Agenda Item No
The Vale of Glamorgan Council
Cabinet Meeting: 29th February, 2012
Report of the Cabinet Member for Visible and Building Services
Construction and Adoption of New Concrete Slipway on the Ogmore by Sea, Foreshore
Purpose of the Report
1. To seek approval of Cabinet to construct and, to take full possession and future maintenance liability for, a new concrete slipway on the foreshore adjacent to the Council’s existing Lifeguard Building at Ogmore by Sea.
1. That the Director of Environmental and Economic Regeneration, in consultation with the Cabinet Member for Visible and Building Services, be authorised to enter into an Agreement with the Pen-y-Bont Lifesavers Club to fund the construction works to the required standards.
2. That, subject to the conclusion of recommendation 1, the Director of Legal, Public Protection and Housing Services in consultation with the Director of Finance ICT and Property and the Cabinet Member for Visible and Building Services be authorised to enter into an appropriate lease with Dunraven Estates in respect to the land upon which the slipway will be located.
3. That the Council's Highway construction team be authorised to undertake the construction of the new concrete slipway in consultation with the Lifesaving Club.
4. That a £10k grant request by Pen-y-Bont Surf Lifesavers Club towards the cost of the slipway be approved and funded from the Council's 'Small Grants Fund'.
Reasons for the Recommendations
1. To ensure that a sufficient guarantee of payment is in place.
2. To ensure that suitable terms and conditions are agreed with Dunraven Estates with regards the construction and future ownership of the slipway.
3. To allow the slipway to be built to a standard acceptable to the Council and for the Council to receive payment from the Pen-y-Bont Surf Lifesavers Club for the full costs of the construction works.
4. To assist the Pen-y-Bont Surf Lifesavers Club in funding the construction of the proposed slipway.
2. Whilst the Council provides a discretionary Lifeguard service during the summer period on Ogmore by Sea beach and owns the Lifeguard Building, (presently leased to the Pen-y-Bont Surf Lifesavers Club), the foreshore and the beach itself is in the ownership of Dunraven Estates. This included the concrete slipways which were, until a few years ago, sited on the Ogmore by Sea Beach immediately adjacent to the Lifeguard Building and Council controlled car parking area.
3. In 2008, following complaints and possible claims for damages due to the deteriorating condition of the single remaining fully operational slipway, a land ownership search was conducted which revealed that this slipway, and the other disused slipway nearby, were in the ownership of Dunraven Estates.
4. While Dunraven Estates' Agents always maintained that the slipways were the responsibility of the Former Pen-y-Bont District Council they were ultimately removed by them on public safety grounds. All structures were removed apart from a small section located between the beach and the car park at the northern end.
5. The removal of the last working slipway was unpopular with beach users and the Pen-y-Bont Surf Lifesavers Club. The Club have consequently worked hard over recent years to obtain grant aid to build a new slipway facility.
Relevant Issues and Options
6. Pen-Y-Bont Surf Lifesavers Club have now managed to raise funds in part, to replace the former slipway and have requested that the Council construct and take legal ownership of the new facility on the same footprint as the old one. The Pen-Y-Bont Surf Lifesavers Club has also obtained consent from the Countryside Council for Wales (CCW) to carry out the works, and in addition have consulted with other environmental bodies on the construction. The works will require additional funding of £10k from the Council's 'Small Grants Fund'.
7. Dunraven Estates have agreed to grant a 999 year lease to the Council, at a peppercorn rent, to enable the Council to construct, and to take responsibility for a new slipway.
8. Dunraven Estates have also specified that their offer is conditional on the following:
· The remnants of the structure now uncovered on the beach at the northern end of the car park and a “square frame” structure suspended on the bank towards the northern end to be removed at the cost of the Council.
· That the Council provide an assurance that if the slipway at Southerndown is renewed to a similar standard as the one at Ogmore then the same arrangement will apply regarding the Council entering into an appropriate lease on similar terms to the Ogmore slipway.
· There needs to be provision relating to the construction where the Council will adopt it and take responsibility for its future maintenance.
9. As the Slipway will be constructed by the Council’s own Highway Construction staff the design and specification of the slipway will be to the Council’s satisfaction and this should address the adoption and maintenance aspects of the lease offer.
Resource Implications (Financial and Employment and Climate Change, if appropriate)
10. The Pen-y-Bont Lifesavers Club have advised that £80k will be available for the construction of the new slipway. This figure includes a contribution of £10k from the Council's 'Small Grants Fund'. If the cost is lower than £80k then less will be drawn from theCouncil's 'Small Grants Fund'. However if the final cost exceeds £80k the overspend will be met from Waste Management and Cleansing budgets.
11. All construction cost for the slipway will be met from this funding and there will be no direct budget implications for the Council of the construction works. There will be an estimated cost to the Council of £5k for the removal and disposal of the existing structure that is suspended on the bank towards the northern end of the beach, though this will be covered within the construction contract costs. Provision has been made within existing Waste Management & Cleansing Revenue budgets to cover the cost of removal of the existing structure.
12. While there should be no immediate maintenance costs for this ‘new build’ slipway, the Council will incur future revenue costs as the slipway will be in the Council's ownership and control for a period of 999 years. Any maintenance would be met from the existing Waste Management & Cleansing Revenue Budgets.
Legal Implications (to Include Human Rights Implications)
13. There will be a need to enter into formal lease agreement with both Dunraven Estates. There will be no commercial boating use. The Council will be liable for ensuring the safety of all users. There would be no greater implications than exist on the Council’s current operational slipways in Sully, Penarth or Barry.
14. Consent has already been obtained under Section 28E of the Wildlife and Countryside Act 1981 to carry out the work of constructing a replacement slipway at the same location as the previous facility.
Crime and Disorder Implications
Equal Opportunities Implications (to include Welsh Language issues)
17. Corporate priority: To work with partners to develop a sustainable community with maximises opportunities for economic growth, social improvement and environmental regeneration and protection.
18. Improvement Objective 3: Promote through partnership working greater co-operations that deliver services in the Vale, thereby improving the quality of life of its citizens.
19. Action R14: Implement a Strategy for Tourism, Marketing and Events to encourage visitors to the Vale.
Policy Framework and Budget
20. This report is a matter for Executive decision by Cabinet.
Consultation (including Ward Member Consultation)
21. The ward Member for St. Brides Major has been consulted and supports this proposal.
Relevant Scrutiny Committee
22. Economy and Environment.
Clifford Parish, Operational Manager for Waste Management and Cleansing
Tel: 02920 673 220
Head of Planning and Transportation
Accountant, Visible and Building Services
Operational Manager, Highways and Engineering
Operational Manager, Leisure and Tourism
Operational Manager, Legal Services
Operational Manager, Estates Officer
Rob Quick, Director of Environmental and Economic Regeneration