Lease of Former Whifflet Park Bowling Club, 11 Bute Street, Coatbridge, ML5 4HF
North Lanarkshire Council · 24 May 2023
Back to Finance and Resources Committee — 24 May 2023 and its agenda
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North Lanarkshire Council Report Finance and Resources Committee Does this report require to be approved? ☒ Yes ☐ No Ref AM/IM Date 24/05/23 Lease of Former Whifflet Park Bowling Club, 11 Bute Street, Coatbridge, ML5 4HF From James McKinstry, Chief Officer (Assets & Procurement) E-mail martini@northlan.gov.uk Telephone Ian Martin 07966 397637 Executive Summary The purpose of this report is to seek Committee approval for a 40-year lease to Burnbank Football Club for refurbishment works of the former pavilion and conversion of the bowling greens into football pitches. The Football Club, which has been in existence since the 1950s require a long-term lease to meet the criteria requirement for an application for grant funding to the Scottish Football Association to invest in improving the current bowling green into a training pitch. The grant funding will realise the Club’s aim of running a Football Academy for local young people and the wider community. Recommendations It is recommended that the Finance and Resources Committee: 1) Agrees to grant a 40-year lease to Burnbank Football Club on the terms detailed within this report; 2) Acknowledges the inclusion of the additional area of land to be incorporated within the extent of the area to be leased; and 3) All other terms and conditions to be adjusted by the Chief Officer (Assets & Procurement) The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (22) Facilitate a North Lanarkshire wide approach to asset rationalisation, including with communities and partners
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1. Background 1.1 The previous occupiers of the subjects, Whifflet Park Bowling Club, ceased operating on 31 March 2011. 1.2 The area in question was declared surplus on 14 August 2012 by the Policy & Resources (Regeneration & Infrastructure) Sub-committee. The subjects comprise two grass bowling greens and part of a pavilion with a net internal area of 79.72 square metres (858 square feet) or thereby. The existing area leased shown shaded on the attached plan located within Whifflet Public Park, extends to 6,443 square metres (1.59 acres) or thereby. 1.3 Burnbank Football Club has leased the former pavilion and bowling greens from North Lanarkshire Council since 2012 on a month-to-month full repairing and insuring (FRI) lease. 1.4 A part of the pavilion consists of changing rooms, toilets and showering facilities which will be retained by North Lanarkshire Council for community lets. 1.5 It is proposed that an additional area of land extending to 719 square metres (0.17 acre), shown hatched on the attached plan is incorporated within the existing leased area. 1.6 Legal opinion obtained following a review of the title deeds that this area of land falls under has confirmed that the land, which is currently unmaintained and unused, is not Common Good. 2. Report 2.1 A provisional agreement has been reached with the tenant on the following terms and conditions: - (i) Lease Term: 40 years. (ii) Proposed Rent: £2,000 per annum exclusive of VAT. (iii) Date of Entry: To be arranged between the parties. (iv) Rent Reviews: 5 yearly reviews. (v) Use: Sporting activities. (vi) Repairs & Insurance: The lease will be a full repairing and insuring lease. (vii) Service Charge: The tenant will pay an appropriate share of utility costs. (viii) Statutory Consents: The Tenant will be responsible for complying with all statutory requirements in relation to their occupation and use of the subjects and will relieve the Council of all such requirements. In particular, the Tenant will be responsible for obtaining the requisite Planning Permission and Building Control approvals for their use of the property.
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3. Measures of success 3.1 Committee approval for the 40-year lease to be granted to Burnbank Football Club will enable the club to apply for grant funding from the Scottish Football Association. If successful with their application. This funding will bring a community facility up to a modern standard and facilitate and encourage community involvement in sport. 4. Supporting documentation Appendix 1 – Location Plan JAMES MCKINSTRY Chief Officer (Assets & Procurement)
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☒ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Finance? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The council will receive a modest rental income through the lease of this property. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People Resources? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? The council will be entering in to a lease agreement. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services.
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Appendix 1