Agenda item

To consider the report of the Director (JY).

Please see link to further information

https://exeter.gov.uk/people-and-communities/communities/newtown-community-aspirations-report/

Place Scrutiny Committee had considered the report at its meeting on 31 January 2019 and its comments will be reported.

The Leader brought to Members’ attention an e-petition that would close on 25 February 2019 asking the Council to respect the recommendation of Place Scrutiny Committee held on 31 January 2019which supported the sale of the Clifton Hill site excluding the Ski Slope. The e-petitioner had been invited to present the petition at the meeting of Council on the 26 February 2019 when discussion would be welcome in accordance with the Council’s normal practice. He added that the Council had received a proposal to register the Ski Slope as an Asset of Community Value which was being processed and early indications were that the application was likely to be successful.

The Director (JY) had prepared an Equality Impact Assessment showing the potential impact of the recommendation to sell the site on people with protected characteristics within the 2010 Equalities Act. A copy had been circulated to Members and is attached to the minutes.

The City Surveyor circulated a supplementary report setting out advice following the recommendation by the Place Scrutiny Committee. The report advised on the potential impact of retaining the ski slope. It also set out the impact of green space exclusion and an approach to the designation and treatment of the green space to be accommodated within the development. The combined impact of green space exclusion and ski slope retention was also set out.

The Leader continued that he had taken on board the views of the community and fellow Councillors and, as a result, would be moving the following amendment to recommendation 2.2 (a):-

Delegate authority to the Director in consultation with the relevant Portfolio Holder and in liaison with the ward members and the City Surveyor to:

Identify and agree the area of green space to be retained by the council (comprising a minimum of 10% of the overall site area) in the current general location of the existing green space; and

agree a condition to be included in the Contract for Sale of the whole site requiring the purchaser to transfer back for a peppercorn the green space land identified and agreed in 2.2(a) above to the Council following service by the Council of a Notice requiring such transfer.

The Director (JY) presented the report providing an update on the interim Built Facilities plan agreed by Council in June 2018. The presentation is attached to the minutes. Members were updated on the original decision to sell the Clifton Hill Site, the options for the sale of Clifton Hill Site and the future investment in the existing built sport and leisure facilities. The report also set out the recommendation of the City Surveyor for the sale of the site of the Clifton Hill Sports Centre and the surrounding land owned by the Council.

Councillor Sills, having given notice under Standing Order No.44, spoke on this item. He wished to reinforce Members’ views expressed at Place Scrutiny Committee on 31 January 2019, and the pleas of the general public who had attended the meeting, as well as the representations of fellow Councillors. He set in context the debate at the Place Scrutiny Committee and reiterated the proposal from the Committee that the ski slope be excluded from the sale of Clifton Hill, as well as the Committee’s support for the retention of 10% of the land for green open space. He referred to the members of the public who submitted or attended to ask questions, and who spoke passionately about retaining the ski slope as well as the green open space.  He was aware of the two petitions, with over 900 and 3,000 names respectively, seeking to retain the ski slope at Clifton Hill. He said that he had not fully appreciated the uniqueness of the green space, which offered a quieter, more informal open space.  A member of the public who had attended had also described the green space as their sanctuary, and this had resonated with him to ensure the protection of the wildlife and flora there.  The many reasons for not selling the green space were compelling and he was disappointed that the additional proposal from Place Scrutiny Committee, not to sell the ski slope, was now not being included in the recommendations going forward at Executive. He had not fully appreciated that the ski slope was such a vital community asset, with no comparable facility at least within at least an hour and half drive of Exeter. He had received many representations, all of which had a genuine interest in protecting the green space and retaining the valued uniqueness of the Exeter ski slope.

Councillor Mitchell, having given notice under Standing Order No.44, spoke on this item and reiterated that the Clifton Hill green space was an area much loved by the local community in the adjacent wards. He referred to his support for additional funding for other elements of the leisure offer and, in particular the Riverside Leisure Centre. He stated that he opposed the proposal to sell the Clifton Hill site which would have a devastating effect on a local community asset as a valuable city centre green open space and wildlife corridor. He referred to the excellent work of the Adaptive ski club and that a virtual ski centre would not allow them to continue this work. He confirmed that he had read the valuer’s report, but the information from the City Surveyor was not as detailed as it could have been. He hoped that Members would consider saving the green open space and ski slope in its entirety.Place Scrutiny Committee recognised the amenity and recommended the removal of the ski slope from any future sale. The green space was uniquely different and the proposed minimum 10% green space would not be a sufficient amount to protect the local ecology wildlife corridors and social usefulness of this site. He hoped that Members would listen to the concerns that had been raised and move forward a proposal that all Members could support and save the green space in its entirety as well as the ski slope.

Councillor Mrs Thompson, having given notice under Standing Order No.44, spoke on this item. She commented that the valuation given for whole site is approximately £9 million less allotments and 10% open space where as the valuation for a smaller brownfield part of the site was approximately £8.8m. The sale of the whole site will deprive the community of a ski slope, rifle range, golf driving range and open greenspace when a fraction of the site could fetch approximately £8.8 million even with the restriction, these facilities also bring a substantial rental income to the council. A valuation of the sports centre site in isolation with and without the voluntary restriction has not been undertaken and should be to establish if there is a figure of undervalue with the restriction. If for instance the valuation without restriction was in excess of £10.8m permission from the Secretary of State would be needed to sell at the undervalue and if the whole land is sold for £9 million with the restriction there is no guarantee the voluntary restriction could not be challenged and removed at a later date. Cllr Thompson concluded that if the restriction was successfully removed there could still be a situation where the council ended up with the purpose built student accommodation it had hoped to restrict.

Councillor Foale, having given notice under Standing Order No.44, spoke on this item. He highlighted the Council’s challenging financial situation that had left it with only enough money to meet the management of its front line services and the many problems associated with the leisure facilities in the city. He referred to reactions he had received on canvasing in the west of the city and the concerns expressed over the missed deadlines and current state of the Riverside Leisure Centre.  He urged the Executive to find the £4.4 million needed to complete the required work and to provide quality facilities for the city.

Councillor Prowse, having given notice under Standing Order No.44, spoke on this item referring to his recent visits to the Exeter Ski slope and also the lengthy debate at the Place Scrutiny Committee. He expressed his concern at the late circulation of an impact assessment report which the City Council should provide as the site freeholder and to the absence of any reference to the ski slope in the report to Executive in June 2018.Because of the existence of three methane vents on the site and despite regular monitoring by Environmental Health, he doubted whether there would be sufficient developer interest in the site.  He hoped that Members would make the right decision regarding the ski slope which had been used by the Adaptive Ski Club for over 30 years.

Councillor Branston, having given notice under Standing Order No.44, spoke on this item. He was pleased to note that the recommendation from Place Scrutiny Committee was that the sale of the Clifton Hill site exclude the ski slope which is a vital facility for both the able and disabled. Representations at the Place Scrutiny Committee from residents, campaign groups and the Chair of the Newtown Community Association reflect other campaigns to protect community open space in the City. If the original proposal were to be supported, the Newtown area and adjacent wards will, within the last 18 months, have lost a sports facility for all age groups, a golf driving range and, potentially in the future, at least 90% of the open green space area. The most important issue is to preserve and save the Clifton Hill Green Space and notwithstanding the need to generate best value capital receipts, decisions must also have regard to the value of land to the community and residents’ quality of life as well as ensuring that access to any future development will not impede public access to dedicated open space areas. The retention of the ski slope and open space within Council ownership will help reduce health inequalities and support the Council’s policy of promoting health and wellbeing. All Ward Councillors supported the recommendation that the Clifton Hill land is not used for purpose built student accommodation.

Councillor N Vizard, having given notice under Standing Order No.44, spoke on this item.  She asked Members to note the recommendations of Place Scrutiny Committee, which was the retention of at least 10% green space and the exclusion of the ski slope from the future sale of the site. Councillor N Vizard understood the need to access funds to invest in the other sports facilities in the city but it was also important that the Clifton Hill green open space was protected. She welcomed the 10% allocation and asked that the local community be involved in discussions on its location. The ski slope offered a huge range of benefits to the local community in particular the Adaptive Ski Club who relied on the ski club for the facility. Whilst welcoming the impact assessment for the site she sought more information on potentially new sites for the Exeter ski club.

The Leader assured Councillor Vizard that the brickwork building would remain.

Councillor M Vizard, having given notice under Standing Order No.44, spoke on this item.  He referred to the difficult decision to close the Clifton Hill Sports Centre and, although ward councillors could have opposed it at every stage particularly in light of the opposition to its closure from local campaign groups, this had not been considered appropriate. He referred to the bigger picture to ensure a sound financial budget, invest in city wide facilities and parks, and protect front line services. He had accepted that the site of the sports centre and adjoining car park would be sold, and appreciated that the value of the site would be diminished, but suggested that the golf driving range was also an area which could be included in the sale, as it had negligible wildlife and was essentially a grass field. He supported the retention of the open green space to the north of the centre, to the south of the golf driving range and the east of Portland Street.  He praised the reclamation of this area by local residents and he thanked the Save the Clifton Hill Green Space Campaigners for their work. He emphasised the importance of preserving green space and excluded from the overall sale and to remain in public ownership under the City Council’s responsibility.

Councillor M Vizard also made a plea to save the ski slope. He was pleased that an equality impact assessment had been produced and welcomed the retention of the old Brickworks office. He acknowledged and welcomed the level of public funding to create a new community building in Belmont Park and also to the value of the Wild Zones report.  He felt that communication and consultation with local residents should not stop and, with the involvement of the Portfolio Holder, suggested that a working group involving local residents, the Green Space Campaign and other stakeholders in the area.

The Leader thanked the Members who had made a contribution at the meeting, it was important to look at leisure facilities provision across the whole of the city rather than just certain areas.

The Portfolio Holder Health and Wellbeing, Communities & Sport stated that Members had taken note of the concerns raised and this had been reflected in the proposed amendment with regards to the recommendation on the open space. A copy of the Equality Impact Assessment had been circulated. In light of the views of Place Scrutiny Committee he wished to seek an acceptable solution for the benefit of all Ski Club users and the wider city. He reiterated the importance of ensuring a balance in the available leisure facilities in the city and he hoped that the repair of the Riverside Leisure Centre would be expedited as quickly as possible.

The Portfolio Holder for Support Services also referred to the informed debate by the ward councillors and the views of the local residents. He welcomed the Leader’s amendment in relation to the green space, agreed it was an important part of the site and that it would be wrong to lose such space when it was the Council’s ambition to enhance such spaces. He acknowledged that ski provision was in the Council’s strategy and a possible virtual experience could provide an even better provision in the future.

The Portfolio Holder for Economy and Culture referred to the difficult decisions the Council was having to make on behalf of the city because of reduced resources. She had visited the ski club and had been impressed by the work of the Adaptive Ski Club.  She noted the comments made by Members and that a virtual ski facility was completely different from the current amenity.  It was important to make sure that every effort was made to work with the Club to find an alternative and potentially better site. The site was part of a complex interwoven pattern to realise the financial resources from the sale of the site and contribute towards the provision of much needed homes.

RECOMMENDED that Council:-

(a)        sell the Clifton Hill site, for a mixed residential development to generate the best value capital receipt to offset the previously agreed costs of compensation, upgrades to leisure facilities and to provide investment for other Council priorities including the future development and improvement of other leisure sites;

(b)        allocate a budget of £200,000 to cover the ground investigation works, marketing and selling of the site to deliver the optimal capital receipt to the Council; and

(c)       allocate a further capital budget of £4.4 million to allow for the full replacement of the flat roof and rebuild of the floor structure surrounding the pool at the Riverside Swimming Pool and Leisure Centre; and

RESOLVED to:

(a)       Delegate authority to the Director in consultation with the relevant Portfolio Holder and in liaison with the ward members and the City Surveyor to:-

Identify and agree the area of green space to be retained by the council (comprising a minimum of 10% of the overall site area) in the current general location of the existing green space; and

Agree a condition to be included in the Contract for Sale of the whole site requiring the purchaser to transfer back for a peppercorn the green space land identified and agreed in 2.2(a) above to the Council following service by the Council of a Notice requiring such transfer;

(b)       Delegate authority to the City Surveyor to take the necessary steps to ensure the Clifton Hill land is not used for purpose built student accommodation.

(c)       Note the good progress on the works associated with the £3 million budget agreed for the essential enhancements to the fabric of the buildings and replacement of essential plant and mechanical systems and interior enhancements; Exeter Arena, Wonford Sports Centre and Riverside Swimming Pool Leisure Centre and on the £950,000 budget agreed in November 2017 for Pyramids Swimming Pool and Leisure Centre.

(d)       Note the need for further capital investment at the Riverside Swimming Pool and Leisure Centre.

(e)       Note that the draft Physical Activity and Built Facilites strategies, (setting out the longer term sustainability and development plans for Riverside Swimming Pool and Leisure Centre, Wonford Sports Centre; Exeter Arena and ISCA Centre; Northbrook Swimming Pool and Northbrook Golf Course) are being recommended for public consultation with final recommendations due to be presented to Council in July 2019.