The Fight4Whitby campaign has apparently sent a further letter to North Yorkshire Council, this time regarding the proposed tenancies of the Maritime Training Hub. As follows
Dear Mr Flinton
Re: Maximum 3-year lease for tenancies of the Maritime Hub on Endeavour Wharf, Whitby
North Yorkshire Council is actively marketing commercial properties to let “on long leases” in the Maritime Hub, which is under construction on Endeavour Wharf in Whitby.
The Officer reports about the Maritime Hub, submitted to the NY Executive on 21st January 2025, included under legal considerations:
12.2 The Council owns the freehold of the site on which the Maritime Hub at Endeavour Wharf is to be located and Endeavour Wharf is also a registered cargo wharf. The proposed works to construct the Maritime Hub are consistent with the Council’s powers as a Harbour Authority and do not materially alter the wharf’s registration status. Local legislation relating to Whitby Harbour also gives the council the power to enter into lease arrangements of the units forming part of the completed development.
The High Court judgement issued on 14th March 2025 (Case No: QB-2021-004706) ruled that the whole of Endeavour Wharf is harbour land, including the site of the proposed Maritime Hub. Therefore, the building under construction is owned by NYC in its capacity as the Statutory Harbour Authority (SHA) for the Port of Whitby.
The local legislation relating to Whitby Harbour is the Whitby Urban District Council Act 1905, which incorporated the Harbours, Docks & Piers Clauses Act 1847, including:
XXIII. The Undertakers may lease or grant the Use or Occupation of any Warehouses, Buildings, Wharfs, Yards, Cranes, Machines, or other Conveniences provided by them for the Purposes of this or the Special Act, at such Rents and upon such Terms and Conditions as shall be agreed upon between the Undertakers and the Persons taking the same, provided that no such Lease be granted for a longer Term than Three Years. [WCN : emphasis added]
Since any commercial lease offered on the units in the Maritime Hub must be for no more than three years, both parties will need to agree to exclude from the lease the security of tenure provisions as set out in sections 24-28 of the Landlord and Tenant Act 1954.
We also draw to your attention that, since the site is a Zone 3b Flood Risk area, the Planning Permission for the Maritime Hub granted on 15 August 2024 (Decision No ZF24/00491/RG3) was subject to the following condition:
2. The development shall be carried out in accordance with the submitted Flood Risk Assessment (ref: D/I/D/152982/04 Rev 6 dated 19/03/2024), including the specified flood resilience measures, and the building shall only be used for the following:
– Those uses set out in table 3.4.2 of the referenced Flood Risk Assessment; and,
– Other uses which are defined as ‘water compatible’ by the National Planning Policy Framework December 2023 (or any future revision) and which shall be agreed in writing by the Local Planning Authority at least 90 days prior to that use commencing.
Fight4Whitby requests your confirmation that NYC’s marketing material will be promptly amended, in order to clearly identify these legal requirements to prospective tenants. Similarly, we request your assurance that these issues will be identified in NYC’s response to any Commercial Property Standard Enquiry form that NYC may receive and that Align Property Partners will be instructed to meet these requirements when acting on NYC’s behalf.
Fight4Whitby
The reference quoted to the Harbour, Docks and Piers Clauses Act 1847 is here (link).
We would go back to that question that has been asked of NYC several times, how many signed up tenants have you got? Subsequent to this letter, how many of those tenants (if indeed there are any) are aware of the 3 year tenancy agreement limit?
