A DEAL is set to be done on the home of Portland Town Council in what has been described as a 'clean break' for both owners and occupiers.

Weymouth and Portland Borough Council, which owns the freehold of the historic building in Fortuneswell, is proposing to give the town council £50,000 in return for moving out so it can sell it. A previous offer for the town council to take over the 80-year-old building for a nominal sum was declined so the borough is keen to get it emptied so it can sell the freehold.

The £50,000 payment is described as a 'compromise', and helps the town council move to new premises. The town council is in negotiations to move into a smaller base in Easton Street. It has been holding public meetings in the community, and will continue to do so, because its Fortuneswell office is not fully accessible.

A report to Tuesday's borough management committee, suggests the town council may argue it has legal occupancy rights to the building even though the borough owns the building and has been paying the bills. When the borough took on the freehold from the old Portland Urban District Council in 1974, it said it would provide 'suitable accommodation' for the town council.

The report says: "The legal position relating to the occupancy of the town council occupying the top floor of the building and using some areas for storage is not straight forward. Originally the arrangements of the transfer were that accommodation would be provided. WPBC has paid for the running of the building and the PTC has occupied it.

"The basis on which PTC occupy the premises could therefore be on the basis of them exercising their function as a council, but if it is not performing all those functions there then that might be questionable. If not then do they have any occupancy rights?"

The report adds: "WPBC might take a view that there is no legal right of occupation, and the PTC might suggest there is. If there is a right to occupy then WPBC could not sell with vacant possession. A legal review and potential court debate would be costly to both WPBC and PTC and would be time consuming.

"However even if the basis of occupancy was agreed, there is then the issue of payment for the continued occupancy by WPBC. Would this have to continue?

"There is not a simple clear answer but the historic position is clear.

"Given the lack of certainty, but with the occupancy proving a problem to a vacant possession sale, a compromise offer of payment to the PTC is recommended."

The report says the arrangement gives a 'clean break' to both organisations, and allows both to move forward. The £50,000 is based on about two years operating costs.

Town council chairman Cllr Ray Nowak, also a member of the borough's management committee, was recommending to town councillors last night the offer from the borough should be supported.

He added: "I would have liked to see more money to help us move to a new office. There are arguments that the borough will do quite well out of this arrangement."