Public Document Pack
Property / Regeneration Briefing
Dear Member,
You are invited to attend the meeting of the Property / Regeneration Briefing to be held as follows for the transaction of the business indicated. Miranda Carruthers-Watt Proper Officer
DATE: Monday, 11 June 2018
TIME: 11.00 am
VENUE: Committee Room 4, Salford Civic Centre, Chorley Road, Swinton
In accordance with ‘The Openness of Local Government Bodies Regulations 2014,’ the press and public have the right to film, video, photograph or record this meeting.
AGENDA
1 Apologies for absence
2 Declarations of interest
3 Items for Decision - Part 1 (Open to the Public)
3a Highways Investment Programme 2018/19 (Pages 1 - 24)
3b New Islington Mill, Oldfield Road. Salford - Asset of Community Value (Pages 25 - 36)
4 Exclusion of the Public
5 Items for Decision - Part 2 (Closed to the Public)
No items
6 Any other business
Contact Officer: Tel No: 0161 793 3013 Mike Relph, Senior Democratic Services Advisor E-Mail: [email protected] This page is intentionally left blank Agenda Item 3a
Part 1 - Open to the Public ITEM NO.
REPORT OF THE STRATEGIC DIRECTOR PLACE
TO PROPERTY AND REGNERATION BRIEFING ON 11th June 2018
TITLE: THE HIGHWAYS INVESTMENT PROGRAMME (HIP) -CAPITAL BUDGET 2018/19
RECOMMENDATIONS:
That the City Mayor notes the proposed programmes of work for the Highways Investment Programme (HIP) for 2018/19, as outlined in the report and that the report is then subsequently approved by the City Mayor.
EXECUTIVE SUMMARY:
The provision for the Highway Investment Programme funding for 2018/19 has been confirmed as £1,500,000. The budget apportionments outlined in the report, and detailed within the background document, outline the 2018/19 scheme proposals as part of the ongoing Network Recovery Programme.
BACKGROUND DOCUMENTS:
Appendix A- Pendleton Roads Feasibility Study Plan Appendix B- Roads in the Pendleton Area that are currently SCC Land Assets (not adopted highway) included in the feasibility study Appendix C - List of Provisional Schemes- HIP 2018/19
KEY DECISION:
Yes: All wards affected
Page 1 1 DETAILS:
1. The Highway Investment Programme
1.1 The Capital allocation for highway structural maintenance during 2018/19 has been specified as £1,500,000. 1.2 Salford City Council implemented a Network Recovery Plan (delivered through the Highway Investment Programme) in 2009/10. This was implemented to arrest the deterioration of the highway network initially and to enable the Council to tackle the critical sections of highway thereafter. 1.3 Since it’s commencement in 2009/10, the Network Recovery Plan has seen an improvement in overall carriageway and footway condition, across all classifications of the adopted highway network, as shown in Tables 1 and 2 below.
Target % of classification within each All % of classification within each category category Rating Class 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019- 2020- . 11 121 132 14 15 16 17 18 19 20 21
red 9.3 8.4 3.1 6.4 7.8 4.4 4.8 5* 5* 5* 5*
amber 10.5 10.2 4.7 4.8 5 11.2. 11.8 11* 11* 11* 11* C/ways yellow 37.6 35.7 9.5 12.9 14 25.2 27.8 29* 29* 29* 29*
green 42.6 45.7 82.7 75.9 73.2 59.2 55.6 55* 55* 55* 55* Table 1 – Carriageway Condition Index Summary (The Highway Improvement Programme commenced in 2009/10) *Targets are aspirational figures that are reviewed each year based on previous year’s results and are not projections. These will vary based on levels of investment and these are therefore currently affected by the investment levels provided which is less than the investment requested.
Target % of classification within each All % of classification within each category category Rating Class 2010- 2011- 2012- 2013- 2014- 2015- 2016- 2017- 2018- 2019- 2020- . 11 12 13 14 15 16 17 18 19 20 21
red 2 1.4 2 2 2* 2* 2* 2*
amber 19.6 14.2 16 17 19* 19* 19* 19* F/ways yellow 57 50.4 61 60 59* 59* 59* 59*
green 21.4 34 21 21 20* 20* 20* 20*
Table 2 – Footway Condition Index Summary (The Highway Improvement Programme commenced in 2009/10) *Targets are aspirational figures that are reviewed each year based on previous year’s results and are not projections. These will vary based on levels of investment and these are therefore currently affected by the investment levels provided which is less than the investment requested.
Page 2 2 1.4 Due to the reduced funding from 2016/17, the request put forward for funding for 2018/19 was £3.4million however the allocation has been provided at £1.5million. This is likely to result in deterioration of the network due to this lower level of funding provision. However it should be noted that there will still be some benefit provided by historic funding levels. The targets for steady state are based on this year’s funding provision of £1.5million.
1.5 The anticipated rise in the percentage of critical carriageways is due to the acquisition of former housing roads that are in a relatively poor condition. In addition, some of the early Micro Asphalt treatments that were applied at the start of the Highway Investment Programme are now reaching the end of their projected lifecycle and are showing signs of deterioration.
1.6 The reduction in funding since 2016/17 is indicated in Table 3 below. This has had an impact on the condition indices. The aspirational targets have therefore been adjusted to reflect this lower investment going forward. The figures provided in Table 3 below indicate the amount of funding requested in the Gateway bid for each year since 2016/17, the actual allocation and the difference.
Gateway Bids Requested Provided Difference
2016/17 £4,800,000.00 £3,400,000.00 £1,600,000.00
2017/18 £5,300,000.00 £3,820,000.00 £1,480,000.00
2018/19 £3,800,000.00 £1,500,000.00 £2,300,000.00
Table 3 Gateway Bids and allocations
1.7 As the Network Recovery programme progresses the type of work being proposed will move toward dealing with critical condition carriageways (red) and selected areas of footways.
Page 3 3 1.8 In summary the proposed apportionment of available funding for 2018/19 is outlined below in Table 4 below. Table 4- Work Element Allocation
Pendleton Roads Feasibility Study (fee only) £ 12,000
Pendleton Area Roads repair work £ 50,000
Carriageway Surface Treatment/Inlay £ 599,000
Footway Refurbishment – Surface Treatment/Inlay £ 599,000
Granary Lane Carriageway Inlay £ 240,000
Total Capital Provision £1,500,000
Apportionment of funding Highway Investment Programme 2018/19
1.9 A breakdown of the cost of these proposed works is as shown in Tables 5a-5d below.
Work Element (£) Total (£)
Pendleton Area Roads repair work: Direct Works Cost 35,485 Depot Overheads (19%)* 6,742 42,227 Depot Profit (8.15%) 3,442 45,669
Total Construction Costs 45,669
Design Fee (5%) 2,283 2,283 Supervision Fee (0%)
Professional Fees 2,283
Scheme Delivery Cost and Fees 47,952
Profit Difference (13%-8.15%) depot works costs 0.0485 2,048
Total Budget for programme 50,000 Table 5a-Breakdown of costs
Page 4 4 Work Element (£) Total (£)
Carriageway Surface Treatment/Inlay: Direct Works Cost 425,110 Depot Overheads (19%)* 80,771 505,881 Depot Profit (8.15%) 41,229 547,110
Total Construction Costs 547,110
Design Fee (5%) 27,356 27,356 Supervision Fee (0%) 0.00
Professional Fees 27,355
Scheme Delivery Cost and Fees 574,465
Profit Difference (13%-8.15%) depot works costs 0.0485 24,535
Total Budget for programme 599,000 Table 5b - Breakdown of Costs
Work Element (£) Total (£)
Footway Refurbishment – Surface Treatment/Inlay: Direct Works Cost 425,110 Depot Overheads (19%)* 80,771 505,881 Depot Profit (8.15%) 41,229 547,110
Total Construction Costs 547,110
Design Fee (5%) 27,356 27,356 Supervision Fee (0%) 0.00
Professional Fees 27,355
Scheme Delivery Cost and Fees 574,465
Profit Difference (13%-8.15%) depot works costs 0.0485 24,535
Total Budget for programme 599,000 Table 5c - Breakdown of Costs
Page 5 5 Work Element (£) Total (£)
Granary Lane Carriageway Inlay: Direct Works Cost 170,328 Depot Overheads (19%)* 32,362 202,690 Depot Profit (8.15%) 16,519 219,210
Total Construction Costs 219,210
Design Fee (5%) 10,960 10,960 Supervision Fee (0%)
Professional Fees 10,960
Scheme Delivery Cost and Fees 230,170
Profit Difference (13%-8.15%) depot works costs 0.0485 9,830
Total Budget for programme 240,000 Table 5d- Breakdown of Costs
*Please note that the specified overhead figures are provisional percentages and are subject to final approval from Salford City Council
1.7 The streets indicated in red on the attached plan, Appendix A are currently land assets owned by the City Council and do not form part of the current adopted highway network. There are considerable potential liabilities for the City Council presently.
It is therefore proposed that a feasibility study be undertake to ascertain:
The costs associated with the possibility of repairing the streets identified in red on the attached Appendix One document to a standard suitable for adoption. The type of works required to bring the roads to a suitable standard considered to adopt the roads in question The street lighting implications. Whether there are any factors preventing adoption (e.g. layout. Turning facilitates additional land requirements etc) and outlining reasons why adoption cannot/should not take place Future maintenance liability under Section 41 Highways Act 1980.
1.8 Following on from the outcome of the feasibility study, works shall be undertaken to repair the roads listed in Appendix B, and formally adopt them under Section 228 Highways Act 1980.
1.9 An allowance has been made to carry out some of the repair work during 2018/19 however it may be necessary to extend this into 2019/20. Therefore any shortfall shall be included in the next Gateway Bidding process.
Page 6 6 1.10 Subsequent to adoption, the highways listed in Appendix B shall be inspected and repaired in accordance with current (and future) Highway Inspection Code of Practice and Operational Standards.
1.11 Appendix C provides details of the provisional list of schemes for the Highway Investment Programme for 2018/19. It is a comprehensive list that exceeds the budget allocation. The list has been produced from existing proposals that were already included in the Highway Investment Programme, new schemes added through survey data, recommendations from Highway Inspectors and requests from elected members and community representatives. They have been assessed and prioritised for suitability and categorised in the treatment type based on engineering assessments. 1.12 Further engineering assessment, along with current survey data and consultations will determine the finalised scheme details. 1.13 Final scheme details will be presented through monthly Briefing Notes presented to the Lead Member for Planning and Sustainable Development. The Briefing Notes shall commence in June 2018 outlining schemes and progress to date. Condition Index information as shown in Tables 1 and 2 together with associated summary plans can also be presented as updated survey information becomes available.
KEY COUNCIL POLICIES: Enhancing Life in Salford, Think Efficiency, Improving the Environment
EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS:
Better maintained footways and carriageways make it easier for less able bodied and visually impaired people, to move around the City. The scheme proposals as outlined have been made in an attempt to ensure the continued safe movement of the travelling public. The budget proposals and apportionments are not intended to be discriminatory. The works being undertaken will have a positive impact on all equality groups. With regard to footway refurbishment, the installation of tactile paving and dropped kerbs at junctions will provide safe places to cross the road for those less able bodied or visually impaired and the elderly. By planning and programming work around religious holidays we can enhance good relations with the affected communities in a positive way.
ASSESSMENT OF RISK:
Low – The targeted spend of available funding will ensure that the City Council’s statutory obligations are met while at the same time facilitating continuous improvement of the highway infrastructure.
Page 7 7 LEGAL IMPLICATIONS Supplied by: Azra Furheen, Solicitor - Physical Infrastructure Group, tel. 0161 234 4173
Date 18 April 2018
Section 41 of the Highways Act 1980 places the Highways Authority under a duty to maintain a highway, and maintenance is therefore a statutory requirement.
The proposals in the report for highway maintenance, once finalised scheme details within each of the specified categories of work have been submitted, will strengthen the Council’s position in defending 3rd party highway/tripping claims. Whilst it is legally accepted that it is not possible to maintain the highway completely free of all defects, section 58 of the Highways Act 1980 provides a possible defence to a claim if it can adequately show that there was a sufficiently robust regime in place to inspect and maintain the highway provided it is adequately carried out and the Council had no prior knowledge of the defect before an alleged incident.
Once works have been carried out in accordance with the schemes referred to the Council will be better placed to either repudiate more third party claims entirely or reduce the level of damages payable should settlement be deemed appropriate.
When commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of the EU public procurement Directives which have been implemented into UK law by regulations. Further, the Council must comply with its Contractual Standing Orders and Financial Regulations. Depending on the value of the works to be undertaken as part of the HIP, Urban Vision may be instructed to carry out such works in accordance with the exclusivity terms in the Development Services Partnering Agreement, or the Council’s framework agreement for Civil and Highways Engineering may be used. Should the value of such works exceed £100,000, a separate report will need to be presented to Procurement Board for decision. .
FINANCIAL IMPLICATIONS
Supplied by: Alison Woods, Finance Officer (Capital), Tel. 925 1135
Date: 28th March 2018
There is sufficient funding within the approved 2018/19 Highways Capital Investment Programme, to fund the £1.5 m works identified within this report.
Close monitoring of expenditure will be necessary to ensure that the proposed schemes are delivered within the approved budget allocations.
PROCUREMENT IMPLICATIONS Supplied by: Christine Flisk, Category Manager level 2 ext 6245
Page 8 8 The works detailed within this report of value less than £140K can be procured directly with Highway Services under the Development Services Partnering Agreement Exclusivity Clause with Urban Vision. The works detailed within this report of value greater than £140K will then be subject to the Council’s Contractual Standing Orders and maybe subject to a further report.
HR IMPLICATIONS Supplied by:
Not applicable for this report.
OTHER DIRECTORATES CONSULTED: Urban Vision Partnership Ltd
CONTACT OFFICER: Steve Mangan TEL NO: 0161 603 4034
WARDS TO WHICH REPORT RELATES:
All Wards
Page 9 9 This page is intentionally left blank Page 11 This page is intentionally left blank Appendix B
Roads in the Pendleton Area that are currently SCC Land Assets (not adopted highway) included in the feasibility study
Meyrick Road
Whitebeam Close
Un named pathway between Whitebeam Close to Broadwalk
Loganberry Avenue (to car park entrance)
Paddington Close
Pear Tree Close
Holcolme Close
Brydon Close
Chartwell Close (to car park entrance)
Towyn Avenue
Bala Close
Denbigh Place
Cavell Way
Un named pathway between Cavell Way and Cross Lane.
Fortran Close
Lindinis Avenue
Cotterill Street
Page 13 This page is intentionally left blank Appendix C - List of Provisional Schemes- HIP 2018/19
Proposed Carriageway Micro Asphalt Treatment 2018-19 Neighbourhood Street Area Extents Claremont & Westwood Drive Weaste Manchester Rd to Bolton Rd Claremont & Overlinks Drive Weaste Radcliffe Park Rd to Swinton Park Rd Claremont & Stapleton Street Weaste Park Lane to Claremont Road Claremont & Hallwood Avenue Weaste Westgate Rd to Moorville Road Claremont & Graham Road Weaste Cholmondeley Rd to end Claremont & St Georges Crescent Weaste Half Edge Lane to Park Rd Claremont & Verdun Avenue Weaste Wilton Rd to end Heaton Street East Salford Leicester Rd to Great Cheetham Street Rosamund Drive East Salford Brotherton Drive to end Kingsley Avenue East Salford From bottom loop to Rushley Avenue Fairless Road Eccles Barton Rd to Trafford Rd Princess Street Eccles Green Lane to Green Lane Police Street Eccles Green Lane to Cromwell Road King Edward Street Eccles Police Street to Green Lane Duke Street Eccles Parrin Lane to Anson Street Caroline Street Irlam & Cadishead Liverpool Rd to Dixon Street Dixon Street Irlam & Cadishead Caroline Street to Liverpool Road (including link road) Little Hulton & Haysbrook Avenue Walkden Armitage Ave to Longshaw Drive Little Hulton & Larkfield Avenue Walkden Baron Fold Cres to Seddon St, include Larkfield Grove Little Hulton & Westwood Avenue Walkden Worsley Ave to Hulton Ave Little Hulton & Alfred Street Walkden Full Length Little Hulton & Kirkham Street Walkden Cleggs Lane to end Little Hulton & Meadowside Avenue Walkden Springside Ave to Sportside Ave Little Hulton & Dellside Grove Walkden Meadowside Ave to end Little Hulton & Sportside Close Walkden Sportside Ave to end Little Hulton & Sportside Grove Walkden Springside Ave to end Little Hulton & Stoneyside Avenue Walkden Springside Ave to Meadowside Ave
Page 15 Little Hulton & Sportside Avenue Walkden Whittle St to end Little Hulton & Stoneyside Grove Walkden Stoneyside Ave to end Little Hulton & Endfield Street Walkden Worsley Rd to Harcourt St Little Hulton & Walter St Walkden Bridgewater Rd to Memorial rd Little Hulton & Spring Clough Ave Walkden Old Clough Lane to end Little Hulton & Marsh Street Walkden Crompton St Manchester Rd Little Hulton & Queensway Walkden Newearth Rd to Harbourne Ave Little Hulton & Westminster Road Walkden Memorial Rd to Hodge Rd Little Hulton & Hill Top Road Walkden Bolton Rd to house No 61 Little Hulton & Highgate Lane Walkden Full Length Swinton & Hartspring Avenue Pendlebury Manchester Rd to end Swinton & Chiltern Drive Pendlebury From south end to north end Swinton & Normanby Street Pendlebury Full Length Worsley & Victoria Close Boothstown Victoria Street to end (cul de sac)
Proposed Classified Roads Resurfacing Schemes 2018-19
Road Extent Neighbourhood Area Road No
Chapel Street Manchester boundary - Trinity Way Ordsall & Langworthy A6 Eastbound from Motorway (M602)to Regent Road Manchester boundary Ordsall & Langworthy A57 Westbound from Manchester boundary to Regent Road Motorway(M602) Ordsall & Langworthy A57 Blackfriars Road Trinity Way - Silk Street East Salford A6041 Broughton Road Pendleton roundabout East Salford A576 Walkden Road - Memorial Road Little Hulton & Manchester Road (westbound) Walkden A6 Little Hulton & Manchester Road Walkden Road - Whittle Street Walkden A6 Regent Road Roundabout at Albion Way Ordsall & Langworthy A57
Page 16 Broadway The Quays roundabout Ordsall & Langworthy A5063 Bolton Road Irlam o’ th’ Heights roundabout Claremont A666 Little Hulton & Cleggs Lane Amblecote Drive West to Bolton boundary Walkden A5082 Little Hulton & High Street Rudyard Street to Memorial Road Walkden A6 Frederick Road Broad Street to Lissadel Street East Salford B6186 Littleton Road Cromwell Road - Moor Lane East Salford C2109 Tootal Drive/Road Whitby Avenue to Kennedy Road Claremont C0055/57 Peel Green Road Liverpool Road - Tindall Street Eccles C6059 Camp Street Lower Broughton Road to Broughton Lane East Salford B6186 Manchester Road Under motorway bridge to Mulgrave Street Swinton A6 Little Hulton & Manchester Road West Boundary to Highfield Road Walkden A6
Proposed carriageway Resurfacing Schemes 2018-19 Street Neighbourhood Area
Half Road East Salford Formby Road East Salford Winton Road East Salford Belper Road Eccles Calver Avenue Eccles Darley Avenue Eccles Bakewell Road Eccles Beaufort Street Eccles Dudley Road Irlam & Cadishead Hilton Lane Little Hulton & Walkden Sydney Street Little Hulton & Walkden Hulton Avenue Little Hulton & Walkden Tootal Drive/Road Weaste & Seedley Granary Lane Worsley Moorfield Worsley
Page 17 Footway Refurbishment - Micro surfacing 2018/19 Street Neighbourhood Area
Princeton Close Claremont & Weaste Ryecroft Avenue Claremont & Weaste James Corbett Road Claremont & Weaste Daniel Adamson Road Claremont & Weaste My Street Claremont & Weaste Worcester Street East Salford Great Clowes Street East Salford Choir Street East Salford Rosamond Drive East Salford Brotherton Drive East Salford Tysoe Gardens East Salford Kays Gardens East Salford Cobden Street East Salford Mona Street East Salford Suffolk Street East Salford Dunedin Drive East Salford Barnett Avenue East Salford Arlington Street East Salford Lissadel Street East Salford Marlbourgh Road East Salford Radford Street East Salford Broom Lane East Salford Brookfield Road Eccles Gaskell Road Eccles Boardman Street Eccles Bradburn Street Eccles Ivy Street Eccles Park Road Eccles Old Wellington Road Eccles Francis Street Eccles Broad Oak Park Eccles Winster Road Eccles Vicars Street Eccles Chadwick Road Eccles Brereton Grove Irlam & Cadishead Chapel Road Irlam & Cadishead Marlow Drive Irlam & Cadishead Parkstone Road Irlam & Cadishead Woodlands Avenue Irlam & Cadishead Sandy Lane Irlam & Cadishead
Page 18 Newlands Avenue Irlam & Cadishead Princes Avenue Irlam & Cadishead Ashawe Terrace Little Hulton & Walkden Ashawe Grove Little Hulton & Walkden Kenyon Way and Kenyon Grove Little Hulton & Walkden Beech Grove Little Hulton & Walkden Hazel Avenue Little Hulton & Walkden Newgate Drive Little Hulton & Walkden Spa Grove Little Hulton & Walkden Anchor Lane Little Hulton & Walkden Newcombe Drive Little Hulton & Walkden Dearden Avenue Little Hulton & Walkden Broughton Ave Little Hulton & Walkden Kent Close Little Hulton & Walkden Greencourt Drive Little Hulton & Walkden Parkway Little Hulton & Walkden Kenyon Terrace Little Hulton & Walkden Hallstead Grove Little Hulton & Walkden Mill Hill Little Hulton & Walkden Gorse Drive Little Hulton & Walkden Mossbrook Drive Little Hulton & Walkden Carrfield Avenue Little Hulton & Walkden Rigby Grove Little Hulton & Walkden Moorland Drive Little Hulton & Walkden Seddon Street Little Hulton & Walkden Ram Street Little Hulton & Walkden Highfield Road Little Hulton & Walkden Croft Grove Little Hulton & Walkden Manchester Road A6 Little Hulton & Walkden Hopefold Drive Little Hulton & Walkden The Reach Little Hulton & Walkden Ladywell Grove Little Hulton & Walkden Sportside Grove/Avenue Little Hulton & Walkden Stoneyside Avenue Little Hulton & Walkden Heathside Grove Little Hulton & Walkden Regent Avenue Little Hulton & Walkden Wilbraham Road Little Hulton & Walkden Irwell Avenue Little Hulton & Walkden Ladywell Avenue Little Hulton & Walkden Greenfield Road Little Hulton & Walkden Bracken Avenue Little Hulton & Walkden Heathside Grove Little Hulton & Walkden Corrie Street Little Hulton & Walkden Graymar Road Little Hulton & Walkden
Page 19 Leaside Grove Little Hulton & Walkden Broughton Avenue Little Hulton & Walkden Whittle Grove Little Hulton & Walkden Wordsworth Road Little Hulton & Walkden Russell Street Little Hulton & Walkden Pemberton Street Little Hulton & Walkden Eastham Way Little Hulton & Walkden Blair Avenue Little Hulton & Walkden Wingate Road Little Hulton & Walkden Shelley Road Little Hulton & Walkden Falcon Drive Little Hulton & Walkden Newholme Gardens Little Hulton & Walkden Ridyard Street Little Hulton & Walkden Russell Court Little Hulton & Walkden Farndale Square Little Hulton & Walkden Trafford Drive Little Hulton & Walkden Wayside Grove Little Hulton & Walkden Keswick Road Little Hulton & Walkden Springclough Dr Little Hulton & Walkden Crosby Ave Little Hulton & Walkden Penrith Ave Little Hulton & Walkden Howclough Close Little Hulton & Walkden Lansdowne Drive Little Hulton & Walkden Bedford Avenue Little Hulton & Walkden Parr Fold Avenue Little Hulton & Walkden Harbourne Avenue Little Hulton & Walkden Carlton Road Little Hulton & Walkden Carlton Close Little Hulton & Walkden Elvington Crescent Little Hulton & Walkden Fernside Grove Little Hulton & Walkden Nansen Street Ordsall & Langworthy Goulden Street Ordsall & Langworthy Albion Way (near Toyota Garage) Ordsall & Langworthy Gledhill Avenue Ordsall & Langworthy West Crown Avenue Ordsall & Langworthy Thurlow Street Ordsall & Langworthy Worrall Street Ordsall & Langworthy Goodiers Drive Ordsall & Langworthy Lowry Drive Swinton & Pendlebury Henderson Avenue Swinton & Pendlebury Algernon Street Swinton & Pendlebury Canonsway Swinton & Pendlebury Douglas Street Swinton & Pendlebury Lottie Street Swinton & Pendlebury West Drive Swinton & Pendlebury
Page 20 East Drive Swinton & Pendlebury Central Drive Swinton & Pendlebury East Central Drive Swinton & Pendlebury North Drive Swinton & Pendlebury West Central Drive Swinton & Pendlebury East Lynn Drive Swinton & Pendlebury Leigh Road Worsley & Boothstown Booths Hall Road Worsley & Boothstown Pheasant Close Worsley & Boothstown Landrace Drive Worsley & Boothstown Saddleback Close Worsley & Boothstown Fir Tree Ave Worsley & Boothstown Oaklands Road Worsley & Boothstown Ringlow Park Road Worsley & Boothstown East Lancashire Road Worsley & Boothstown Holyrood Drive Worsley & Boothstown Mardale Road Worsley & Boothstown Mabel Avenue Worsley & Boothstown Moorfield Close Worsley & Boothstown Beanfields Worsley & Boothstown
Footway Refurbishment - Inlay 2018/19 Street Neighbourhood Area
Lancaster Road Claremont & Weaste Broomhall Road Claremont & Weaste Parkfield Claremont & Weaste Hillfield Claremont & Weaste Weaste Drive Claremont & Weaste 2-16 Meadowgate Road Claremont & Weaste Douglas Green East Salford Oaklands Road East Salford Worcester Street East Salford Barton Road Eccles Brandon Avenue Eccles Westmorland Road Eccles Snowden Road Eccles
Page 21 Brookhouse Ave Eccles Clarendon Road Eccles Cromwell Road Eccles Fox Street Eccles Schofield Road Eccles Russell Street Eccles Beech Avenue Irlam and Cadishead Marlborough Road Irlam and Cadishead Captain Fold Road Little Hulton & Walkden Mill Hill Little Hulton & Walkden Moorhey Road Little Hulton & Walkden upland drive Little Hulton & Walkden Peel Park Crescent Little Hulton & Walkden Parkway Little Hulton & Walkden St Marks Crescent Little Hulton & Walkden Medway Road Little Hulton & Walkden Shawbrook Avenue Little Hulton & Walkden Walter Street Little Hulton & Walkden Brougham Ave Little Hulton & Walkden Shalbourne Road Little Hulton & Walkden West Ave Little Hulton & Walkden North Grove Little Hulton & Walkden Buile Hill Avenue Little Hulton & Walkden Windsor Avenue Little Hulton & Walkden Kersal Avenue Little Hulton & Walkden Laurel Drive Little Hulton & Walkden Sportside Grove Little Hulton & Walkden Eastham Way Little Hulton & Walkden Langworthy Avenue Little Hulton & Walkden Claremont Drive Little Hulton & Walkden Beechfield Avenue Little Hulton & Walkden Regent Avenue Little Hulton & Walkden Marsh Road Little Hulton & Walkden Ordsall Avenue Little Hulton & Walkden Ellesmere Street Little Hulton & Walkden Old Clough Lane Little Hulton & Walkden Castleway Ordsall & Langworthy Bolton Road Swinton & Pendlebury Conway Avenue Swinton & Pendlebury Langley Road South Swinton & Pendlebury Dunster Rd Swinton & Pendlebury Calder Drive Swinton & Pendlebury Browning Road Swinton & Pendlebury Burns Avenue Swinton & Pendlebury
Page 22 St Anns Street Swinton & Pendlebury Cawdor Street Swinton & Pendlebury Moss Bank Road Swinton & Pendlebury Clifton Drive Swinton & Pendlebury Manchester Road Swinton & Pendlebury Normanby Street Swinton & Pendlebury Normanby Grove Swinton & Pendlebury Mulgrave Street Swinton & Pendlebury Cherry Drive Swinton & Pendlebury Douglas Street Swinton & Pendlebury Abbey Drive Swinton & Pendlebury Priory Road Swinton & Pendlebury Leinster Road Swinton & Pendlebury Overdale Swinton & Pendlebury Cheetham Road Swinton & Pendlebury Hope Street Swinton & Pendlebury Beechfield Road Swinton & Pendlebury Goodwill Close Swinton & Pendlebury Mount Street Swinton & Pendlebury Manchester Road Swinton & Pendlebury and Claremont & Weaste Ridgemont Drive Worsley & Boothstown Vicars Hall Gardens Worsley & Boothstown Booths Hall Grove Worsley & Boothstown Haydock Drive Worsley & Boothstown Braemar Lane Worsley & Boothstown Kirby Avenue Worsley & Boothstown Sefton Drive Worsley & Boothstown Brooklands Road Worsley & Boothstown Greenleach Lane Worsley & Boothstown Granby Road Worsley & Boothstown Allenby Road Worsley & Boothstown Walkden Road Worsley & Boothstown Beatrice Road Worsley & Boothstown
Page 23 This page is intentionally left blank Agenda Item 3b
Part 1 - Open to the Public ITEM NO.
REPORT OF THE STRATEGIC DIRECTOR PLACE
TO: THE PROPERTY AND REGENERATION BRIEFING ON: 11th June 2018
TITLE: 16/68346/ACV - Assets of Community Value application for New Islington Mill and associated car park, Oldfield Road, Salford, M3 5HW.
RECOMMENDATION:
That the City Mayor approves the inclusion of New Islington Mill on the list of Assets of Community Value.
That the City Mayor does not approve the inclusion of the New Islington Mill Car park on the list of Assets of Community Value, but places it on the list of assets nominated but not listed.
EXECUTIVE SUMMARY:
A community nomination has been received in respect of New Islington Mill and its associated car park, Oldfield Road, Salford, M5 4DE.
If the City Mayor considers that the site falls within the definition of an Asset of Community Value as set out in Section 88 of the Localism Act 2011, the Council is required to include the land in the Local Authority’s list of Assets of Community Value and to register the consequent restrictions on sale with HM Land Registry.
If the land is registered as an Asset of Community Value nothing further will occur unless and until the owner decides to dispose of it, either as a freehold sale or for a lease of 25 years or more. At that point the community interest group would be notified by the City Council of the intended sale/lease and would have an opportunity to put an offer to the site owner. The owner may then sell/lease to any person or group they choose which would not necessarily be the community interest group. The City Council has no role in deciding who the successful bidder would be.
Page 25 BACKGROUND DOCUMENTS: (Available for public inspection)
Localism Act 2011
Assets of Community Value (England) Regulations 2012
Community Right to Bid: Non-statutory advice note for Local Authorities
KEY DECISION: No
DETAILS:
1. Introduction
Part 5 Chapter 3 of the Localism Act and the Assets of Community Value (England) Regulations together deliver the Community Right to Bid scheme. This scheme encourages communities to join together to save and take over assets which are significant to them. The scheme gives communities the opportunity to identify assets of community value and have them listed and, when they are put up for sale, more time to raise finance and prepare to bid for them.
The scheme gives certain groups a right to nominate a building or other land for listing by the Local Authority as an Asset of Community Value. Provided that the nomination is made by a qualifying group (a ‘Community Nomination’) it must be listed if the Mayor is satisfied that a principal (or non-ancillary) use of the asset furthers (or has recently furthered) the community’s social well-being or social interests (which include cultural, sporting or recreational interests) and is realistically likely to do so in the future.
After listing the land owner has the opportunity to request a review of this decision.
When a listed asset is to be sold or leased for more than 25 years, local community groups will in many cases have a fairer chance to make a bid to buy it on the open market.
Upon receipt of a Community Nomination, Local Authorities are afforded eight weeks to determine whether the asset meets the definition set out in Section 88 of the Act or whether it falls within one of the excluded categories (including residential property) set out in Schedule 1 of the Regulations. In this case a significant amount of investigation was required following the application and the report is submitted outside that timeframe, but in consultation with the applicants.
Current use
Section 88 (1) of the Localism Act states that, a building or other land in a Local Authority's area is land of community value if in the opinion of the authority -
(a) an actual current use of the building or other land that is not an ancillary use furthers the
Page 26 social well-being or social interests of the local community, and (b) it is realistic to think that there can continue to be non-ancillary use of the building or other land which will further (whether or not in the same way) the social well-being or social interests of the local community.
Recent past use
Section 88 (2) of the Localism Act states that, a building or other land in a Local Authority's area is land of community value if in the opinion of the authority -
(a) there is a time in the recent past when an actual use of the building or other land that was not an ancillary use furthered the social well-being or interests of the local community; and (b) it is realistic to think that there is a time in the next five years when there could be non- ancillary use of the building or other land that would further (whether or not in the same way as before) the social well-being or social interests of the local community.
The decision and its implications
If the City Mayor agrees that the asset meets the Section 88 definition, the Council must place it on the List of Assets of Community Value, on the Local Land Charges Register and, if the land is registered, apply for a restriction on the Land Register.
If the City Mayor determines that the asset does not meet the Section 88 definition, or it is one of the excluded categories s/he must place it on a list of assets nominated but not listed.
Once an asset has been listed nothing further will happen unless and until the owner decides to dispose of it either through a freehold sale or the grant or assignment of a lease of 25 years or more.
A person who is an owner of land included in a Local Authority's list of assets of community value must not enter into a relevant disposal of the land unless, where applicable, each of Conditions A to C of Section 95 of the Localism Act is met.
Condition A - is that the owner has notified the Local Authority in writing of that person's wish to enter into a relevant disposal of the land.
Condition B - is that either - (a) a period of six weeks starting on the date of the owner’s notification has ended without the Local Authority having received during that period from any community interest group a written request (however expressed) for the group to be treated as a potential bidder in relation to the land, or (b) a period of six months starting on the date of the owner’s notification has ended.
Condition C - is that a period of eighteen months starting on the date of the owner’s notification has not ended.
These provisions do not restrict in any way who the owner of a listed asset can sell their property to or at what price. Nor do they confer a first right of refusal to community interest groups.
Page 27 2. Consideration of this application
Site details
This application relates to New Islington Mill and its associated car park, Oldfield Road, Salford, M3 5HW. New Islington Mill is a Grade II listed spinning mill originally built in 1838. This three-storey building is currently used as music rehearsal studios, storage and artist’s/printer’s studios.
New Islington Mill is situated adjacent to a wider complex of buildings. These buildings are owned by a variety of third parties – not the owner of New Islington Mill. This wider complex includes a single storey Stable Block and a six storey building (the original Islington Mill).Both of these buildings are listed heritage assets. The Stable Block is itself the subject of a separate Asset of Community Value application by Islington Mill Arts Club CIC (refer 16/68348/ACV) but not included in consideration of this application..
For clarity, the original Islington Mill is coloured light blue on the drawings accompanying this application. The Stable Block is coloured in black. New Islington Mill and its associated car park is coloured violet.
Site owner/interested parties
Owner:
Mr Glenn Ashton 45-49 Greek Street Stockport Cheshire SK3 8AX
Notification letter sent: 27 February 2017
No written response has been received to date, however a meeting was held with the owner and he has verbally expressed his concerns regarding the proposed listing of New Islington Mill on the Local Authority’s list of Assets of Community Value and, in turn, the implications of this upon any future sale of the site.
Occupiers:
Drum Roots ('[email protected]') - email sent to occupiers 11/07/2017
One69a Design, Print, Education - email sent to occupiers 11/07/2017
Other tenants not known - site notices displayed on external doors of building
Notice of the application was also sent to Achieve Fitness Limited on 27 February 2017. It was subsequently discovered however that this company vacated the building in 2015.
Page 28 Responses
Only the proprietor of One69a responded. This response reiterated One69a’s access and servicing requirements only.
Community Nomination
The application is submitted by the Islington Mill Arts Club CIC.
The application is supported by a document entitled: Community Right to Bid Nomination Form and Appendix 1 - Supporting Information and Memorandum of Association.
The submitted Memorandum of Association confirms that the Islington Mill Arts Club CIC is a Community Interest Company limited by guarantee and that it is a non-profit organisation.
Section 89 (1) (a) of the Localism Act states that land in a Local Authority’s area which is of community value may be included by a Local Authority in its list of assets of community value in response to a community nomination.
Section 89 (2) and defines Regulation 5 (1) of The Assets of Community Value (England) Regulations 2012 defines a community nomination to include a community interest company. Therefore it is recommended that the applicant is considered to be a body capable of making a nomination.
Is the current/recent use of community value?
Section 88 (6) of the Localism Act states that social interests include (in particular) each of the following:
(a) cultural interests; (b) recreational interests; (c) sporting interests
The information supplied by the applicant regarding the current uses of New Islington Mill is limited and in part appears to be inaccurate The application states that the building is being used in parts for music rehearsals and recording, dance studios; print workshops and a health studio. The gym which previously occupied the first floor of the building has now ceased operations.
Little information accompanies the nomination in terms of how those uses further the social well-being and interests of the local community. The nomination focuses mainly on the uses of the adjacent Islington Mill and concerns that future uses in New Islington Mill may be incompatible with Islington Mill.
In light of this further investigations were carried out. This included a meeting with the nominator, a meeting with the owner of New Islington Mill and discussions with two of the tenants of the building to determine the precise nature of the building’s uses. It was found that a number of uses occupy the building.
Whilst the first floor is currently vacant, this was last occupied by Achieve Fitness Limited which vacated in 2015.
Page 29 The ground floor comprises 10 music rehearsal rooms with the second floor accommodates 16 rehearsal rooms. One room on the second floor is also in use by a collaboration of artists as a studio and print room.
Music rehearsal rooms
The aforementioned studios are in essence rooms where musicians can rehearse and/or store their equipment. In April 2017 there were three rooms in use on the ground floor and approximately seven rooms in use on the second floor with the remaining rooms vacant. There are no formal leases in place and the rent is paid monthly with a month’s notice to vacate. The owner of the property explained that formal leases would likely hinder the leasing of the rooms and as such informal agreements were preferred.
Music plays an important role in many cultures and although not open to the general public, the music rooms enable the arts and music community to gather and rehearse together and, in turn, further their cultural well-being.
In addition bands do then go on to perform outside of New Islington Mill in the wider community. This, in turn, again furthers the social well-being and interests of this local community.
It is recommended that the music rehearsal and recording rooms on site further the social wellbeing and interests of the local community.
Gym
At times the area previously vacated by Achieve Fitness Limited is occasionally used to hold events usually put on by those renting the units. This is on an ad hoc basis and there is no formal planning permission for this use. One of the current tenants advised of this use during a telephone conversation and this was confirmed in a telephone conversation with the owner.
It appears that there is an infrequent current use of this area as an event space and it is again considered that would further the social well-being and interests of this local community and, in turn, attendees of events.
Studio and Print room
The studio and print room is used by a collaboration of artists, who use the same space and facilities. There is both a commercial and educational use of the space. Commercially, artists design and print various materials for businesses and other parties wishing to employ their services. In addition to this, one artist is also a photographer and another a screen printer and they are paid to provide educational workshops for schools, museums, prisons and other bodies.
The majority of the artists use the work space commercially. This is a private space and not open to the general public. As such it is not considered that this use of the building furthers the social well-being and interests of the local community.
The studio and print room are integrally and physically connected to the building and access to the studio is either via the internal staircases or a very old external staircase that is in some need of repair. In terms of a functional relationship, the amenities used by the artists are located in the main building. This section of the building could not be separated from the
Page 30 reminder of the building due to its physical connections.
Notwithstanding the quality of the application, it is noted that the first tier tribunal appeal between Admiral Taverns Limited and Cheshire West and Chester, Farndon Parish Council (CR/2016/0022) found that the fact that there may be inaccuracies within an application should not be considered fatal to that application taking into account the characteristics of the nomination body.
The building
All units within the building are accessed by one of the pedestrian entrances and the internal communal staircases. Again, there is an old external staircase that also leads to the artist’s studios but this is rarely used due to its condition. The primary access point to the artist’s studio is through the communal doors and staircases located on either the front or rear of the building. There is a very clear physical connection and relationship between all of the units within New Islington Mill and individual units are inseparable.
In terms of functionality, all of the units (with the exception of the space previously occupied by Achieve Fitness Limited) have access to shared amenities. No such amenities are located within each unit.
Taking into consideration the physical and functional connection of the units it is considered that all are inseparable and should be considered to form the building.
Could future use be of community value?
In terms of the future use of New Islington Mill is concerned, the local authority is required to consider the ‘realistic’ test set down in Section 88 (1)(a). In doing so it may assist to bear in mind the various decisions made by the First Tier Tribunal. Although these are not binding, they may be indicative of the approach that would be taken by other Tribunal judges and higher courts as follows:
The test is not what is more likely to happen but whether one of a number of realistic outcomes would satisfy the test (Worthy Developments v Forest of Dean DC (CR/2014/0005).
Future uses need not also be “wholly unrealistic” to fail the test (The General Conference of the New Church (CR/2014/0013)0.
“What is ‘realistic’ may admit a number of possibilities, none of which needs to be the most likely outcome” (Evenden Estates (CR2014/0015)).
“The question is whether such a use is realistic, in the sense of not being ‘fanciful’, even though that use might not be the most likely scenario.” (Gibson (CR/2014/0019)).
Since the nomination was received New Islington Mill has been put up for sale and is being marketed by Parkinson Real Estate. The property remains on the market.
The owner of the property has advised that it is his intention to sell the property as soon as is practicable due to health reasons. The site is being marketed as having outline planning permission for residential conversion.
Page 31 This is incorrect.
Planning permission had previously been granted for residential units within the building but all planning permissions, including any element of residential, have now lapsed. Planning permission was approved in 2000 to change of the use of first floor to a gym and second floor to music rehearsal studios and storage. This planning permission facilitated the existing and most recent uses of the building, excluding the artist’s/printer’s studios.
New owners may seek to submit a planning application for different uses. Given the nature of existing surrounding uses, significant investment would be required to ensure the building could reasonably accommodate a sensitive use, including residential.
Alternatively, it is realistic to expect that the current uses continue, regardless of the ownership of the building. Again, this is on the basis that the uses forms part of a larger collection of compatible uses and other uses locating here may be incongruous and may not achieve planning permission.
Importantly, on the basis that the building is a listed heritage asset, it is unlikely that planning permission would be granted to either significantly alter or demolish it
Given the existing surrounding land uses and the significant site constraints these uses and the heritage listing of the building generate, it is realistic to think that the existing non- ancillary uses would continue in the interests of the social well-being and interests of the local community in accordance with Section 88(1)(a) of the Localism Act 2011.
Is the site listable?
For the reasons outlined above, it is considered that New Islington Mill furthers the social well-being or interests of the local community as required by Section 88 (1) of the Localism Act 2011 however its associated car park does not in accordance with Section 88(1) or S88 (2).
It is therefore recommended that the New Islington Mill be included on the Local Authority’s list of Assets of Community Value.
Car park
The car park has previously been used directly in connection with New Islington Mill but is currently being used by a number of parties subject to the payment of a parking fee. This includes users and visitors of the wider area.
Even if it were used exclusively in association with New Islington Mill, it is considered that the car park is an ancillary component of the Mill and as such does not satisfy the tests of Section 88(1) of the Act. Importantly, this use of land is also not considered to be one which furthers the social well-being or interests of the local community.
In addition to this, given the location of the site within the bounds of the Regional Centre and in an area where significant built form change is expected, it is considered that the current use of the land as a car park is not its highest and best use and it is likely it would be redeveloped for other purposes in the future. This again does not satisfy the tests of Section 88 (1) of the Act.
It is therefore recommended that the Car Park is not included on the Local Authority’s list of
Page 32 Assets of Community Value. It will be placed on a list of assets nominated but not listed.
Councillor Comments:
Ward Councillors have been consulted on the application.
Cllr T Burch - Has agreed with the report recommendation
Cllr P Dobbs - Has agreed with the report recommendation
Cllr R Mashiter - Response to be presented verbally at the meeting
SOURCE OF FUNDING: N/A
LEGAL IMPLICATIONS supplied by: David Menga, Senior Lawyer of the Shared Legal Service
The report author has outlined the relevant legislative provisions in the body of the report. There are no legal implications for the Council to accept the nomination of New Islington Mill as an Asset of Community Value.
FINANCIAL IMPLICATIONS supplied by: N/A
OTHER DIRECTORATES CONSULTED: N/A
CONTACT OFFICER: Connor Perrott TEL. NO. 0161 779 4849
WARD(S) TO WHICH REPORT RELATE(S): Irwell Riverside
Page 33 This page is intentionally left blank Figure 1: Site plan showing relevant sites and land owners. Subject sites edged in red
Salford City Council
St. Philips School (Manchester Diocesan Board of Education)
New Islington Mill car park
Islington Mill
Stable block
Salford City Council New Islington Mill
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