Copyright 2007 Elmbridge Borough Council

Agenda item: 4

Committee: Community Affairs Overview and Scrutiny Committee

Date of meeting: 16 January 2007

Subject: Boat Club - Tank Lead Officer: Strategic Director - Services [Head of Leisure and Cultural Services] Portfolio Holder: Cllr B.J.F. Cheyne Policy/budget ref: LC1 Exempt information: None Delegated status: For recommendation to Cabinet on 8 February 2007 and for resolution by Council on 21 February 2007

EXECUTIVE SUMMARY:

At its meeting on 7 March 2006, members supported in principle a proposal from Molesey Boat club to construct an indoor rowing tank on the land behind their current clubhouse. The proposal from Molesey Boat Club is to accommodate the new rowing tank facility on the land to the rear of their clubhouse, and transfer the storage of their boats onto the adjacent open space owned by the council by means of a 25 year lease. In consultation with local ward councilors, it is proposed to improve and relocate the children’s play area to a different part of the same site, utilizing contributions from the boat club, and local S106 monies.

RECOMMENDATION:

A) THAT MEMBERS RECOMMEND THAT THE LAND IS LEASED TO MOLESEY BOAT CLUB ON THE HEADS OF TERMS PROPOSED IN THE REPORT;

B) THAT MEMBERS SUPPORT THE RELOCATION OF THE CHILDREN’S PLAY AREA AS DETAILED IN THE REPORT; AND

C) THAT MEMBERS AGREE TO THE USE OF THE SECTION 106 MONEY FROM MOLESEY PRECINCT TO IMPROVE THE PLAY FACILITIES AT GRABURN WAY

REPORT:

1. Background

1.1 Members will recall that the approved facility mix for the replacement leisure facility at Waterside Drive did not include provision for a new rowing tank. This decision was taken based on the average annual usage for the rowing facility which was:

2001/2 - 1,741 2002/3 - 1,649 2003/4 - 1,354

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1.2 However, members did resolve that Officers should work with all rowing clubs in the Borough to explore options for a replacement rowing tank facility to be located elsewhere in Elmbridge. It was intended that Officers would support the rowing clubs’ in preparing a Lottery application for external funding for a new rowing tank facility. No commitment was given by the Council that there would be any capital funding provided to support such a scheme.

1.3 An initial meeting was held with all local rowing clubs in the Borough to discuss the rowing tank, however only Molesey Boat club were consistent in expressing their need for an indoor rowing tank.

1.4 At its meeting on 7 March 2006, members supported in principle a proposal from Molesey Boat club to construct an indoor rowing on the land behind their current clubhouse and authorised officers to discuss this matter further with the boat club and report to a future meeting of the committee.

2. Proposal from Molesey Boat Club

2.1 Molesey Boat Club has proposed that the ideal location for a new rowing tank facility would be at their facility itself. The Club are very active and have a historical tradition of rowing training, which has led to success on many stages of competition.

2.2 However the site of the existing Molesey Boat Club is limited and there is no surplus land to construct a new rowing tank and still provide land for storage of their boats. The Club has been a victim of its own success to a great extent as they have expanded their membership due to the club’s popularity but this of course in turn has led to a greater requirement for storage space for more boats.

2.3 The Club has identified part of the adjoining Graburn Way public open space (owned by Elmbridge BC) to store club boats so that the Club would be in a position to construct a rowing tank behind the existing clubhouse (appendix A). This extension of the rowing club land, coupled with an upstream extension of the landing stage, would create a significant overall enhancement of space and facility that would enable the club to continue to expand over the coming years.

2.4 Following consultation with CC and the Planning Division, the 17 additional car parking spaces that were identified on the original plan have been removed altogether, as it is deemed that there will be sufficient car parking available on Graburn Way and in the existing car park in Hurst Meadows. Car parking will be reviewed 2 years after the rowing tank opens, and if there is a need, further investigation will take place over the extension of the Hurst Meadows car park at the expense of the boat club.

2.5 The area of land requested by the boat club has been reduced following the removal of the car parking, with the same amount of land required for the storage of boats being reflected on the diagram at Appendix ‘A’.

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2.6 The proposed land transfer will enable the club to develop the new rowing tank facility, and ensure there is sufficient space on site for the storage of boats, allowing for expansion of youth and adult sections at the current rate.

2.7 The table below highlights how Molesey Boat Club would use the new land for boat storage, including the amount of boats displaced by the new facility, and how much land is requested for future expansion at current rates.

Single Double sculling Boats Capacity boats capacity Requested Land 100 40 Displaced by Rowing Tank 67 20 Diff (to allow for current 33 20 rate of growth)

2.8 The land requested for transfer currently houses a children’s playground, which was last refurbished in 1997 and is due for refurbishment in the current capital programme in 2013/14.

2.9 The boat club has indicated that they have received a price from within the club for moving the playground at a cost of £5000. Members will be aware that an indicative cost from our existing supplier for the transfer of the playground is £10,500. Suitability of the contractor in question will need to be confirmed before the amount can be finalised.

3. Consultation with Ward Councillors

3.1 A meeting was held on Wednesday 15 November 2006 and was attended by Councillors Cooper, Axton, Burgess and Councillor Cheyne as the Portfolio Holder for Leisure and Culture.

3.2 Members discussed the proposal from Molesey Boat Club and were in principle supportive of a new rowing tank. There was also recognition of the invaluable contribution that Molesey Boat Club make to the Borough.

3.3 Members expressed a concern that in the event of the transfer of land, an improvement was required to the remaining open space, to incorporate an improved children’s play area for the local community.

4. Children’s Play Area

4.1 In consultation with the local ward Councilors it is proposed that the children’s play area is relocated within the site to the area identified on Appendix ‘A’. In addition improvements will be made by providing new equipment mainly constructed from timber and the area of the play area will be increased.

4.2 Members were also generally supportive of the shelter on the site being removed in favour of a more modern shelter, to be sympathetically sited.

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4.3 The final design of the improved play area will be drawn up in consultation with local ward councilors as a part of the formal tender process.

4.4 As highlighted in paragraph 2.9, Molesey Boat Club is prepared to provide £5,000 towards the relocation of the children’s play area. In addition there is £18,000 of S106 funding available from the Molesey Precinct, which could be made available to the project.

4.5 Remaining monies for the improved children’s play area could be found by amending the schedule for the Children’s Play Area Rolling Capital Programme. Graburn Way is due for refurbishment in 2013/14, however could be brought forward to coincide with the development of the Rowing Tank.

4.6 Approximate costings (£,000’s)

Playground £40.0 Shelter £2.5 Seats\ Litter bins £1.2 Arbor work £1.5 Hedge\ post\ paths £3.0 Contingency £5.0 Total £53.2 MBC contribution £5.0* S106 contribution £18.0 Remaining £30.2 *subject to confirming price for moving play area,

5. Planning Issues

5.1 Planning permission for the construction of the rowing tank, and change of use of part of the open space for boat club purposes including parking and outdoor storage space was granted in August 2006. In determining the application, the North Area Planning Sub Committee was concerned at the amount of the currently open recreation space that would be used for parking and boat storage. Consequently, in order to reduce the amount of open space lost, a condition was attached to the planning permission requiring revised parking and storage arrangements on a smaller area of land. Details pursuant to this condition have subsequently been agreed incorporating the removal of the previously proposed parking allowing a smaller area of the open space to be used for boat storage.

5.2 In granting planning permission the Sub Committee concluded that the proposal would not affect the main area of open space within Hurst Park and the harm to the openness and function of the whole of the open space would be limited and not such to justify refusal particularly when balanced against the benefits resulting from the enhancement of the recreational facilities including the provision of the row tank facility.

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6. Legal Issues

6.1 At the meeting of the Community Affairs Overview and Scrutiny Committee, members expressed their preference to the site being offered to Molesey Boat Club on a lease agreement instead of transferring the land.

6.2 In discussion with the Estates and Valuation Officer, and Portfolio Holder for Leisure and Culture It is proposed that the terms of the lease are for a twenty five year ground lease at an annual rental of £750. Molesey Boat Club will be responsible for the Council's reasonable legal fees in preparing the lease.

6.3 However, under the "General Disposal Consent () 2003-Disposals at less than best consideration" a local authority has the freedom to dispose of an interest in land at less than best consideration if the purpose for which the land is let (or sold) is likely to contribute to the improvement of the economic, social and environmental well being of part (or whole) of the Borough.

6.4 In the event that the development of the indoor rowing tank does not proceed the land would be returned to the council.

6.5 The land of interest to the Club was gifted to the former UDC on 1st September 1953, the land being subject to restrictive covenants in a conveyance dated 12th August 1956. These seek to restrict buildings being erected on the site. Should a future scheme for use of the site involve the construction of new buildings it would be necessary to obtain a Restrictive Covenant Indemnity Policy

6.6 The Deed of Gift to the Council dated 1 September 1953 contains a recital to use as Public Gardens and as a playground for small children. However, the restrictive covenants imposed on the Council are contained in Conveyance to the Donor dated 12 August 1946. In essence there is a restriction on building without consent.

Previous breaches of the covenants (erection of clubhouse 1979 and provision of car parking spaces 1987) were covered by a restrictive covenant indemnity policy.

The disposal by way of a freehold or a lease exceeding 7 years must be advertised in a local newspaper and provide for objections to be made.

Financial implications: As identified within the report.

Environmental implications: As identified within the report.

Legal implications: The land in question would required to be advertised under s123 Local Government Act 1972 as a disposal of open space.

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Equality implications: None for the purposes of this report

Risk Management implications: None for the purposes of this report

Community Safety implications: Through provision of an additional leisure facility, possible diversionary activities may be considered in the future.

Background papers: Community Affairs Overview and Scrutiny 7 March 2006- held in Committee Section.

Enclosures/Appendices: Appendix ‘A’ Site plan Graburn Way

Contact details: Ian Burrows Head of Leisure and Cultural Services 01372 474572 [email protected]

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