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Delegated Decisions – 5 July 2011

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Delegated Decisions – 5 July 2011 DELEGATED DECISIONS 25 MARCH 2014 AT 5.30 PM CONSERVATORY, CIVIC OFFICES SCHEDULE ITEM NO SUBJECT DECISION MAKER PAGE NO 1. Future Management of Councillor McLean 2 to 8 Medbourne Pavilion, Oakgrove (Cabinet member for Leisure Centre, The Pavilion at Corporate Services Woughton on the Green and Tattenhoe Pavilion 2. Proposed School Admissions Councillor Dransfield 9 to 42 Arrangements September 2015 (Cabinet member for Children’s Services and Lifelong Learning)) Notice of Intention to Hold the Meeting in Private That the public and press may be excluded from the meeting by virtue of Paragraph 1 (Potential Office Holder with the Authority) of Part 1 of Schedule 12A of the Local Government Act 1972 during consideration of the Annex to the report listed below. The Proper Officer of the Council has determined that the Annex should be considered in the absence of the public and press by virtue of Paragraph 1 (Potential Office Holder with the Authority) of Part 1 of Schedule 12A of the Local Government Act 1972, as disclosure would not be in the public interest. No representations have been received about why those matters referred to should be considered with the public and press present. 3. Appointment of Local Councillor Dransfield 43 to 45 Authority Representative (Cabinet member for Governors Children’s’ Services and Lifelong Learning) (1) Wards Affected: ITEM 1 DELEGATED DECSION ALL WARDS 25 MARCH 2014 FUTURE MANAGEMENT OF MEDBOURNE PAVILION, OAKGROVE LEISURE CENTRE, THE PAVILION AT WOUGHTON ON THE GREEN AND TATTENHOE PAVILION Authors: Paul Sanders (Assistant Director [Community Facilities]) Tel: (01908) 253639 Neil Hanley (Community Solutions Programme Manager) Tel (01908) 253632 Executive Summary: Following a Cabinet Procurement Committee decision in May 2013 extending the leisure management contract, four leisure facilities entered the Community Asset Transfer (CAT) programme: Medbourne Pavilion, Oakgrove Leisure centre, The Pavilion at Woughton on the Green and Tattenhoe Pavilion. In light of feedback received during Stage 1 consultations, this report proposes that Medbourne Pavilion continues through the CAT application process on a freehold basis; that Oakgrove Leisure Centre continues on the basis of a lease interest transfer, the Pavilion at Woughton on the Green be withdrawn from the programme and a Cabinet member is invited to consider whether Tattenhoe Pavilion should stay in the CAT programme. 1. Recommendation(s) 1.1 That Medbourne Pavilion continues through the Community Asset Transfer application process on a freehold basis. 1.2 That Oakgrove Leisure Centre continues through the Community Asset Transfer programme on the basis of a lease interest transfer. 1.3 That Woughton on the Green be withdrawn from the Community Asset Transfer programme. 1.4 That the Cabinet member be invited to consider whether Tattenhoe Pavilion should remain in the Community Asset Transfer programme. 2. Issues Background 2.1 In May 2013 Cabinet Procurement Committee gave approval to further extend the contract with Hertsmere Leisure Trust for the management of Medbourne Pavilion, Oakgrove Leisure Centre and Tattenhoe Pavilion for a period of up to 18 months from 30 April 2014. 2.2 This was to allow sufficient time for applications to be invited and assessed through the CAT programme for these three facilities, plus the Pavilion at Woughton on the Green which is currently managed by the Council. DD ITEM 1 25 MARCH 2014 PAGE 1 (2) Formal Consultation 2.3 During the month of July 2013 officers held public sessions for the four large leisure assets to: (a) Ensure that the aims of CAT have been understood and the expectation clearly outlined both for the applicants and other stakeholders. (b) Inform key parties what CAT freehold is about and the reasons for undertaking the programme. (c) Ensure there was an opportunity for all community parties who have an interest in any asset being transferred to highlight any concern/issues they might have at an early stage. 2.4 Other consultation activity included direct contact with clubs and users, contact with key stakeholders, such as ward members, parish councils, user groups, and posters in the localities as well as details being presented on the Council’s website and the CAT monthly e-bulletin. 2.5 From the 100 people/groups who engaged 138 responses and comments were received with 51 people attending the public sessions across all four venues and with assessment panels taking place in October 2013 (see Annex for a summary of feedback) Medbourne Pavilion and Oakgrove Leisure Centre 2.6 The feedback from the consultation sessions was positive and supportive of the assets continuing through the CAT programme from users, as well as local ward members. In the case of Medbourne there was clear support from the parish council. 2.7 Unlike Medbourne Pavilion, Oakgrove Leisure Centre will be offered as a lease interest transfer as the Council do not own this building. Oakgrove School are the landlords of this facility and it is envisaged that the Council will assign its lease to the successful applicant. The Pavilion at Woughton on the Green 2.8 With this facility there was resistance to progress down a CAT route. Parish councillors and ward members were seeking the type of protections that the CAT programme couldn’t provide. These protections included: (a) The operator must ensure that local and wider community use is maximised. (b) The facility must continue to be used for a variety of sports. (c) A means of ensuring that users are not disadvantaged by adverse pricing. (d) Arrangements for large events must ensure that adequate facilities for parking and vehicle marshalling, litter collection, toilet provision, crowd control and noise abatement are made. DD ITEM 1 25 MARCH 2014 PAGE 2 (3) (e) There should be a formal dispute resolution for local and borough interests. (f) A system of accountability to the local community. (g) A means of ensuring that future sub-contracting does not undermine community protections 2.9 Local community and user groups expressed strong concerns about progressing with CAT as protections would be lost. These concerns are summarised as follows: (a) The cricket team at the Pavilion at Woughton on the Green facility expressed concern that prices would be increased (b) The hockey club stated “the decision made to enter down the path of CAT is flawed. We after discussion with our national body and Sport England believe that the only proper course of action is for the facilities such as Woughton on the Green to be operated under a management contract.” (c) “How will our use be protected if there is no means by which times or prices can be protected for a particular sport” (d) “If any of the facility is no longer available will the Council replace it.” Tattenhoe Pavilion 2.10 The feedback from the community was not as comprehensive as the views received in respect of the Woughton on the Green facility. However concerns were raised by the local community and user groups and these are summarised as follows: (a) Priority for pitch bookings should be given to local football clubs before offering to the wider Milton Keynes area or beyond. (b) A wish to preserve use as a children’s centre (c) Concern from the football club about guaranteeing their bookings at the facility ”Our concerns are that we will be asked to leave the facility” (d) “Our main concern is protecting user groups” (e) “Reduced rates for youths using the facility” (f) “We are worried we’ll be asked to leave as this has happened before” (g) MK College wishes to continue coaching at Tattenhoe. (h) The pre-school group would like a secure outdoor play area at Tattenhoe. 2.11 The Parish Council has been very clear in its desire for the facility to progress through the CAT programme and this view is supported by one of the three Local Ward Members. DD ITEM 1 25 MARCH 2014 PAGE 3 (4) 3. Alternative Options 3.1 An option could be to transfer the four leisure assets down a CAT route under a 999 year lease. However the level of protection and controls is very limited. The reason for this is that the Council cannot specify a service and if it does then the Council has to commence a procurement process the Council’s and also where above a certain value advertise the opportunity in Europe. 3.2 All or some of the assets could be brought into direct Council management. 3.3 The assets could be sold at a commercial market rate with little future control by the Council. 4. Implications 4.1 Policy The applications seek to implement the Council’s approach to Community Asset Transfer toolkit which was adopted on 31 July 2012. The Milton Keynes Sport and Active Communities Strategy 2014 - 2024, clearly sets out the aspirations of the Council in ensuring that opportunities are presented to increase participation in sport and active recreation. One of the drivers to do this is ensuring the accessibility of sport and leisure facilities to the local community and with robust management structures in place. 4.2 Resources and Risk Asset Management Medbourne Community Sports Pavilion, the Pavilion at Woughton on the Green and Tattenhoe Sports Pavilion, could be transferred outside of the Council preferably under a freehold but possibly on a long term leasehold arrangement should the asset be successfully transferred under CAT. The Council has a 99 year lease of Oakgrove Leisure Centre which could be assigned. Revenue Provision and Risk The current subsidy to Medbourne Pavilion, Oakgrove Leisure Centre and Tattenhoe Pavilion is £142,867 per annum. The table below outlines the potential savings that could be made if each asset is transferred as highlighted in the Council’s Budget and Medium Term Financial Plan.
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