ITEM 1 Wards Affected: DELEGATED DECISION and 15 JANUARY 2019 StantonburyTattenhoe

MILTON KEYNES COUNCIL OWNED PLAY AREAS AND ASSOCIATED LANDSCAPING IN SHENLEY BROOK END AND TATTENHOE: TRANSFER TO SHENLEY BROOK END AND TATTENHOE PARISH COUNCIL Responsible Cabinet Member: Councillor Priestley – Cabinet member for Economic Growth and Community Partnerships Report Sponsor: Neil Sainsbury, Head of Placemaking (01908) 252708

Author and contact: Neil Hanley, Community Solutions Programme Manager Tel (01908) 253632

Executive Summary: It is proposed that MK Council owned Play Areas and Associated Landscaping in Shenley Brook End and Tattenhoe (as outlined in the attached Annexes) is transferred to Shenley Brook End and Tattenhoe Parish Council under the Council’s Community Asset Transfer (CAT) Programme. It is intended that this future arrangement will, under the Leadership of Shenley Brook End and Tattenhoe Parish Council, continue to provide improved high quality provision of various leisure and community activities for the people of Shenley Brook End and Tattenhoe and the wider into the future.

1. Recommendation(s)

1.1 That the freehold ownership of the sites, as detailed in the attached Annexes (Annex A (Package A2), Annex B (Package A3), Annex C (Package A4) and Annex D (Package A1)) comprising Milton Keynes Council owned play areas in Shenley Brook End and Tattenhoe be transferred to Shenley Brook End and Tattenhoe Parish Council. 1.2 That it be noted that Shenley Brook End and Tattenhoe Parish Council will be responsible for the maintenance of the play areas and any associated landscaping requirements following the freehold transfer. 2. Issues

Background 2.1 CAT is part of a Council-wide change programme and comes under the Council’s Strategic Board which considers Land, Property, and Facilities Management.

15 January 2019

2.2 The Toolkit: ‘Milton Keynes Council’s Approach to Community Asset Transfer’, (refreshed and adopted by Cabinet in February 2017) Through the application process and subsequent assessment panel, SBETPC demonstrated that they met the criteria in terms of being a locally run, locally controlled, non-profit distributing, inclusive, and democratic organisation. Their business plan submission clearly demonstrated that as an organisation they meet the requirements of the CAT programme for freehold transfer, and in the opinion of the relevant officers they have the required levels of experience of delivering services to the local community. 2.3 The Council owns the freehold of 23 of the 44 play area sites in Shenley Brook End and Tattenhoe, as shown in Annexes A to D. 2.4 It is worth noting that local interest in asset has in part led to the inclusion in the CAT programme. (Shenley Brook End and Tattenhoe Parish Council Expression of Interest received on 12 December 2016) A report was taken to the Strategic Property and Facilities Management Board on 17 January 2018 to explore the issues and options available consideration of these the Board subsequently approved that the MK Council owned Play Areas and associated landscaping to be considered suitable for the CAT programme. Approval was given to enter this asset into the CAT programme at a delegated decision on 27 March 2018. 2.5 Shenley Brook End and Tattenhoe Parish Council has provided this statement from their business plan: “The Council agreed unanimously that in order to preserve the play areas to keep them maintained and equipment replaced when necessary that this was a service that the council feel would be of great benefit to the community.” 2.6 In their business plan, SBETPC sets out a firm commitment going forwards as follows: “The Parish Council feels that the play areas are a fundamental component of bringing the community together and therefore it is vital that these areas remain in place. it already has the staff in place to carry out the day to day maintenance of the play areas and have also over the last two years included a budget within the precept to cover cost and maintenance which have to date been ear marked in reserves for future expenditure.” 2.7 It is proposed to transfer the site, for the sum of £1, subject to restrictive covenants, claw-back and a right of pre-emption to protect the Council’s interests in ensuring that the asset continues to be used for community- oriented purposes. The Council is able to transfer the properties at less than best value through the use of the well-being powers contained in the General Disposal Consent 2003 mentioned below, which allows for such a disposal where it benefits the economic, social, or environmental well-being where the undervalue is up to a maximum of £2 million. The play areas sites have been valued at less than £2 million.

15 January 2019

3. Options

Option 1 - Do Nothing This option would be for the Council, as freehold owner, to continue taking landlord- related responsibility for its Play Areas, its liabilities and relevant investment in the future. However, this does not recognise the value of ‘Localism’ enabling local community partners to take more responsibility for local assets and to empower these new arrangements with organisations that may be best-placed to achieve this. Option 2 - Community Asset Transfer (this is the preferred option) Transfer Freehold via CAT programme to Shenley Brook End and Tattenhoe Parish Council 4. Implications

4.1 Policy The Council’s approach to Community Asset Transfer was refreshed and formally adopted on 9 November 9 2015 following a Cabinet decision. The objectives of the programme are firmly embodied within the current version of the Council Plan (2016-2020). ‘…We want to engage our communities…maximise social value; promote community based solutions and innovate new ways to deliver services people value…’ 4.2 Resources and Risk By taking a delegated decision on each asset(s) entering the programme, which sets out an assessment of the appropriateness, then the formal consultation process embedded within the CAT toolkit provides the assurance that all stakeholders, users and members are informed. Future Savings of £29,000 for play areas and landscape are anticipated relating to the potential transfer of all 23 Council owned play areas in Shenley Brook End and Tattenhoe. By undertaking this transfer of Council owned sites there will be a reduced future capital liability for the Council for the replacement of worn out and damaged equipment.

Capital Y Revenue N Accommodation Y N IT Y Medium Term Y Asset Plan Management

4.3 Carbon and Energy Management No impact.

15 January 2019

4.4 Legal The Council has general powers of competence under section 1 of the Localism Act 2011 to do anything that an individual can do subject to statutory limitations. CAT transfers are for a nominal price of £1 or nil. Under section 123 of the Local Government Act 1972 the Council is required to obtain the best price reasonably obtainable where transferring ownership of property. Under the General Disposal Consent 2003, the Council may dispose of property for less where (in general terms) to do so benefits the residents of the Borough, and the under value is less than £2 million without the need to seek specific consent of the Secretary of State. In each case where property is transferred for less than market value it is necessary for the Council to be satisfied that this does not amount to State Aid. The proposed transfer is intended for continued use of the Sites as play areas. Relevant restrictive covenants, clawbacks and pre-emption provisions are proposed to be included in the transfer. There are statutory requirements on the disposal of Public Open Space. The Council will need to advertise its intention to transfer in a local newspaper for two consecutive weeks and to consider any objections received (sections 123(2A) and 127(3), Local Government Act 1972; section 233(4), Town and Country Planning Act 1990) It is recommended that this is done before the final decision to transfer is taken so that the Council can demonstrate due consideration of any representations received. It should also be noted that the Council has two contracts which are relevant to the play area sites proposed to be included under the CAT programme as above i.e. the play area contract which is for maintenance and inspection of the play areas and the landscaping contract both of which are with the same contractor. Any transfer under the CAT process as above will therefore need to ensure that it is within the permits of the contractual provisions. Other implications such as potential application of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) will also need to be factored in. A relevant transfer is set out under Regulation 3 of TUPE, which states that, a transfer of an undertaking, business or part of an undertaking or business immediately before the transfer in the to another person whether there is a transfer of an economic entity which retains its identity. An asset transfer is unlikely to be caught under TUPE due to the fact that there is a change of identity, in this case ownership, which would not fulfil the relevant transfer test. 4.5 Other Implications As an integral part of each transfer arrangement an Equalities Impact Assessment has been completed (available on request).

15 January 2019

The CAT programme is promoted on the Council’s web link applications.

Y Equalities/Diversity N Sustainability N Human Rights

Y E-Government Y Stakeholders N Crime and Disorder

Background Papers: Cabinet Decision - 9 November 2015; A strategic review of the CAT programme and Way forward for the future http://milton-keynes.cmis.uk.com/milton-keynes/9November 2015 Cabinet Meeting Delegated Decision Report 7 February 2017: Open Spaces and Play Areas Transfer to Parish/Town Councils via the CAT Programme. http://milton-keynes.cmis.uk.com/milton- keynes/Delegated Decision 7 February 2017

Annexes: Annex A (Package A2) Annex B (Package A3) Annex C (Package A4) Annex D (Package A1)

15 January 2019