APPENDIX 45
Memorandum submitted by the Department
for Transport, Local Government and the Regions
THE RENT
PAID BY
THE LEARNED
SOCIETIES AT
BURLINGTON HOUSE
The Learned Societies which occupy accommodation
at Burlington House are: (a) the Royal Society of Chemistry; (b)
the Royal Astronomical Society; (c) the Geological Society; (d)
the Linnean Society; and (e) the Society of Antiquaries. They
currently pay no rent.
AN ESTIMATE
OF THE
COMMERCIAL RENT
WHICH COULD
BE CHARGED
TO THE
LEARNED SOCIETIES
AT BURLINGTON
HOUSE
The Department was advised in 2001 that the
rental value of the premises occupied by the Learned Societies
was:
| Learned Society |
Estimated Rental Value |
| Royal Society of Chemistry | £441,000
|
| Geological Society | £315,000
|
| Linnean Society | £164,000
|
Royal Astronomical Society (including the
British Astronomical Association)
| £176,000 |
| Society of Antiquaries | £221,000
|
| Total | £1,317,000 |
| |
THE ORIGIN
OF THE
OCCUPATION BY
THE LEARNED
SOCIETIES AT
BURLINGTON HOUSE
AND THE
RATIONALE UNDERLYING
THE ARRANGEMENT
As the Department understands it, the Society of Antiquaries,
the Royal Astronomical Society and the Geological Society were
provided with accommodation at Somerset House in the late 1700s
and early 1800s. In the 1870s those Societies left Somerset House
and moved into accommodation in Burlington House. The other Learned
Societies mentioned above, the Chemical Society and the Linnean
Society, were not in Somerset House and they were provided with
accommodation in Burlington House in the late 1850s.
The Crown owns the freehold of Burlington House and DTLR
is responsible as it is the holding Department. Legal advice obtained
by the Learned Societies suggests that they might have a freehold
interest in Burlington House and/or be able to stay in the property
on a rent free basis. The Department does not accept this, based
on legal advice.
Because there is this difference of view between the Department
and the Learned Societies—as to the extent of the Learned
Societies' interest in Burlington House—H M Land Registry
has indicated that there will need to be an application to the
courts for the issue to be clarified. It is also important for
the Department to know the legal position in order to comply with
H M Treasury's new Resource Accounting arrangements, which mean
that the Department must account for Burlington House in its accounts,
and to meet the National Asset Register requirements. To do this
the Department needs to have the ownership issue clarified. There
are other public accountability issues which the Department also
needs to see resolved, such as health & safety and responsibility
for major repairs, since it would not be appropriate for the Department
to embark on a major capital expenditure programme while there
is uncertainty over the status of occupation of Burlington House.
While the Societies occupy their accommodation rent free the Department
is responsible for the maintenance and necessary improvement of
the building. This is very difficult to justify in terms of the
proper use of public funds.
The origins and rationale form part of the history of how
Learned Societies came to occupy Burlington House in the middle
of the nineteenth century. This history is relevant to the Department's
legal position. The interpretation of that history and its presentation
to the court by counsel will influence the result of the outcome.
The Department is aware that the Committee will wish to receive
information on the resolution of this matter and will therefore
keep the matter under review with respect to providing further
information.
April 2002
| 
