Decision Maker: Delegated Executive Decisions
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
There is a car park management agreement
(CPMA) in place betweent he Council and Booths supermarket. The car
park is called New Rd 2 and it is part freehold and part leasehold.
The CPMA comprises 65 spaces in total (27 freehold, 38
Consideration was given to a new short-term Car Parking Management Agreement (CPMA) with Booths Supermarket, in respect of the car park at Booths, Kirkby Lonsdale.
The most recent agreement had expired on 11 September 2021 – the car parking management arrangements put in place by that agreement were currently continuing by agreement between Booths and South Lakeland District Council. It was proposed that the ongoing arrangement be formalised by the parties entering into a short term agreement (on the basis of the terms of the 11 September 2000 agreement) to enable the parties to progress negotiations regarding the new CPMA. Upon agreement, the proposed Heads of Terms for any new CPMA were to be subject of a further future decision.
It was proposed that the short-term arrangements for the management of the Kirkby Lonsdale car park should accommodate alignment of commencement for new arrangements for the different parking sites based in Kendal; the short stay car park situated at Stricklandgate, Kendal (which is the subject of an agreement dated 03 February 2005) for example.
RESOLVED - That the Director Of Customer and Commercial Services agree that the Council enters into a new Car Parking Management Agreement (CPMA) with EH Booth and Co Limited (“Booths”) in respect of the car park at Booths, Kirkby Lonsdale, on the same terms as the previous CPMA for the same site (dated 11 September 2000) save for a shorter term (for a period of 12 months, terminating earlier if agreed between the parties) to allow conclusion of negotiations for a new Car Park Management Agreement to be agreed with Booths.
Reason for Decision
The CPMA links to the Council Plan priority of ensuring the car parking provision of this facility improves the economic benefit for the town and businesses.
By entering into a new short term arrangement on similar terms to the current CPMA the Council will continue to receive income for the period specified from the car park as outlined in the current agreement which is appended to the report at Appendix 1.
Negotiations for a new CPMA will seek to secure a future income from the car park; further details / costings will be provided in due course upon the conclusion of negotiations.
As the current arrangements are continuing by informal agreement between the parties only; it is proposed that this ongoing arrangement is formalised by the parties entering into a short term arrangement (for a period of 12 months, terminating earlier if agreed between the parties) to enable the parties to progress negotiations regarding new car parking management agreement(s).
Alternative Options Considered and Rejected
An alternative option would be for the Council to continue providing the car parking management services without any formal arrangements in place – this is not recommended as the previous arrangement expired in September 2021 and there are currently no formal arrangements in place regulating the relationship for provision of services/payment of income.
Another alternative option would be for the Council to cease providing the car parking management services and not to seek to put a short term agreement in place while negotiations are ongoing with Booths supermarket for a new arrangement. This is not recommended because it would leave the Council without any control over the car parking spaces and would result in a potential loss of car park revenue generated from these spaces.
Report author: Helen Loney
Publication date: 12/08/2022
Date of decision: 14/07/2022
Decided at meeting: 14/07/2022 - Delegated Executive Decisions