidder

would complete on a sale / lease within 1 to 2 month of award

Acceptable 3 Evidence provided suggests that the bidder would complete on a sale / lease within 2 to 3 months of award

Minor Reservations

2 Evidence provided suggests that the bidder would complete on a sale / lease within 3 to 6 months of award


1 Evidence provided suggests that the bidder would complete on a sale / lease would take in excess of 6 months of award

Unacceptable 0 No evidence provided and no indication of timescales for completion

A3.10 Evidenced experience and ability to carry out the proposals (15% of

Quality Evaluation marks)

A3.10.1 Having disposed of either the freehold or a lease on the site, the Council wishes to see the successful tenderers implementing their proposals efficiently, effectively and at the earliest opportunity. The success of this often depends upon the availability of resources (refer to other evaluation criteria) and the enthusiasm, skills, capacity, experiences and qualifications of those implementing the project. It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed.


A3.10.3 Evidenced experience of ability to carry out the proposals Assessment Score Indicative Quality Scoring Gauge Excellent 5 Evidenced ability in delivery many similar

projects on time and budget supported by independent references

Good 4 Evidenced ability in delivery many similar projects on time and budget

Acceptable 3 Evidence provided demonstrating experience of undertaking some similar projects provided

Minor Reservations

2 Evidence provided / nothing which adequately suggests that the proposed project could be delivered


1 Little evidence provided / nothing which adequately suggests that the proposed project could be delivered

Unacceptable 0 No evidence of experience provided

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A3.11 Community Benefit (10% of Quality Evaluation marks)

A3.10.1 A proposal to provide such a community run facility on the site which is open 24/7 for community use will be scored higher than a proposal to provide private “market” housing. It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed.


A3.11.3 Community Benefit Assessment Score Indicative Quality Scoring Gauge Excellent 5 Evidence provided confirms that this is a project

where it is only the community that benefits

Good 4 Evidence provided demonstrates that the community benefit and access is greater than that for private benefit and access

Acceptable 3 Evidence provided demonstrates an equal mix of community and private benefit and access

Minor Reservations

2 Evidence provided demonstrates that the private benefit and access is greater than that for community benefit and access


1 No community access / totally private proposal

Unacceptable 0 No evidence provided from which the mix of community and private benefit can be determined

A3.12 Improvement to the “Gateway” to the High Street (10% of Quality

Evaluation Marks)

A3.12.1 Where in the opinion of the evaluators a proposal which provides significant improvements the “gateway” into the Town Centre (as set out in the Town Centre Strategy) will score higher than that which provides little or no improvement. It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed


A3.12.3 Improvement to the “Gateway” to the High Street Assessment Score Indicative Quality Scoring Gauge

Excellent 5 Evidence provided indicates that the proposal includes significant improvements to the “gateway” to the High Street.

Good 4 Evidence provided indicates that the proposal includes enhances the “gateway” to the High Street.

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Acceptable 3 Evidence provided indicates that the proposal includes some acceptable improvements to the “gateway” to the High Street.

Minor Reservations

2 Evidence provided indicates that the proposal includes only basic or minor acceptable improvements to the “gateway” to the High Street.


1 Evidence provided indicates that the proposal includes no acceptable improvements to the “gateway” to the High Street.

Unacceptable 0 No evidence provided from which the mix of community and private benefit can be determined

A3.12 Quality of Submission (10% of Quality Evaluation marks)

A3.12.1 The Council isn’t expecting tenderers to invest in fully researched and

evidenced business and project plans which are submitted at the time of tender. However, tenders which provide little information which demonstrates the tenderers understanding of their proposals and any delivery / implementation route make it difficult to effectively assess and evaluate. It is for the tenderer(s) to provide adequate and appropriate information on which these factors are to be assessed.


A3.12.3 Quality of Submission Assessment Score Indicative Quality Scoring Gauge Excellent 5 Excellent amount of detail and range of

information provided on which to evaluate the proposals. Levels of presentation exceptionally good.

Good 4 Good amount of detail and range of information provided on which to evaluate the proposal. Good levels of presentation

Acceptable 3 Sufficient amount of information and detail provided on which to evaluate the proposals. Reasonable but basic degree of presentation

Minor Reservations

2 Lack of detail and range of information provided on which to evaluate proposals. Poor quality level of presentation


1 Bare minimum of information and very little detail provided on which to evaluate the proposals. No consideration given to quality of presentation

Unacceptable 0 Poor quality submission. No information provided to evaluate the proposals

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A3.13 Comparison with base valuation

A3.13.1 The outcomes of the evaluation process will be compared with the Council’s base valuation for the site. The base valuation will be for the demolition of the premises and works to convert it into pay and display car parking (i.e. an extension of Bank Close car park).

A3.13.2 The Council’s assessment is that an additional 8 car parking bays could be created in Bank Close car park if the Former Candle Factory were to be demolished. The income from a typical car parking bay in this car park is currently £1,806 (exclusive of VAT) per annum.

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PART B - SUPPLEMENTARY INFORMATION B1 SITE DISPOSAL PLAN

B1.1 The Former Candle Factory site that the Council is seeking to dispose is as

illustrated bounded red on the plan below. (Plan not to scale)

B1.2 The overall area occupied by the site comprising of the yard, two buildings and the grass verge in the car park is approximately 220 sq m (2,368 sq ft)

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B2 HEADS OF TERMS FOR FREEHOLD DISPOSAL AND LEASEHOLD AGREEMENT

B2.1 The Council is seeking tenders for either - a freehold disposal of the site - the granting of a lease on the site

B2.2 The terms of which the Council is offering these opportunities are as set out

in the table below. Should tenderers submit tenders which depart or which differ from these Heads of Terms, such tenders will be considered as being qualified. Qualified tenders will not be accepted.

Heads of Terms Freehold Leasehold 1 The demised premises will be The former

Candle Factory, Bank Close, Christchurch, Dorset As shown on the plan

The former Candle Factory, Bank Close, Christchurch, Dorset As shown on the plan

2 The use of the demised premises will be

The use(s) set out on the tenderers Form of Tender

The use(s) set out on the tenderer’s Form of Tender

3 For a lease, the landlord will be Not applicable for a freehold

Christchurch Borough Council

4 The price Freehold Offer For a freehold offer will be the amount tendered by the bidder

Not applicable for a leasehold

5 The price for a Leasehold Offer Not applicable for a freehold

For a leasehold offer will be the amount of any premium tendered and / or the annual rent tendered

6 Payment of any rent Not applicable for a freehold

Payment of any rent is to be annually

7 Lease start date Not applicable for a freehold

To be agreed

8 The term (duration) of the lease will be Not applicable for a freehold

125 years

9 Rent Reviews – frequency Not applicable for a freehold

Every 5yrs commencing on the fifth anniversary of the

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Heads of Terms Freehold Leasehold commencement of the lease term

10 Rent Reviews – basis Not applicable for a freehold

Retail Prices Index (RPI). Upwards only

11 Break Clause Not applicable for a freehold

Not applicable for a long leasehold

12 Landlord and Tenant Act 1954 – protection / security of tenure

Not applicable for a freehold

Security of tenure protected

13 Assignment of the lease Not applicable for a freehold

Only with landlord’s prior written consent

14 Sub-letting Not applicable for a freehold

Only with landlord’s prior written consent

15 Covenants 1. Compliance with the provisions and conditions of any Planning Permission and any building regulations approvals and any relevant statutory provisions in carrying out any redevelopment of the premises 2. No nuisance clause 3. Maintain and repair boundary structures 4. Keep all parts of the premises which are unbuilt on clean, tidy and free from weeds

1. Compliance with the provisions and conditions of any Planning Permission and any building regulations approvals and any relevant statutory provisions in carrying out any redevelopment of the premises 2. No nuisance clause 3. Maintain and repair boundary structures 4. Keep all parts of the premises which are unbuilt on clean, tidy and free from weeds 5. Compliance with statutory obligations 6. Other standard lease covenants

16 Stamp Duty Land Tax The responsibility of the tenderer

The responsibility of the tenderer

17 Value Added Tax The Council has not opted to tax

The tenderer to pay any VAT that

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Heads of Terms Freehold Leasehold these premises. is payable on any

sum due under the lease

18 Works to the demised premises Alterations, conversions, changes to the demised premises ( all actions including such as survey, site investigation, designers & legal fees, fees for statutory consents and the cost of all works)



19 Landlord’s consent for alterations to the premises.


The responsibility of the tenderer to obtain landlords consent. To be sought only after any relevant planning permission has been granted.

20 Future Repairs and maintenance


The responsibility of the tenderer to keep the premises in good tenantable repair and condition, including structure, fabric, finishes and service installations internally and externally all authorised additions, boundary walls, fences, gates and paths (a full repairing lease)

21 Special maintenance and management - Asbestos Management - Legionella Management - Electrical testing



22 Schedule of Condition Not applicable for a freehold

To be undertaken by approved independent building surveyors to the Council’s satisfaction at the

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Heads of Terms Freehold Leasehold tenderers expense To be agreed by the tenderer and the Council

23 Dilapidations Not applicable for a freehold

Tenderer to hand back property at the end of the lease in a condition equivalent to that in the Schedule of Condition, excepting for fair wear and tear

24 Compensation for any works or improvements undertaken by the tenderer at the end of the lease


None insofar as the Council can legally exclude this

25 Insurance of the premises (buildings insurance) including rebuilding and reinstatement of damage



26 Insurance of the contents (contents insurance)



27 Public Liability insurance The responsibility of the tenderer


28 Rates and Taxes e.g. - National Non-Domestic Rates (NNDR) – if applicable - Council Tax – if applicable



29 Utilities The costs of providing any and all utility services to the demised premises including any making good



30 Utilities The cost of general outgoings for units consumed and any standing charges



31 Rights of access over Bank Close The tenderer to have the same rights of access as set out in the Council’s title

The tenderer to have the same rights of access as set out in the Council’s title

32 Rights of access over Bank Close car park – pedestrian

The tenderer to have rights of access on foot only across such parts of the land

The tenderer to have rights of access on foot only across such parts of the land

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Heads of Terms Freehold Leasehold currently being used as Bank Close car park which may from time to time be available – no designated route, but the Council having the ability to designate and vary the route which must be followed.

currently being used as Bank Close car park which may from time to time be available – no designated route, but the Council having the ability to designate and vary the route which must be followed.

33 Rights of access over Bank Close car park – vehicular

None None

34 Rights to use car park / concessionary car park rights including any car parking for those living, working or providing voluntary services at the demised premises

None Any vehicles parked in any of the Council’s Town Centre pay and display car parks MUST be parked in accordance with the Off Street Parking Places Order applicable at the time

None Any vehicles parked in any of the Council’s Town Centre pay and display car parks MUST be parked in accordance with the Off Street Parking Places Order applicable at the time

Rights reserved for the Council The right to erect or permit to be erected any buildings or structures on any part of the Council’s adjoining land or to rebuild, redevelop, alter or use any building or other structures now or hereafter standing on the Council’s adjoining land in any manner the Council or its successors in title may wish notwithstanding

The right to erect or permit to be erected any buildings or structures on any part of the Council’s adjoining land or to rebuild, redevelop, alter or use any building or other structures now or hereafter standing on the Council’s adjoining land in any manner the Council or its successors in title may wish notwithstanding

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Heads of Terms Freehold Leasehold that doing so may obstruct or interfere with the access of light or air to the premises or to any building which is now or may be erected on the premises or any part of it and so that all privileges of light and air now or hereafter to be enjoyed over the Council’s adjoining land shall be deemed to be enjoyed by the licence and consent of the Council or its successors in title as the case may be.

that doing so may obstruct or interfere with the access of light or air to the premises or to any building which is now or may be erected on the premises or any part of it and so that all privileges of light and air now or hereafter to be enjoyed over the Council’s adjoining land shall be deemed to be enjoyed by the licence and consent of the Council or its successors in title as the case may be.

Agreements and Declarations The following shall apply 1. That for the avoidance of doubt nothing contained in or implied by the Transfer of the premises shall prejudice or affect the Council’s rights, powers, duties and obligations in the exercise of its functions as a local authority and the rights, powers, duties and obligations of the Council under all public and private statutes,

The following shall apply 1. That for the avoidance of doubt nothing contained in or implied by the lease of the premises shall prejudice or affect the Council’s rights, powers, duties and obligations in the exercise of its functions as a local authority and the rights, powers, duties and obligations of the Council under all public and private statutes,

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Heads of Terms Freehold Leasehold byelaws, rules, orders and regulations may be as fully and effectually exercised in relation to the premises as if the Transfer had not been entered into or executed by the Council. 2. For the purposes of Section 6(2) (a) of The Law of Property (Miscellaneous Provisions) Act 1994 all matters now recorded in registers open to public inspection are to be considered within the actual knowledge of the tenderer. 3. The tenderer shall not be entitled to any right of access of light and air or any other easement or right which would restrict or interfere with the free use of the Council’s adjoining land for building, development or any other purpose. 4. The

byelaws, rules, orders and regulations may be as fully and effectually exercised in relation to the premises as if the lease had not been entered into or executed by the Council. 2. For the purposes of Section 6(2) (a) of The Law of Property (Miscellaneous Provisions) Act 1994 all matters now recorded in registers open to public inspection are to be considered within the actual knowledge of the tenderer. 3. The tenderer shall not be entitled to any right of access of light and air or any other easement or right which would restrict or interfere with the free use of the Council’s adjoining land for building, development or any other purpose. 4. The

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Heads of Terms Freehold Leasehold tenderer shall not be entitled to the continuance of nor shall the tenderer by virtue of the Transfer or of Section 62 of the Law of Property Act 1925 acquire any easement, right, privilege or advantage over or in respect of the Council’s adjoining land or be entitled to the benefit (which benefit is exclusively reserved to the Council) of or to enforce or to have enforced or to prevent the release or modification of any covenant, agreement or condition entered into by any person with the Council or its predecessors in title to the Council’s adjoining land save insofar as is specifically granted in the Transfer.

tenderer shall not be entitled to the continuance of nor shall the tenderer by virtue of the lease or of Section 62 of the Law of Property Act 1925 acquire any easement, right, privilege or advantage over or in respect of the Council’s adjoining land or be entitled to the benefit (which benefit is exclusively reserved to the Council) of or to enforce or to have enforced or to prevent the release or modification of any covenant, agreement or condition entered into by any person with the Council or its predecessors in title to the Council’s adjoining land save insofar as is specifically granted in the lease.

Legal Costs The tenderer and the Council to bear their own legal costs

The tenderer and the Council to bear their own legal costs

Surveyors Fees The tenderer and the Council to bear their own legal costs

The tenderer and the Council to bear their own legal costs

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B3 PLANNING GUIDANCE FOR TENDERERS

B3.1 Among a range of statutory consents, it is anticipated that a purchaser will

be required to secure planning permissions for such as any change of use, conversion / alteration works and any demolitions and rebuilding. It will be the responsibility of any purchaser to seek and obtain any such consents and to pay all fees and charges in connection with the same.

B3.2 Tenderers should note that Christchurch Borough Council’s role as the landowner is separate and distinct to that as the local planning authority. Any decisions taken by the Council as the landowner do not imply, confirm or otherwise that a planning approval could or would be granted for any particular proposal. The Council’s role as the local planning authority cannot be influenced or fettered due to the Council being the landowner.

B3.3 Tenderers are recommended to seek and obtain their own independent advice from appropriately qualified and experienced persons or organisations.

B3.4 To assist tenderers in their initial consideration of the site, the information below and contained on the two planning constraints map and via the internet links provide an indication of the key factors that will need to be considered and addressed by any planning application.

1. Community Infrastructure Levy (CIL)

https://www.dorsetforyou.gov.uk/article/407160/Christchurch-and-East-Dorset-Community-Infrastructure-Levy

2. Core Strategy https://www.dorsetforyou.gov.uk/planning/christchurch-east-dorset-local-plan-part-1-core-strategy

3. Heathlands SPD

https://www.dorsetforyou.gov.uk/article/387392/Dorset-Heathlands-Planning-Framework

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B4 MISCELANEOUS INFORMATION

B4.1 Measurements on plans

B4.1.1 All measurements are approximate only and for display purposes only. Plans provided are not to scale.

B4.2 Lamp Column on disposal site

B4.2.1 There is a lamp column on the planted area abutting the south west facing elevation of the site. It illuminates the car park. It will be relocated by the Council to an alternative position that the Council deems to be suitable. The relocation will be undertaken prior to completion of any disposal.