Item no 7.z

EDI N BVRG H+ Report NO cecl O-+I F+ THE CITY OF COUNCIL C.

Disposal of Curriehill Primary School, 210 Lanark Road West, Edinburgh

City of Edinburgh Council 22 November 2007

1. Purpose of report

1.I To submit recommendations, in terms of Standing Order 53, on the disposal of Curriehill Primary School.

2. Background Summary

2.1 On 13 November 2007, the Finance and Resources Committee considered: -

a) a deputation on behalf of Primary Parent Council; b) a report by the Director of City Development on the terms and conditions for the sale of Curriehill Primary School; c) a report by the Education, Children and Families Committee referring to the Finance and Resources Committee a motion by Councillor Burns. The motion arose from local concerns about the area of land adjacent to the former Curriehill Primary School which was to be sold; and d) a joint report by the Directors of City Development and Children and Families providing additional information on the background to the proposals.

3 Deputation 3.1 The Committee heard a deputation from Ann Sanders, Andrew Foulner and Maureen Cronshaw on behalf of the Currie Primary Parent Council. They had understood that the area of ground to be retained for the new school would include land occupied by two temporary units and a grass slope near the former Curriehill School. The deputation felt that the Council had broken promises made about the area of grounds to be sold, that the minimum standards for space at schools, dating back to 1967, should not take preference over children’s expectations in the 21”‘ century and that it had not been made clear to them how three pitches could be provided on the remaining space. 3.2 The deputation asked that the Committee move the boundary line of the land to be sold so as to leave in Council ownership the area which included the slope and temporary units. 3.3 The Committee also heard Councillors Paisley and Cairns, local ward members who spoke in support of the Deputation.

1 4 Report by the Director of City Development (Appendix 1) 4.1 The Council had agreed to amalgamate Curriehill and Riccarton Primary Schools into one building constructed on the site of the existing Riccarton Primary School; this was to be done as part of the Smart Schools Programme which also linked the capital receipt from the sale of the existing Curriehill Primary School site to that project. 4.2 The Director of City Development reported that the site as detailed in his report had been marketed, with the site boundaries agreed with the Children and Families Department. The Director summarised the marketing exercise and the offers received, recommended a preferred bidder and set out the main terms and conditions of that offer.

5 Report by the Education, Children and Families Committee (Appendix 2) 5.1 On 30 October 2007, the Education, Children and Families Committee considered an emergency motion by Councillor Burns relating to the proposed land disposal and referred it to the Finance and Resources Committee to address the issues raised. 6 Joint report by the Directors of City Development and Children and Families (Appendix 3) 6.1 In response to the issues raised in the motion submitted by Councillor Burns to the Education, Children and Families Committee, the Directors of City Development and Children and Families provided information on the amalgamation process, on the decisions made by the Council in December 2004, the outcome of discussions between the Children and Families Department and the then School Board, the nature of the land to be disposed of and the statutory requirements for the site size. 7 Motion 7.1 To approve the disposal of the former Curriehill Primary School site, 210 Lanark Road West, as detailed in report no F+R/035/07-08/CD, to Dundas Estates and Development Company Ltd. Should, for any reason, the sale of the property to Dundas Estates and Development Company Ltd not be concluded, the matter would be reported back to Committee for authority. 7.2 To note the report by the Education, Children and Families Committee. 7.3 To note that the commitment made by the Council at its meeting on 9 December 2004 that the “playing fields remain with the management of the new school organisation” had been met, with the whole of the playing fields used by the former Curriehill and Riccarton Primary Schools being retained for use by the new Currie Primary School. 7.4 To note that the total site area of the new Currie Primary School was 2.07 hectares or thereby, which was well in excess of the requirements of The School Premises (General Requirements and Standards)() Regulations 1967. 7.5 To note that any suspension or delay in the sale of the former Curriehill Primary School would have serious underfunding implications for the Children & Families Smart Schools Project.

2 7.6 To note that the area of land being sold at the former Curriehill Primary School site extended to 1.08 hectares or thereby and was bounded by the newly erected fence at the bottom of the slope situated at the southern end of the playing fields for the new Currie Primary School. 7.7 To request that Pentlands Neighbourhood Partnership establish a short life working group to consult with local stakeholders on the potential to enhance the playing fields in the future, for example, having two football pitches and an all weather playing area. Moved by Councillor Gordon Mackenzie, seconded by Councillor Elliott-Cannon. a Amendment 8.1 To approve the motion by Councillor Gordon Mackenzie, subject to the sale of the land being suspended pending the outcome of the Short Life Working Group.

Moved by Councillor Henderson, seconded by Councillor Perry.

9 Voting

For the Amendment - 6 votes For the Motion - 8 votes

10 Decision

10.1 To approve the motion by Councillor Gordon Mackenzie.

10.2 In terms of Standing Order 53, the requisite number of members required that the decision be referred to the Council as a recommendation.

Gordon Mackenzie Convener

Append ices 1. Report No F+R/035/07-08/CD by the Director of City Development 2. Report No F+R/042/07-08/EC+FC 3. Report No F+R/044/07-O8/C+F + CD

ContactAel Henry Scullion, Committee Services Tel: 529 4283 Fax: 529 7607 e-mail: [email protected]

Wards affected Ward 2 Pentland Hills

Background Executive of 24 August 2004, (Item 3.1) Papers Act of Council No 1 of 9 December 2004.

G\corp\CMT-SRV\Common\Finance and Resources\SO 53 Curriehill

3 EDI N BVRG H THE CITY OF EDINBURGH COUNCIL

Disposal of Curriehill Primary School, 21 0 Lanark Road West, Edinburgh

Finance and Resources Committee 13 November 2007

Purpose of report I To recommend the terms and conditions for the sale of Curriehill Primary School, 210 Lanark Road West, Edinburgh.

Background

2 On 9 December 2004 the Council approved a Report that recommended the amalgamation of Curriehill and Riccarton Primary Schools into one building constructed on the site of the existing Riccarton Primary School. This was part of the Smart Schools Programme which also linked the capital receipt from the sale of the existing Curriehill Primary School site to that project.

3 The existing Curriehill Primary School site extends to 1.08 hectares (2.67 acres) or thereby as shown hatched on the attached indicative plan and has recently been marketed for sale in advance of the proposed relocation. The exact boundaries to be sold have been agreed with the Department of Children and Families. This report summarises the marketing exercise offers received, recommendation of the preferred bidder and the main terms and conditions of that offer.

Main report

4 The property was advertised for sale in the national press from the week commencing 13 August with a closing date of 12 noon on 3 October 2007. Nineteen offers were received all of which involve the demolition of the existing buildings.

5 The highest offers are all heavily conditional upon obtaining planning consent on terms acceptable to the purchaser including affordable housing and other Section 75 obligations, reductions for extra ordinary groundkite costs and demolition and clear Title reports. This is normal for a disposal of this nature where there is uncertainty over the final planning position and little information available in advance on the underlying ground conditions.

ECOO 1 6 Advice from the Council’s planning officers has been sought to assist in assessing the anticipated acceptability of the principal offers. This has allowed for a full analysis which takes into account several factors in determining the preferred bidder including purchase price, deliverability, timescales, conditionality, sensitivity and, in particular, listed building and planning risks. Following this analysis, the three highest offers have been discounted primarily on issues of deliverability and planning risk.

7 The next highest offer was submitted by Dundas Estates and Development Company Ltd. This offer is based on a residential development that has considered the planning requirements of the site. It proposes a scheme with a mix of housing types at acceptable densities. The main terms of this offer are outlined below:

e A purchase price of f6,359,000 payable on the date of entry.

e The offer is subject to the purchaser being satisfied with the ground conditions of the site following survey. Abnormal costs if any may be deducted from the purchase price once they have been determined and agreed between the purchaser and the Council.

e The offer is also subject to all the necessary consents being obtained for the scheme including Planning, Section 75 obligations, Listed Buildings, Road Construction and SEPNServices approvals.

e The Missives will provide for a strict timescale for purifying suspensive conditions on terms acceptable to the Council.

e The purchaser will pay the Council’s reasonable legal costs involved in concluding the transaction.

e Clawback and overage provisions will be incorporated into the Missives to protect the Council interests.

8 Committee should note that the final purchase price may reduce due to additional costs associated with abnormal site conditions and also reducehncrease further depending on the final planning permission secured. Further, as the Council has a financial interest in the site, the planning permission will require the approval of the Scottish Government. The Director of City Development will negotiate these matters with the proposed purchaser as and when the detailed information becomes available for assessment.

9 All the offers received are commercially confidential and disclosure at this time, prior to concluding a legally binding agreement, will prejudice the Council’s commercial position. The details of the other offers are therefore not being made available at this time. If, however, any Committee member wishes further information on the bids, this can be made available on a confidential basis. Attached is an alphabetical list of all 19 offerers.

ECOO 2 Financial Implication

10 A capital receipt of f6,359,000, subject to final agreement on abnormal costs and clarity on the final consented scheme, secured in the financial year 2008/2009. This capital receipt will be credited to the Children & Families Capital Investment Programme.

Recommendations

11 It is recommended that the Council approves the disposal of the former Curriehill Primary School site, 210 Lanark Road West to Dundas Estates and Development Company Ltd. Should, for any reason, the sale of the property to Dundas Estates and Development Company Ltd is not concluded, the matter will be reported back to Committee for authority.

Andrew M Holmes Director of City Development

Appendices (i) Location Plan (ii) Schedule of Offerers

ContactlTel Lesley Turner, Senior Estates Surveyor - 529 5956 Peter Watton, Estates Manager - Property Development - 529 5962

Wards affected 2, Pentland Hills

Background Marketing information Papers

ECOO 3

Curriehill Primary School Schedule of Offerers in alphabetical order

AMA (New Town) Ltd Applecross Properties Ltd Barratt East Scotland David Wilson Homes (Actually in name of Barratt Homes Ltd following take over) Dundas Estates and Development Co Ltd Edenlaw () Ltd G Dunbar & Sons (Builders) Ltd Kier Homes Ltd Morton retirement Living Ltd Canmore HA Queensberry Properties Ltd (JV between Cruden Homes and Buccleuch Group) Robertson Homes Ltd S1 Developments Ltd St Bernards Developments Ltd Strathclyde Homes Ltd Taylor Wimpey UK Ltd (Bryant Homes) Tesco Stores Ltd The Citrus Group Thomas Mitchell Builders Ltd Westpoint Developments (Scotland) Ltd + EDIN BVRGH + THE CITY OF EDINBURGH COUNCIL

Curriehill Primary School - Sale of Site

Finance and Resources Committee 13 November 2007

Purpose of Report

1 To refer a motion by Councillor Burns on Curriehill Primary School - Sale of Site to the Finance and Resources Committee to address the issues raised.

Main Report

2 The Education, Children and Families Committee at its meeting of 30 October 2007 considered the following emergency motion by Councillor Burns:

Curriehill Primary School - Sale of Site

“Committee notes previous commitments given to parents and local community in respect of playing fields and green space at the new Currie Primary School.

Committee instructs the Director of Children and Families to produce a report addressing issues around the sale of land on the site of the former Curriehill Primary School.

The report to include a history of the decision making process in respect of the size and boundaries of the site that has been marketed.

The Currie Primary School Community and Parent Council are to be consulted in the writing of the report and invited to the Committee meeting that will consider the report.

Until the report has been produced and considered the Committee agrees that the sale process of the site be suspended with immediate

effect .” 3 Decision

To note the motion and refer it to the Finance and Resources Committee to address the issues raised.

Councllor Mrs Marilyne MacLaren Convener, Education, Children and Families Committee

Appendices None

Contactltel Allan McCartney, Senior Committee Officer, TelO131 529 4246 or e-mail [email protected]

Wards affected Pentland Hillls

Background None Papers €D I N BVRG H THE CITY OF EDINBURGH COUNCIL

Curriehill Primary School - Sale of Site Supplementary Report on Labour Group Emergency Motion

Finance & Resources Committee 13 November 2007

Purpose of report

1 To address the issues raised in a Motion by Councillor Burns at the Education, Children & Families Committee on 30 October 2007 in relation to the sale of the former Curriehill Primary School following an objection by the Currie Primary School Parent Council to the sale of the former Curriehill Primary School.

Background

2 The Education, Children & Families Committee of 30 October 2007 considered the following emergency Motion by Councillor Burns:-

Curriehill Primary School - Sale of Site

“Committee notes previous commitments given to parents and local community, in respect of playing fields and green space, at the new Currie Primary School.

Committee instructs the Director of Children & Families to produce a report addressing issues around the sale of land on the site of the former Curriehill Primary School.

The report to include a history of the decision making process in respect of the size and boundaries of the site that has been marketed.

The Currie Primary School Community & Parent Council is to be consulted in the writing of the report and invited to the Committee meeting that will consider the report.

Until the report has been produced and considered, the Committee agrees that the sale process of the site be suspended with immediate effect”

3 The Education, Children & Families Committee noted this Motion and referred it to the Finance & Resources Committee to address the issues raised.

ECOO 1 Main report

4 In 2004, the Council conducted a series of consultation exercises proposing amalgamations of primary schools. The proposal to amalgamate Curriehill and Riccarton Primary Schools commenced with a report to the Council Executive in August 2004. 5 The statutory consultation exercise was required for the closure of the school under the terms of Section 22 of the Education (Scotland) Act 1980. There is no statutory requirement to consult on boundaries of school sites.

6 The outcome of that consultation was reported back to the Council on 9 December 2004, where it was agreed that the two schools should amalgamate on the Riccarton site. It was further agreed that the Curriehill site be declared surplus to requirements following completion of the works, and that the capital receipt from its sale would be ring fenced for improvements to the Education estate.

7 The issue of the retention of the playing fields was one of the issues raised during the statutory consultation exercise. An extract from the report to the Council on 9 December 2004 on this issue read as follows:-

“With regard to the playing fields, the Council has no plans to release the fields for development. These are protected by an open space designation in the Local Plan and any planning application to develop these fields would be unlikely to secure planning permission. It is proposed that these playing fields remain with the management of the new school organisation.”

8 Prior to the commencement of the consultation exercise, the playing fields, which are located between the two schools, were shared equally by the schools with the whole campus being treated as one Education property. There was no physical boundary between the schools.

9 Following the statutory consultation exercise, the question of the retention of the playing fields for use by the new Currie Primary School was discussed between the Children & Families Department and the School Board, and agreement reached that they would be retained as detailed in Clause 7 above.

10 The only physical definition between the playing fields and the former Curriehill Primary School is a steep slope. This slope does not make any useful contribution to the use of the playing fields and therefore the southern edge of the level ground forming the playing fields, at the bottom of the slope, was adopted as the most logical separation. This had the added benefit of removing responsibility for the maintenance of the slope from the Council. The new fence line at the bottom of the slope is shown on the attached plan.

11 When considering this matter, the Children & Families Department made it quite clear that the new school site should meet the requirements of The School Premises (General Requirements and Standards) (Scotland) Regulations 1967 and was of sufficient size to provide a single pitch. The Regulations require a double stream primary school (the size of Currie Primary School) to have a site size of 1.325 hectares. The actual land size of the new school is 2.07

ECOO 2 hectares, which is well in excess of the statutory requirement. The retained playing fields are capable of providing three pitches of different sizes which all meet primary school requirements.

Financial Implications

12 Should the sale of the former Curriehill Primary School be suspended or delayed, there would be serious underfunding implications for the Children & Families Smart Schools Project, which requires the capital receipt from the sale of the site to support the funding already provided in its Capital Investment Programme.

Recommendations

The Committee notes that:-

The commitment made by the Council at its meeting on 9 December 2004, that the “playing fields remain with the management of the new school organisation” has been met, with the whole of the playing fields used by the former Curriehill and Riccarton Primary Schools being retained for use by the new Currie Primary School.

The total site area of the new Currie Primary School is 2.07 hectares or thereby, which is well in excess of the requirements of The School Premises (General Requirements and Standards)(Scotland) Regulations 1967.

Any suspension or delay in the sale of the former Curriehill Primary School would have serious underfunding implications for the Children & Families Smart Schools Project.

The area of land being sold at the former Curriehill Primary School site extends to 1.08 hectares or thereby and is bounded by the newly erected fence at the bottom of the slope situated at the southern end of the playing fields for the new Currie Primary School.

Gillian Tee Andrew M Holmes Director of Children & Families Director of City Development

ECOO 3 Appendices Site Plan

ContactRel Bill Miller, Property Manager, City Development - 529 5932 Lindsay Glasgow, Asset Planning Manager, Children & Families - 469 3312

Wards affected 2, Pentland Hills

Background None Papers

ECOO 4 ...\Plans\AO -~- A4\A2\A2-77&n--____ -~-____0811 112007 11:12:42