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Public Council Executive Former Polbeth Market

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Public Council Executive Former Polbeth Market DATA LABEL: PUBLIC COUNCIL EXECUTIVE FORMER POLBETH MARKET GARDEN REPORT BY HEAD OF OPERATIONAL SERVICES AND HEAD OF FINANCE AND ESTATES A. PURPOSE OF REPORT To seek executive approval to the lease of the former Market Garden at Polbeth to the Polbeth and West Calder Community Garden Group. B. RECOMMENDATION That the former Polbeth Market Garden is leased to the Polbeth and West Calder Community Garden Group for a period of three years at a rental of £1 per annum, including a condition that the Group produce an annual report on the community benefit accruing from their use of the property. C. SUMMARY OF IMPLICATIONS x Focusing on our customers' needs; I Council Values x being honest, open and accountable; x providing equality of opportunities; x making best use of our resources; x working in partnership II Policy and Legal (including Policy – West Lothian Allotment Strategy 2010; Strategic Environmental Framework For Consideration Of Community Assessment, Equality Asset Transfers 2011 Issues, Health or Risk Assessment) Legal - The Disposal of Land by Local Authorities (Scotland) Regulations 2010; Scottish Land Use Strategy 2011; Climate Change (Scotland) Act 2009. (The council is bound to act in the way considered most sustainable, to reduce carbon emissions and to adapt to climate change.) SEA; Equality; Health and Risk – None III Implications for Scheme of None Delegations to Officers IV Impact on performance and None performance Indicators 1 V Relevance to Single SOA 11: We have strong, resilient and Outcome Agreement supportive communities where people take responsibility for their actions and how they affect others SOA 12: We value and enjoy our built and natural environment and protect it and enhance it for future generations SOA 14: We reduce the global and local impact of our consumption and production VI Resources - (Financial, Lease of asset at less than market value Staffing and Property) The proposal was considered by the VII Consideration at PDSP Environment PDSP on 24 May 2012 when the panel endorsed the contents of the report and suggested that the former market garden be leased to the Polbeth and West Calder Community Garden Group subject to provision of the community benefit projections, and the matter be referred to the next Council Executive for approval. VIII Other consultations The Local Members have been provided with a copy of this paper for their information D. TERMS OF REPORT Background The former Polbeth Market Garden occupies an area of ground between Polbeth and West Calder, bordered by the A71 and the railway, as shown on the attached plan. The site was operated as a market garden by a registered charity until its funding ceased in the mid 2000’s. Apart from a short period when it was used by the Criminal Justice Service, the site has been unused since the charity folded. During this time there has been interest in the use of the property by local businesses, but the potential for a commercial use was rejected by the Council Executive during the Local Development Plan “Call for sites” process in June 2011. However, a part of the site may be needed to provide road improvements related to the West Livingston Core Development Area. During the Call for sites process a local voluntary group – the Polbeth and West Calder Community Garden (PWCCG) – submitted a proposal for the re-use of the property as a Community Garden. During the summer of 2011 PWCCG engaged with council officers to discuss their proposal, and were advised that a comprehensive business plan should be prepared. As part of those discussions, because of the perceived demand for allotments in the area, PWCCG were encouraged to consider the inclusion of allotments in their proposal. In the autumn of 2011 a local businessman, Ian Stewart, who operates privately run allotments at West Harburn, also approached the council about the use of the former Market garden site for allotments. The PWCCG and Mr Stewart were encouraged to cooperate to take the project forward, but have been unable to find a common purpose. As a result each party was asked to prepare and submit a detailed proposal for consideration. 2 Legislative and Policy context There are a number of items of legislation and council policy that impact on the proposals: Scottish Land Use Strategy 2011 This strategy foresees “a Scotland where we fully recognise, understand and value the importance of our land resources, and where our plans and decisions about land use deliver improved and enduring benefits, enhancing the wellbeing of our nation.” The Strategy has 10 defining principles, which are identified in the Appendix. The Disposal of Land by Local Authorities (Scotland) Regulations 2010 The Regulations allow local authorities to transfer assets at less than the best consideration reasonably obtainable (usually considered to be the market value of the asset) under certain specific circumstances. At its meeting in November 2011 the Council Executive approved a policy framework for Community Asset Transfer and the application of the regulations. Essentially applicants will have to demonstrate that they are properly constituted; have a robust business plan; and must demonstrate community benefit WLC Allotment Strategy This strategy was prepared in order to help address a growing need for allotments and to improve service delivery, by facilitating and enabling communities to actively manage and participate in allotment gardening. The main aims of the strategy are to assess local demand for allotments, to identify suitable areas of land for allotments and to present a plan for promoting and supporting the creation of constituted groups to take on the management of allotment sites. Polbeth and West Calder Community Garden PWCCG have presented a business plan for a three year period, and have asked for a lease of the whole area identified on the attached plan. Their business proposal is largely dependent on the availability of grant support and donations, totalling £48,000 over the three year period, and they have asked that the lease be at a nominal £1 rental. PWCCG recognise that the market garden site is ecologically diverse and that the area provides an important space for wild play and environmental education. Their vision for the garden is to “become a valuable and positive focal point for the area, providing a range of social, recreational, educational and environmental opportunities for individuals, groups and families in an accessible wildlife-rich setting”. They envisage working with and enhancing the current environment to promote health and wellbeing through a wide range of activities from organic gardening, conservation activities and biodiversity education to arts activities, cooking classes, vocational training, etc. as well as providing natural space to play and relax. However, they foresee that the site will develop gradually as the needs of the local community become apparent and as resources and funding become available 3 The group have sought local views about the site and how people would like to use it, through a variety of community engagement methods. Feedback so far suggests that people would prefer a shared space for spending time with their families, with opportunities for learning and sharing skills, with their own small starter plots, rather than taking on whole allotment plots themselves. Additional suggestions for the site include walking, cycling, picnics, BBQ and space for children to enjoy being in a natural environment. The group have established links with local individuals, groups, businesses and a variety of local educational establishments from nursery up to college level. In August 2011, PWCCG were one of 4 projects in Scotland to be awarded a grant of £5000 by the Scottish Community Foundation for their “Our Community Our Future” mentoring scheme in order to build the skills, confidence and capacity of the group and the community. Under the terms of the approved policy for Community Asset Transfer and the application of the Disposal of Land by Local Authorities (Scotland) Regulations, the council can only agree to a transfer at £1 per annum, if the applicant demonstrates a community benefit equivalent to the market value of the asset. For the PWCCG interest to be taken forward they will have to provide an assessment of the Social Return on Investment that will accrue from their proposals. Mr Ian Stewart Mr Stewart has asked for a five year lease, and is willing to pay an annual rent of £2000 for the first two years, and £4000 per annum thereafter. The reduced rent for the first two years is to reflect a financial commitment to bring the existing building and grounds up to a suitable standard. Mr Stewart intends to use the northern part of the site to create 30 allotments, retaining the fenced compound for use to stack hardwood timber for air drying. This use is believed to be related to his business activities at West Harburn. The third part of the site would be made available to local groups, who Mr Stewart indicates he will oversee and financially support, for the possible use as a community garden. Summary of Issues Each proposal is consistent with the provisions of the West Lothian Local Plan; would reinforce the countryside belt between Polbeth and West Calder, and reduce the possibility of coalescence. Both proposals are also consistent with the Scottish Land Use Strategy. The submission of competing interests means that the council will have to decide between the two. However, should members decide to support the proposal from the PWCCG the provisions of the policy for Community Asset Transfer will have to be considered. A rent at less than market value may only be agreed if the where an applicant can demonstrate that there is a broader public benefit, through the Social Return on Investment. The proposals were considered by the Environment PDSP at their meeting on 24 May.
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