The Vale of Glamorgan Council
Cabinet Meeting: 15 June, 2015
Report of the Cabinet Member for Visible and Leisure Services
Cemetery Approach: Proposed Community Garden and Nature Area
Purpose of the Report
1. To advise Cabinet of the outcome of external funding applications for a proposed community garden and nature reserve at Cemetery Approach and to seek agreement to a funding arrangement under which both the Vale of Glamorgan Council and the Barry Town Council would each provide £250,000 for the project.
1. That delegated authority be granted to the Director of Visible Services and Housing in consultation with the Managing Director, the Leader and the Cabinet Member for Visible and Leisure Services to enter into an appropriate funding agreement with Barry Town Council and that delegated authority be granted to the Head of Legal Services to execute the agreement.
2. That the Capital Programme be amended to include £500,000 funding for this project, subject to funding of £250,000 being provided by Barry Town Council. The remaining £250,000 will be funded by the Council from the Visible Services Reserve.
3. That a further report be provided to Cabinet in due course, and following design workshops with the appointed representatives of both the Vale of Glamorgan Council and the Barry Town Council and the Council's design consultant to agree the detailed layout and content of the scheme, to allow Cabinet to agree the scheme in advance of the works tendering process.
4. That delegated authority be granted to the Director of Visible Services and Housing in consultation with the Managing Director, the Leader and the Cabinet Member for Visible and Leisure Services to enter into an appropriate ground clearance contract, in advance of any main works contract, should it be required.
5. That delegated authority be granted to the Director of Visible Services and Housing in consultation with the Managing Director, the Leader and the Cabinet Member for Visible and Leisure Services to advertise the disposal of the land and to have regard to any objections raised.
6. That a further report, giving consideration to S123 of the Local Government Act 1972, and detailing any objections received, be provided to Cabinet in respect of the proposed land transfer arrangements to the Barry Town Council in due course.
Reasons for the Recommendations
1. To ensure that an appropriate funding agreement is in place to deal with the funding requirements of both Councils in terms of procurement and expenditure arrangements in delivering the project.
2. To provide certainty of funding in advance of the completion of detailed design and procurement of the works.
3. In order to meet the terms of the Barry Town Council's funding offer.
4. In order that such clearance is carried out at the appropriate time of the year and in accordance with the ecological advice provided to the Council by its consultant.
5. To meet the requirements of Section 123(2)(a) Local Government Act 1972 and to have regard to any objections raised.
6. To provide detailed guidance regarding the method of transfer of the land and an indication as to what consideration of Section 123 of the Local Government Act 1972 and General Disposal Consent (Wales) 2003 Order has taken place.
2. At its meeting of 27th January 2014 Cabinet considered a report on developing two areas of land at Cemetery Road, Barry as a community space. Cabinet resolved:-
(1) T H A T the progress to date in respect to this matter including the outcome of the public consultation exercise be noted.
(2) T H A T the two layout options proposed for the sites be approved in principle.
(3) T H A T the use of £20k from the Visible Services asset renewal fund for 2014 / 2015 to permit clearance of the sites be approved.
(4) T H A T delegated authority be granted to the Director of Visible Services and Housing in consultation with the Director of Resources, the Leader and the Cabinet Member for Leisure, Parks, Culture and Sports Development to enter into discussions with Barry Town Council for the possible transfer of the sites, shown on the plan attached at Appendix A, to the Town Council by way of a suitable long term lease arrangement.
(5) T H A T delegated authority be granted to the Head of Legal Services in consultation with the Directors of Resources, Visible Services and Housing, the Leader and the Cabinet Member for Leisure, Parks, Culture and Sports Development to agree the terms of, and to execute, the said lease between this Council and Barry Town Council, should an agreement on such be reached.
(6) T H A T delegated authority be granted to the Director of Visible Services and Housing in consultation with the Director of Resources, the Leader and the Cabinet Member for Leisure, Parks, Culture and Sports Development to submit an 'Armed Forces Community Covenant Grant Scheme' application in connection with this project.
Relevant Issues and Options
3. Regrettably the Council has been unsuccessful in securing any funding towards this project from the Armed Forces Covenant Grant Scheme and, therefore, if the scheme is to progress an alternative funding arrangement must be sought.
4. The Director of Visible Services and Housing has recently written to the Town Clerk of Barry Town Council seeking a view on possible joint funding arrangements for the project given the discussions to date and following the decision on the Armed Forces Covenant Grant Scheme application. That letter indicated that the Director would report the matter to Cabinet with the intention of seeking funding of £250,000 from the Visible Services reserves.
5. The matter was reported to the Barry Town Council at a special meeting on 24th March 2015 at which the Town Council agreed in principle to match fund the Vale of Glamorgan Council's provisional offer. The response from Town Council also provided a set of minutes of their meeting as there were other matters which the members felt needed consideration as part of any joint funding arrangement. Those minutes are attached as Appendix A.
6. The specific requirements of the Town Council will need to be contained within the funding document to be agreed between the parties and as set out in the recommendations.
7. Given the possible time delays to the commencement of works on site which may result from ecological consideration on site it is considered prudent to allow advanced clearance works under the control of the appointed ecologist and recommendation 4 of this report provides for this contingency.
Resource Implications (Financial and Employment)
8. Consultants have been appointed to advise the parties on the detailed design of the scheme and the consultant will be able to facilitate a workshop with representatives from both Councils.
9. The delivery of the scheme has been passed to the Project Management Unit but the Project Manager will continue to receive support from the client team and the Council's Landscape Architect. Joint arrangements for reporting will be provided as part of the funding arrangements with the Barry Town Council.
10. The Vale of Glamorgan Council's contribution of £250,000 will be taken from the Visible Services Reserve. Previous best estimates of works costs were reported previously to Cabinet as being in the region of £383,000 so an allocation of £500,000 should be sufficient to deliver the project inclusive of fees and mitigation of the ground contamination previously reported.
Sustainability and Climate Change Implications
11. The scheme will reclaim derelict land for public access and promote biodiversity.
Legal Implications (to Include Human Rights Implications)
12. S123 Local Government Act 1972 requires that a local authority obtains the best consideration reasonably obtainable on a disposal of land. A local authority can, however, dispose of land for a consideration of less than full market value under the General Disposal Consent (Wales) 2003 Order where the disposal promotes or improves the economic, social or environmental well-being of the area.
13. To the extent that the land in question comprises open space it will be necessary to advertise the disposal pursuant to Section 123(2)(a) Local Government Act 1972 and to have regard to any objections raised.
14. It will be necessary to enter into a Lease with Barry Town Council and also to agree and execute the appropriate funding agreement.
Crime and Disorder Implications
15. There are no crime and disorder implications.
Equal Opportunities Implications (to include Welsh Language issues)
16. Equal opportunity issues have been considered in the design process. The scheme will be made accessible to all sectors of the community including cyclists, pedestrians, the disabled and people with pushchairs.
17. The proposal would support the Corporate Plan in its promotion of regeneration, sustainability, public health, and the safety of residents in the Vale.
Policy Framework and Budget
18. This report is a matter for Executive decision.
Consultation (including Ward Member Consultation)
19. Local Ward Members have been consulted on the proposal.
Relevant Scrutiny Committee
20. Economy and Environment.
John Dent - Major Projects Manager, Project Management Unit - Tel. 01446 704617
Operational Manager Legal - Committee Reports
Operational Manager Parks and Ground Maintenance
Consultation Policy Officer
Miles Punter - Director of Visible Services and Housing