BLAENAU GWENT COUNTY BOROUGH COUNCIL

LEADER AND MEMBERS OF THE EXECUTIVE Report to COMMITTEE

ANEURIN L EI SURE TRUST SERVICE SCOPE Report Subject RETURN OF HERITAGE SERVICE BACK TO COUNCIL CONTROL

Report Author DAVID WATKINS

Report date 11 th FEBRUARY 2016

Directorate ENVIRONMENT & REGENERATION

Portfolio ACTIVE LIVING

Date of meeting 16 th March 2016

Date signed off by Monitoring Officer 28 th February 2016

Date signed off by Section 151 Officer 29 th February 2016

Date signed off by Chair 29 th February 2016

Key words ANEURIN LEISURE TRUST / HERITAGE/SERVICE SCOPE

COUNTY BOROUGH OF

Summary Report

1.0 PURPOSE OF REPORT

1.1 The purpose of the report is for the Executive Committee to approve the reduction of the scope of services transferred to Aneurin Leisure Trust.

2.0 SCOPE OF THE REPORT

The Leisure Trust for Blaenau Gwent was formed on 1st October 2014, where a number of services were declared as in scope to be transferred and managed by the newly established Trust.

2.4 Aneurin Leisure Trust has now submitted a Change Request (Appendix 1) for the Heritage Sites and Heritage Urban Conservation Service, which was transferred into the Trust on 1 st October 2014, to be returned back to Council control.

3.0 RECOMMENDATIONS FOR CONSIDERATION

3.1 It is, therefore, recommended that the Executive approves the following: • The scope of the services operated by Aneurin Leisure Trust is reduced and Heritage Sites and Heritage Urban Conservation are returned back to Council control with effect from the 1 st April 2016.

Why this topic is a priority for the Council?* Single Corporate Performance Operating Transforming Other Integrated Improvement Management Model Blaenau Gwent (please Plan (SIP) Plan (CIP) Improvement (TBG state) Framework Programme) (PMIF) √

Reporting Pathway Directorate Corporate Audit Scrutiny Exec Coun Other (please Management Management cil state) Team (DMT) Team (CMT) Leisure Trust √ √ 16/03/2016 √ Management Board

Detailed Report

1.0 BACKGROUND AND CONTEXT

1.1 A report on alternative service delivery was presented to the Executive in March 2014, recommending that the Executive Committee approve the business case to establish a Trust/Non Profit Distributing Organisation (N.P.D.O.) for Leisure Services.

1.2 Aneurin Leisure Trust (ALT) (then known as “Life Leisure Trust”) was established for Blaenau Gwent and was operational from 1st October 2014, and a number of services were declared as in scope to be transferred and managed by the newly established Trust, these services included the following;

− Adult and Learning; − Arts Development and Venues (Metropole/Beaufort Ballroom); − Community Centre; − Heritage Sites and Heritage Urban Conservation; − Libraries; − Sport and Active Living; − Parc Bryn Bach; − Bedwellty House and Park; and, − Sports Centres (EVSC, ASC, TSC).

1.3 A number of legal documents were established for the new organisation including a Funding and Management Agreement. This agreement sets out the terms and conditions that were agreed between both parties, the Trust and the Council.

1.4 In line with the Funding and Management Agreement (clause 10) Aneurin Leisure Trust has submitted a service Change Control Note (CC10) (Appendix 1) request to reduce the scope of services being managed by the Leisure Trust, in this case for the Heritage and Heritage Urban Conservation Services, and the proposal is that this element of service be returned back to Council control.

1.5 Heritage Services encompasses a number of sites, provides a service to local groups and a service directly to the council’s planning section.

1.6 Heritage Services is responsible for a number of heritage sites within Blaenau Gwent including:

• Ironworks ; • St Illtyds Church ; and • Roundhouse Towers Car Park .

1.7 The Trust employs one Heritage Officer who has unique knowledge and skills relating to Heritage issues, is an accomplished Welsh speaker and a fully qualified translator. The officer also provides an advisory service to the Council in line with the council’s statutory planning process.

1.8 The Heritage Service works closely with the museums in Brynmawr, Abertillery, , and Tredegar and provides curatorial advice to all of them, also supporting grant applications and assisting museums in obtaining accreditation where required.

1.9 The Leisure Trust has indicated that the Heritage Services and locally important Heritage Assets do not fit strategically within the Leisure Trust’s business operating model and furthermore, the Trust does not have the technical knowledge or funds available to invest into repairing and maintaining the heritage sites. So, in order to preserve the significance of Heritage Services for the benefit of the community, the Trust has requested that the services be transferred back to Council control.

1,10 Officers have now considered the request from the Trust and a report related to Heritage Services was considered by Corporate Management Team (CMT) on Tuesday 26 th January 2016, where it was approved that a report be presented to the Executive Committee with respect to the scope of services managed by the Leisure Trust for consideration.

1.11 It is therefore proposed that the Heritage Services are returned back to Council control with effect from the 1 st April 2016 and the management fee to the Trust is reduced accordingly.

1.12 Following discussion with officers in the Council’s Planning Section it has become clear that the heritage service areas would be extremely beneficial in supporting the planning process of the

Council, also continuing to support local community groups and manage the heritage sites which Blaenau Gwent has to offer.

1.13 The Circuit of project (CoW) will have a major impact on the planning department over the next two years especially heritage related issues. There will be an essential requirement in providing a watching brief on site for the CoW project, as there has been over one hundred historic sites uncovered in the approved planning area as well as the identified Scheduled Ancient Monuments. This would also provide an opportunity, whilst the officer is on site, to act as the Council’s Planning Compliance Officer (LPA) ensuring everything is being undertaken in line with planning requirements.

2.0 Options for Consideration

2.1. Option 1

2.1.1 The scope of services managed by the Leisure Trust is considered and that Heritage Services are returned back to Council control to include Heritage Sites and Heritage Urban Conservation. One member of staff would TUPE back to the Council.

2.2 Option 2

2.2.1 Advise the Leisure Trust that the council has considered their request and decided that the Heritage Service including the Assets are to remain within the Leisure Trust and be managed accordingly in line with the Funding and Management Agreement.

3.0 PERFORMANCE EVIDENCE AND INFORMATION

3.1 The Heritage Service has generated approximately £6,000 in income for the 2015/16 financial period through delivering heritage talks and walks programmes and there is scope to extend this programme and increase income opportunities.

3.2 The Heritage Service track record of assisting in securing external funding has been very good and includes the following projects: • Nantyglo Roundhouses Project Development - £150k • Abertillery Museum - £340k; • Bedwellty House - £3.6 million; • Access to Heritage - £250k; and

• Tredegar Town Centre Heritage Initiative £1.5 million.

3.3 Additionally the service provides for curatorial advice to the five community run museums in Blaenau Gwent supporting 4 out of the 5 museums through their museum accreditation.

3.4 The Heritage Service would be required to screen over an estimated 600 planning applications/enquiries per year.

4.0 IMPACT ASSESSMENT AGAINST PROPOSALS/OPTIONS

4.1 The impact against each option is as follows:

4.1.1 Option 1- this option would have little impact on service provision and would support the council with meeting its obligations with respect to planning matters and the Welsh Language Act, it may also deliver some financial savings for the council in 2016/17.

4.1.2 Option 2 – this option would see the Heritage Service continue to be managed in its current format by the Leisure Trust, no financial savings will be achieved by the council or the trust, however additional costs will be incurred by the council to meet future demands for planning applications and monitoring, and the Welsh Language Act.

5.0 FINANCIAL IMPLICATIONS

5.1 The Council’s budget at the time of transfer and included in the Funding and Management Agreement for Heritage Services is as follows;

• Heritage Sites & Urban Conservation -£5,390 (the budget included a £10,000 income target). • Heritage Officer £42,390.

5.2 Option 1 - The management fee to the Trust would be reduced in line with the above and the budget ring-fenced for the Heritage Service.

5.3 Option 2- Costs would remain the same and remain with the Trust.

5.4 The future maintenance and upkeep of the heritage assets being

returned to the Council will become the responsibility of Corporate Landlord.

6.0 RISK IMPLICATIONS

6.1 There is a risk that the council will not fulfil its statutory planning duty should the Heritage Service not return to Council control.

6.2 There is a risk of losing external funding opportunities i.e. Heritage funding.

6.3 Essential curatorial support for local community managed museum groups could be lost should the Trust realign the officers duties and responsibilities.

6.4 Corporate Landlord budget could be put under further financial pressure.

7.0 STAFFING/WORKFORCE DEVELOPMENT IMPLICATIONS

7.1 Should the Heritage Services return to Council control as identified in option 1, then this would create a TUPE situation and the employee would need to be transferred back to the Council’s establishment list. Under this option it is proposed that the officer would be placed within the Planning Section on his current grade (scale 8) to be managed by the Service Manager - Development.

8.0 CONCLUSION

8.1. It is evident that the return of the Heritage Services back to Council control would undoubtedly benefit the Council from a statutory planning and the Welsh Language Act perspective.

8.2 The service would also continue the essential work undertaken with local community groups and deliver the actions as laid out in the Council’s Heritage Strategy bring heritage to life across the County Borough.

Appendix 1

CHANGE CONTROL NOTE (CCN) Trust CCN NO : 2015/16 [CC10] Authority REF NO: CCN TITLE: Transfer of the Heritage Service back to the Authority from 01 st April 2016.

Implementation Date: 1 st April 2016 Expiry Date of CCN:

DCCN raised by: Anthony Hughes Date: 2nd February 2016

Emergency Implementation Date: n/a

Submission Date: Response Date: 2nd February 2016 16 th February 2016 Approvals (including Signature): Trust: Anthony Hughes Authority In line with the recommendation of:

Date: Date: Reason for Change:

Aneurin Leisure is proposing to transfer the Heritage Service, including the Heritage Officer and three facilities, namely Sirhowy Ironworks, St. Illtyd’s Church and Nantyglo Roundhouses Car Park, back to the Authority from 01st April 2016.

The Trust are currently trying to “rightsize” the business by reducing the scope of the Trust and focussing on its core activities. Moving forward the Trust will not have the ability to invest in the aforementioned heritage assets, which are of importance to the local community, as other areas will need to be prioritised to sustain the business.

The Heritage Service would be best positioned within the Council to deal with work associated with the Circuit of Wales development project.

Details of Change:

• The Heritage Officer post will transfer back to the Council under TUPE and will be based at a location of the Council’s choice . • The three facilities, namely Sirhowy Ironworks, St. Illtyd’s Church and Nantyglo Roundhouses Car Park will all revert back to the Authority by the 01 st April 2016.

• The annual pay costs of this officer will be deducted from the annual Management Fee.

Executive summary of impact assessments : n/a Overall impact assessments: Low Proposed revision to wording of Agreement: n/a Costs to Authority:

Change Control Charges:

As a result of the changes highlighted in the “details of change” section, the following change control development costs, non-recurring costs and ongoing costs will be incurred by the Authority:

i) The change control development costs are :

Description Change Rate Total Costs n/a

ii) Nonrecurrent costs are:

Description Change Rate Total Costs n/a

Total non recurring costs iii) Ongoing monthly costs are:

Description Change Rate Total Costs n/a

The day rate is based on a 7.5 hour day. It does not take into account any overtime which may be incurred, which will be charged for separately, where it has been agreed with the Authority beforehand.

The costs presented are indicative estimates only, exclusive of VAT, and the actual cost outturns may be higher or lower than these estimates. All activities will be billed for on an actual time and materials basis.

Financial Impact on Service Level Agreement (SLA): n/a

Financial Impact on Management Fee: (Including date of incorporation into fixed price)

• On the condition that the transfer of services is completed by the 31 st March 2016, the Council will reduce the annual Management Fee by a one-off annual amount of £42,336 from the 01 st April 2016.

• If the transfer of the Heritage service to the Authority is not completed by the 01 st April 2016, the reduction in the Management Fee will be pro-rated according to the date that the transfer is finalised.

• No other reductions to the Management Fee are permitted without written agreement from the Trust.

Trigger Event: No Acceptance/Implementation timetable: No later than 1st April 2016 .

Impact Summary (Impacts on Agreement and Services) Deliverables: Personnel: Existing Timetable: Implementation Plans: Transfer to take place as of 01 st April 2016 Security:

Risk: LOW ID Description/Impact Mitigation R1

System Support: n/a System Management: n/a Standards: n/a Accommodation / Location: The post will be based at a location of the Council’s choice. Documentation: As described in ‘DETAILS OF CHANGE’ section within DCCN. Charges / Charging Mechanism: n/a

Service Delivery Criteria: n/a Service Levels: n/a Authority’s Responsibilities:

• The Council agree to the transfer of the Heritage Service, the Heritage Officer

and the Heritage Assets by the 01 st April 2016.

• The Council will reduce the annual management fee by a single one-off amount of £42,336 on the 1st April 2016 on the condition that the full transfer of the service has been completed by the stipulated date.

Contractual Issues: n/a Other: n/a