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Agenda Item No

The Vale of Glamorgan Council

Cabinet Meeting: 20 May 2013

Report of the Managing Director

The Future of St Paul's Church - Consultation Report

Purpose of the Report

1. To advise Cabinet of the results of the community consultation on the future of St Paul's Church in Penarth (Appendix A)

2. To advise Cabinet that further investigation into the viability of using funds available as a result of Penarth Heights S106 agreement to refurbish St Paul's Church is underway.

Recommendations

1. That Cabinet notes the results of the community consultation undertaken in the St Augustine ward of Penarth on possible options for the future of St Paul's Church at this time.

2. That Cabinet note that discussions are being held with Crest Nicholson to determine whether £250k of Section 106 agreement monies, if made available to upgrade St Paul's Church to accommodate the two sports clubs, would comply with the terms of the S106 agreement.

3. That a further report on the outcome of these discussions and a legal opinion be presented to a subsequent cabinet meeting in order for Cabinet to take an informed decision.

Reasons for the Recommendations

1. To ensure that Cabinet is aware of the views of local residents captured during the community consultation so that these are taken into account when the future of the building is considered.

2. To ensure that Cabinet is aware that discussions are now underway to ascertain whether Crest Nicholson consider the expenditure of £250k on the refurbishment of St Paul's Church for the use of the two sports clubs complies with the Penarth Heights S106 agreement.

3. To allow an informed decision to be made.

Background

4. St. Paul's Church in Penarth has been vacant since early 2011, when the condition of the building was deemed to be dangerous for use by the Council's Building Control Unit. It was resolved in February 2012 that £250k funding be included in the capital programme to allow occupation of the premises and to upgrade the building for the benefit of the Penarth Gymnastics Club and Penarth Amateur Boxing Club subject to this sum being reclaimed from Crest Nicholson under the terms of the Penarth Heights S106 agreement.

5. The section 106 agreement for the Penarth Heights development made provision for the sum of £800,000 to be paid to the Council prior to occupation of the 200th dwelling, for community facilities which are defined in the agreement as “the provision of facilities (a building or structure) or services within the vicinity of the Site which meet local community needs and are publically available”. The Council may use its discretion to use this money as it sees fit within this definition and there is no obligation to seek prior approval from the Developer. However, the agreement does make provision for the Developer to be reimbursed any sum that has not been “properly expended […] for the purposes specified in this Deed” (clause 3 of the fourth schedule refers). Therefore, given the nature of the proposed use, it is considered appropriate to seek some comfort from the Developer, in this case Crest Nicholson, that they agree that the proposed use would represent proper use of the contribution.

6. In September 2012 a further report on St. Paul's Church raised a concern that there had been no opportunity for the local community to have their say on the future of the site and on the use of funds to provide a permanent home for the two sports clubs.

7. A community consultation was undertaken in the St Augustine ward of Penarth between 14 January 2013 and 01 March 2013 to offer local residents this opportunity.

Relevant Issues and Options

8. There were a total of 669 responses to the consultation.

9. 62% of respondents wished to see the building become a permanent home for the two sports clubs. However, a sizable minority, 38%, wished to see the Council try to develop a mixed use community facility.

Resource Implications (Financial and Employment)

10. Funds have previously been included in the Capital Programme - subject to this money being reimbursed from the S106 agreement - to allow occupation of the premises and to upgrade the building for the benefit of the two local sports clubs.

Sustainability and Climate Change Implications

11. There are a number sustainability and climate change implications arising from the contents of this report. These cut across environmental, social and economic issues. The aim of this report is to begin a process of sustainable development of this site - both environmentally and socially.

Legal Implications (to Include Human Rights Implications)

12. There are no legal implications arising specifically from the contents of the consultation report. However, these issues would have to be considered alongside the views of local stakeholders when developing any plan for the site.

13. Any potential future renovation or upgrading of St Paul's Church would be dependent on suitable tenancy terms being agreed.

Crime and Disorder Implications

14. Quality leisure opportunities are now proven to have a positive effect on crime and disorder levels among young people.

Equal Opportunities Implications (to include Welsh Language issues)

15. The public consultation on their future of St Paul's Church was open and accessible to all residents of the St Augustine ward.

Corporate/Service Objectives

16. The Council is committed to providing quality leisure opportunities in the Vale of Glamorgan.

Policy Framework and Budget

17. This is a matter for Executive decision.

Consultation (including Ward Member Consultation)

18. All local members were consulted both before and during this consultation activity.

Relevant Scrutiny Committee

19. The public consultation of the future of St Paul's Church in Penarth was approved by Scrutiny Committee (Economy and Environment) in September 2012.

Background Papers

None

Contact Officer

Robert Jones, Corporate Consultation Officer

Officers Consulted

Sian Davies, Managing Director

Rob Thomas, Director of Development Services

Mark White, Major Project Officer

Victoria Robinson, Principle Planning Officer (Section 106)

Dave Knevett, Operational Manager - Leisure and Tourism

Jane Wade, Operational Manager - Property

Mike Walsh, Principle Lawyer

Responsible Officer:

Sian Davies, Managing Directo

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