MAIDSTONE BOROUGH COUNCIL
CABINET MEMBER FOR CORPORATE SERVICES
REPORT OF THE ASSISTANT DIRECTOR OF ENVIRONMENT AND REGULATORY SERVICES
Report prepared by Lucy Stroud Date Issued: 9 May 2013
1. LEASE OF THE BOWLING GREEN AND A PART OF THE PAVILION AT PENENDEN HEATH, MAIDSTONE
1.1 Issue for Decision
1.1.1 To consider the leasing of the bowling green and a part of the pavilion sited at Penenden Heath to Penenden Heath Bowls Club.
1.2 Recommendation of the Assistant Director of Environment and Regulatory Services
1.2.1 That the Cabinet Member agrees to grant a lease of the open space known as the Bowling Green and an associated area of the Pavilion at Penenden Heath (“The Property”) as shown edged in red on the two plans attached as Appendices 1 and 2.
1.2.2 That the Head of Legal Services be instructed to prepare the lease based on the Heads of Terms as set out in Appendix 3.
1.3 Reasons for Recommendation
1.3.1 Members of Penenden Heath Bowls Club (PHBC) have used the Bowling Green on Penenden Heath for many years, and during this time the Council has maintained the Bowling Green and the Pavilion in return for the fees paid by PHBC. PHBC now wishes to take on full management of the Bowling Green and that part of the Pavilion which PHBC uses as a meeting and changing room. The remainder of the Pavilion will remain in the freehold ownership of the Council and be maintained for community use.
1.3.2 Following an application made to Sport England, PHBC have recently been awarded a £10,000 grant to be used towards the installation of an irrigation system and maintenance equipment for the Bowling Green. This and future grant applications will be considered on the basis that PHBC have a lease of the Property of at least 10 years.
1.3.3 These facilities are also used by Kent County Officers Bowls Club. Discussions have taken place between the two clubs and it has been agreed that PHBC will hold the lease but that the existing arrangement whereby the Kent County Officers Bowls Club using the Green will continue. This arrangement will be written into the lease.
1.3.4 The lease will provide long term security for PHBC and the ability to have control over the quality of the facilities that they use, and will encourage investment in the Property to keep it in good condition.
1.3.5 The Cabinet Member for Community and Leisure Services declared the Property surplus on 26 th October 2012, and this report is a referral arising from that particular discussion now that the Section 123 Local Government Act notice has been advertised with no objections or representations as a result thereof.
1.4 Alternative Action and why not Recommended
1.4.1 A lease to PHBC could not be granted, however this would require the Council to retain responsibility for maintenance of the Property.
1.5 Impact on Corporate Objectives
1.5.1 The proposal assists in meeting the priorities and objectives in the Strategic Plan 2011-2015;
• For Maidstone to be a decent place to live;
• And continues to be a clean and attractive environment for people who live and work in the Borough.
1.6 Risk Management
1.6.1 There is a risk that PHBC may not maintain the Green and Pavilion to the standards expected by the Council. The risk of this will be reduced firstly by regular meetings between the Council and PHBC to look at how the facilities are being managed and to give advice to PHBC if required, and secondly by appropriate lease covenants.
1.6.2 The grant from Sport England would have to be returned and future applications would be jeopardised if a lease was not granted.
1.7 Other Implications
1.7.1 1. Financial X
2. Staffing X
3. Legal X 4. Equality Impact Needs Assessment
5. Environmental/Sustainable Development
6. Community Safety
7. Human Rights Act
8. Procurement
9. Asset Management
1.7.2 Financial – The Council will no longer receive income from the sale of bowls season tickets (around £3,000 pa). In order to avoid growth in Council expenditure this sum will need to be offset from savings in the Maidstone Borough Services and Parks and Leisure budgets.
1.7.3 Staffing – The Council staff currently maintaining the Bowling Green would be used for similar tasks elsewhere in the Borough.
1.7.4 Legal – A lease will have to be produced by the Legal Services Section.
1.8 Relevant Documents
1.8.1 Appendices
Appendix 1 – Area to be leased. Appendix 2 – Area of the Pavilion to be leased. Appendix 3 – Heads of Terms for the lease.
1.8.2 Background Documents
Cabinet Decision 26 th October 2012
IS THIS A KEY DECISION REPORT?
Yes No
If yes, when did it first appear in the Forward Plan?
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This is a Key Decision because: ………………………………………………………………………..
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Wards/Parishes affected: …………………………………………………………………………………..
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How to Comment
Should you have any comments on the issue that is being considered please contact either the relevant Officer or the Member of the Executive who will be taking the decision.
Councillor Eric Hotson Cabinet Member for Corporate Services Telephone: 01580 892312 E-mail: [email protected]
Lucy Stroud Property Officer Telephone: 01622 602015 E-mail: [email protected]