RESOLVED:

1.    That the benefits and risks identified in the Cabinet report with regard to implementing the construction contract to enable the works to Merton Hall and therefore the delivery of a permanent site for the new Harris Academy Wimbledon school be noted. This includes the application for the statutory listing of Merton Hall by the Secretary of State for Digital, Culture, Media and Sport, following an assessment by Historic England, the nomination to list Merton Hall as an Asset of Community Value (ACV), and an application to the Planning Court for a judicial review of the decision to grant planning permission.

2.    That the Council enter into a construction contract with the organisation set out in the exempt appendix to the Cabinet report for works to Merton Hall agreed in the draft contract with the Elim Church, to a contract value as set out in the exempt appendix to the Cabinet report, but only subject to the following conditions:

(i)            That the Council has entered into a conditional contract with the Elim Trust Corporation as trustee for Elim FourSquare Gospel Alliance (Elim Church) that will bind Elim Church to transfer the freehold of their land at High Path to the Council upon completion of the specified construction works and for the Council to transfer the freehold of Merton Hall to Elim Church.

(ii)          The Secretary of State for Digital, Culture, Media and Sport (DCMS) determines to decline the application made to add Merton Hall to the list of buildings of special architectural or historic interest maintained by the DCMS (The National Heritage List for England), whether or not any subsequent request is made for the DCMS to review that decision.