Last weekend, two of the shortlisted applicants looking to take over the Ventnor Winter Gardens (for which the Hambrough Group have been chosen as preferred bidder) sent a letter to all Isle of Wight councillors.
The two-page letter was a result of concerns raised amongst the Ventnor resident and business communities after a Delegated Decision Report, published by the Isle of Wight council, revealed that community use of the venue in perpetuity (as had been promised by council officer John Metcalfe in a letter to the MP for the Island, Andrew Turner) had been negotiated down to a minimum of ten years by The Hambrough Group.
State aid for a commercial organisation allegation
The two groups, Ventnor Winter Gardens Ltd (VWGL) and Ventnor Winter Gardens Trust (VWGT), argue that if terms for community use ‘in perpetuity’ (ie. forever) could not be agreed with the preferred bidder, the council should have gone back to the other two bidders – both of whom agreed to the ‘in perpetuity’ terms.
In their letter (sent by email to all IW councillors), the groups (one of which contains a lawyer) go on to claim that if community access after ten years will not be provided, it “moves the sale into the realms of ‘state aid’ and ‘best consideration’ issues.”
They attached a Local Government circular explaining what ‘best consideration’ means (which we’ve embedded for your convenience below).
Councillors urged to use their powers
Many other points are raised by the two groups in their letter to the councillors. They question undefined “Satisfactory Planning Permission”, the disappearance of overage (money made if the building is sold on) and pre-emption obligations … and ask if there would be an unfair advantage for the Hambrough Group over local businesses, if they buy the venue for a peppercorn cost.
It ends by urging the councillors to use their powers to call in the decision if George Brown approves the recommendation.
They say,
We feel these issues are material and would ask you to make representations on our behalf to Councillor Brown before he makes the decision on 18th August. Should this decision be made we would urge you to use your powers as a councillor to call this delegated decision in for proper discussion.
Documents embedded below
We have embedded the letter sent by the VWGL and VWGT below for your convenience. Simply click on the full-screen icon to see a larger version.
Winter Gardens Bidders’ Letter To Councillors
Image: © IWC
