Agenda Document Pack - Housing and Technical Resources Committee - 05/03/2025
South Lanarkshire Council · 5 March 2025
Back to Housing and Technical Resources Committee — 5 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Council Offices, Almada Street Hamilton, ML3 0AA Tuesday, 25 February 2025 Dear Councillor Housing and Technical Resources Committee The Members listed below are requested to attend a special meeting of the above Committee to be held as follows:- Date: Wednesday, 05 March 2025 Time: 10:00 Venue: Hybrid - Committee Room 1, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Paul Manning Chief Executive Members Davie McLachlan (Chair), Margaret Cowie (Depute Chair), Joe Fagan (ex officio), Walter Brogan, Archie Buchanan, Mathew Buchanan, Janine Calikes, Gerry Convery, Margaret Cooper, Andrea Cowan, Maureen Devlin, Colin Dewar, Allan Falconer, Grant Ferguson, Alistair Fulton, Ross Gowland, Geri Gray, Ross Lambie, Martin Lennon, Richard Lockhart, Julia Marrs, Ian McAllan, Kenny McCreary, Norman Rae, David Shearer, Kirsty Williams Substitutes Robert Brown, Poppy Corbett, Monique Equi, Gladys Ferguson-Miller, Elise Frame, Martin Hose, Cal Johnston-Dempsey, Susan Kerr, Eileen Logan, Richard Nelson, Helen Toner, Margaret B Walker, David Watson 1
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BUSINESS 1 Declaration of Interests Item(s) for Decision 2 Community Asset Transfer of Ferniegair Hall, Hamilton Report dated 31 January 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 5 - 10 3 Community Asset Transfer of Stewartfield Community Centre, East Kilbride Report dated 31 January 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 11 - 16 4 Community Asset Transfer of The Fountain Community Centre, Lesmahagow Report dated 31 January 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 17 - 22 5 Former Netherburn Community Hall, 40 Overton Road, Netherburn – Concessionary Lease to Rivals School of Martial Arts Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 23 - 26 6 Former Braehead Village Hall, 11 Carnwath Road, Braehead, Concessionary Lease to The White Hall @ Braehead Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 27 - 30 7 Uddingston Community Centre, Bellshill Road, Uddingston, G71 7PA – Concessionary Lease to Access to All Martial Arts and Community Sports SCIO Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 31 - 34 8 Former Carstairs Community Centre, School Road, Carstairs – Concessionary Lease to Carstairs Community Management Group Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 35 - 38 9 North Halfway Hall, 23 Graham Avenue, Halfway, G72 7RB – Concessionary Lease to The Halfway Hall SCIO Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 39 - 42 10 Former Springwells Neighbourhood Hall, 141 Parkville Drive, Blantyre, G72 0LL– Concessionary Lease to Rivals School of Martial Arts Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 43 - 46 11 Former Crawford Village Hall, 87 Carlisle Road, Crawford ML12 6TP– Concessionary Lease to CEDAR Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 47 - 50 2
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12 Kirktonholme Hall, 110 Kirktonholme Road, West Mains, East Kilbride – Concessionary Lease to Calderwood Baptist Church Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 51 - 54 13 Strathaven Park Sports Pavilion, John Hastie Park, Strathaven, ML10 6LZ – Concessionary Lease to Strathaven Community Tennis Club Report dated 3 February 2025 by the Executive Director (Housing and Technical Resources). (Copy attached) 55 - 60 Urgent Business 14 Urgent Business Any other items of business which the Chair decides are urgent. For further information, please contact:- Clerk Name: Lynne Hamilton Clerk Telephone: 07385 370044 Clerk Email: lynn.hamilton2@southlanarkshire.gov.uk 3
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Community Asset Transfer of Ferniegair Hall, Hamilton 1. Purpose of Report 1.1. The purpose of the report is to:- advise the Committee of the request for a 25-year lease of Ferniegair Hall, Carlisle Road, Hamilton to the Martial Arts Community Hub and seek approval to the principal terms and conditions as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that Ferniegair Hall, Carlisle Road, Ferniegair, Hamilton, ML3 7TX, be leased to the Martial Arts Community Hub, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. [1recs] 3. Background 3.1. Ferniegair Hall, Carlisle Road, Ferniegair was formerly managed by South Lanarkshire Leisure and Culture (SLLC). Following a review of its business plan, the SLLC Board announced that it could not sustain service delivery from various facilities. As a consequence, control of Ferniegair Hall was returned to the Council. 3.2. In recognition of the potential impact upon communities, the hall remained open through support from the Community Fightback Fund which was introduced to support hall transfers to the community. The Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease, with a view to ascertaining if a more permanent arrangement was viable. 3.3. The Martial Arts Community Hub applied for a concessionary 1-year lease to enable them to operate the property while organising a full Community Asset Transfer (CAT) application. A report was approved at the Council meeting on 27 March 2024, which authorised delegated powers for the Executive Director of Housing and Technical Resources to enter into short term arrangements for properties listed in the Appendix, which included Ferniegair Hall. This was approved in June 2024 under these delegated powers and the organisation took occupation on 12 August 2024 and has been managing the hall successfully since that date. 2 5
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3.4. The organisation has now approached the Council with a request for a 25-year lease of the subjects to enable the facility and the organisation to further develop. This is a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015. The validation date was 6 September 2024, and at this point the application and supporting documentation were placed on the Council’s planning portal. The closing date for responses was 6 October 2024, and no material comments were received. The application for the lease was considered by the CAT Panel on 23 January 2025, where the following matters were taken into consideration. 3.5. Property 3.5.1. The extent of the property is shown at Appendix 1 to the report, and there is no change of use or development proposed. It is a single storey brick built, slate roofed property constructed circa 1924, and has been generally well maintained over the years, and is in a condition consistent with it’s age and type. The curtilage of the building and external leased area extends to 1,726 square metres in total. 3.6. Organisation 3.6.1. The Martial Arts Community Hub is a Scottish Charitable Incorporated Organisation (SCIO) and has been registered with the Office of the Scottish Charity Regulator (OSCR), since 26 July 2024. It was established solely for the purpose of operating Ferniegair Hall. Prior to this, both key participants of the applicant organisation operated highly successful independent martial arts organisations in the Larkhall area. These groups had operated for sometime and were recognised as well structured and inclusive. 3.6.2. The purpose of the organisation is to advance public participation in sport (martial arts), the provision of recreational facilities and to improve the conditions of life for the persons for whom the facilities or activities are primarily intended and the broader community. 3.7. Project 3.7.1. The proposal is for the applicants to deliver martial arts classes within the hall during midweek evenings, and then hire the hall to the local community and interested organisations at other times. 3.7.2 During the concessionary lease, the applicant has been successful in retaining and growing hall lets, as well as establishing and consolidating their already successful martial arts activities, formerly delivered in diverse venues throughout the area. The grant of 25-year lease will allow the organisation to continue to develop the organisation and facility for the long term with security of occupation. 4. Assessment 4.1. The property continues to be suitable for the use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of the 25-year lease will enable the tenants to invest in the facility and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The Council has no alternative operational requirement for the subjects and the lease use clause would safeguard the value in terms of any alternative proposal. The risks of the transfer are considered low, however, should the lease prove unsustainable for the Martial Arts Community Hub, the Council will have the ability to resume full ownership and consider the future of the property. 6
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4.4 A community benefit assessment was carried out by the CAT working group, considering criteria which reflect the Council’s key priorities and objectives concluding that the community benefit is deemed excellent, equating to a discount of 100%. 5. Proposal 5.1. It is proposed to lease the subjects at Ferniegair Hall, Carlisle Road, Ferniegair, Hamilton, ML3 7TX to the Martial Arts Community Hub on the following principal terms and conditions:- the lease will be to the Martial Arts Community Hub the lease will be for a period of 25 years, subject to agreed break options the date of entry to be agreed the rental shall be £1 per annum if asked the lease to be fully repairing and insuring the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5 million for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a community facility and martial arts club the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be permitted without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 6. Employee Implications 6.1. There are no employee implications associated with this report as SLLC have redeployed staff at alternative locations. 7. Financial Implications 7.1. If the lease outlined in this report is approved by committee, it will remove any requirement for the costs of operating this asset to be met from the limited-period Community Fightback Fund and Renewable Energy Fund, that were established by the Council in 2024. 7.2. In the longer term, the lease will result in a saving in void property costs including empty rates, insurance and utility standing charges and repairs and maintenance. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. In terms of the Community Empowerment (Scotland) Act 2015, the Council has until 6 March 2025 to provide a notice of its decision whether to agree or refuse the asset transfer request. 9.2. The organisation has the right to appeal to Scottish Ministers should a decision not be made in that timescale, if the asset transfer is refused or the organisation does not agree with the proposed terms and conditions. 10. Integrated Impact Assessment and Consultation Requirements 7
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10.1. Consultation has taken place with the Community Participation Team, Legal Services and Community and Enterprise Resources. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function, or strategy and, therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 31 January 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities Previous References ♦ South Lanarkshire Council, 27 March 2024 - Community Facilities – Temporary Delegated Authority List of Background Papers Application and supporting documents via Planning Portal ref CAT/24/0013 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) email: craig.jardine@southlanarkshire.gov.uk 8
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Community Asset Transfer of Stewartfield Community Centre, East Kilbride 1. Purpose of Report 1.1. The purpose of the report is to:- advise the Committee of the request for a 2-year lease of Stewartfield Community Centre, East Kilbride to East Kilbride Gymnastics Club (EKGC) and seek approval to the principal terms and conditions as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that Stewartfield Community Centre, 3 Macneish Way, East Kilbride, G74 4TT be leased to East Kilbride Gymnastics Club (EKGC), subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. [1recs] 3. Background 3.1. Stewartfield Community Centre was formerly managed by South Lanarkshire Leisure and Culture (SLLC). Following a review of it’s business plan, the SLLC Board announced that it could not sustain service delivery from various facilities and consequently, control of Stewartfield Community Centre was returned to the Council. 3.2. In recognition of the potential impact upon communities, the hall remained open through support from the Community Fightback Fund, which was introduced to support hall transfers to the community. The Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement was viable. 3.3. At its meeting on 30 August 2023, the Housing and Technical Resources Committee approved the asset transfer by lease to Badminton Academy Social Enterprise (BASE). However, during negotiations between BASE and the Council to finalise the terms of the lease, BASE notified the Council that they were unable to agree to the terms and conditions offered and accordingly withdrew their request. They also confirmed they did not wish to take the matter to appeal and ended negotiations. 3 11
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3.4 EKGC, thereafter, submitted a Community Asset Transfer (CAT) light application for a 1-year lease which was approved at a meeting of the Housing and Technical Resources Committee on 18 September 2024, with the premises being transferred on 18 November 2024. 3.5. The organisation has now approached the Council with a request for a 2-year lease of the subjects to enable the organisation to continue to operate the facility for the provision of gymnastics, and further develop a longer-term strategy. 3.6 This is a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015. The validation date for which was 6 September 2024, at which point the application and supporting documentation were placed on the Council’s planning portal. The closing date for responses was 6 October 2024. The main comments received relate to the use of existing groups and EKGC have confirmed that, during the lease, the smaller hall will continue to be offered for the use of local community groups. The application for the lease was considered by the CAT Panel on 23 January 2025, where the following matters were taken into consideration. 3.7. Property 3.7.1. The extent of the property is shown at Appendix 1 to the report, and there is no change of use or development proposed. The property, built in 1994, is situated within a small retail park next to Morrisons supermarket and is in good condition. It consists of a large sports hall and a smaller hall/ community space with car parking shared with the other retail park occupiers. 3.8. Organisation 3.8.1. EKGC are a Scottish Charitable Incorporated Organisation (SCIO), number SC039629, which was incorporated on 30 October 2013. Prior to this date the organisation operated from 4 June 2008 as an unincorporated charity. Legal Services has confirmed that EKGC’s constitution is appropriate for CAT by lease. 3.8.2. The organisation has a number of committed and highly capable individuals who have been involved in the operation of the group for a prolonged period of time. Under their governance the organisation has grown substantially and operates in a professional and financially prudent manner. 3.9. Project 3.9.1. The purpose of the CAT is to create a gymnastics academy specifically focused on Additional Support Needs and primary aged children, and in doing so meet the demand the organisation has already created. The main sports hall will continue to be used exclusively for gymnastics with the smaller hall being available for a wider range of uses and community activity. 3.9.2 The application is for an initial period of 2 years and EKGC have already successfully applied for and received grant funding from Scottish Gymnastics for operating a satellite facility. This will be an ongoing grant for the next few years and will aid them financially to operate the hall in that time and develop a sustainable future. 4. Assessment 4.1. The property continues to be suitable for the use and the organisation has the capacity and funds to manage the facility. 12
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4.2. The grant of the 2-year lease will enable the tenant to continue to operate the facility and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The Council has no alternative operational requirement for the subjects and the lease use clause would safeguard the value in terms of any alternative proposal. The risks of the transfer are considered low, however, should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 4.4 A community benefit assessment was carried out by the CAT working group which gave a score indicating that the community benefit was deemed excellent, equating to a discount of 90-100%. The Group have requested a rental of £2,000 per annum which, having been assessed is considered an appropriate value and corresponds with the community benefit discount. 5. Proposal 5.1. It is proposed to lease the subjects at Stewartfield Community Centre, 3 Macneish Way, East Kilbride, G74 4TT to East Kilbride Gymnastics Club on the following principal terms and conditions:- the lease will be to East Kilbride Gymnastics Club the lease will be for a period of 2 years the date of entry to be agreed the rental shall be £2,000 per annum (reflecting 90% discount of the rental value) the lease to be fully repairing and insuring the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5 million for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be permitted without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 6. Employee Implications 6.1. There are no employee implications associated with this report as SLLC have redeployed staff at alternative locations. 7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove any requirement for the costs of operating this asset to be met from the limited-period Community Fightback Fund and Renewable Energy Fund that were established by the Council in 2024. 7.2. In the longer term, the lease will result in a saving in void property costs including empty rates, insurance and utility standing charges and repairs and maintenance. 13
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8 Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. In terms of the Community Empowerment (Scotland) Act 2015, the Council has until 6 March 2025 to provide a notice of its decision whether to agree or refuse the asset transfer request. 9.2. The organisation has the right to appeal to Scottish Ministers should a decision not be made in that timescale, if the asset transfer is refused or the organisation does not agree with the proposed terms and conditions. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with the Community Participation Team, Legal Services and Community and Enterprise Resources. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function, or strategy and, therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 31 January 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities Previous References ♦ Housing and Technical Resources Committee, 18 September 2024 - Stewartfield Community Centre, East Kilbride - Lease to East Kilbride Gymnastics Club Housing and Technical Resources Committee, 30 August 2023 – Stewartfield Community Centre, East Kilbride – Lease to Badminton Academy Social Enterprise List of Background Papers Application and supporting documents via Planning Portal ref CAT/24/0012 Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) Email: craig.jardine@southlanarkshire.gov.uk 14
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45 COURT 19 10 2 Community Hall 38 43 40 50 51 DW 1 to 5 5 1 19 32 47 6 to 17 ARROTSHOLE DW 2 Posts LB 3 3a STEWARTFIELD GROVE 10 3 5 6 2 Posts 1 FB 2 1 4 MACNEISH WAY 37 El Sub Sta 3e Arrotshole MACCRIMMON PARK Silos Ordnance Survey Digital Data Scale 1:1,250 Produced by H&T Property Services (Estates) - 4 April 2013 Title: Stewartfield Community Centre Town: East Kilbride © Crown copyright and database rights 2023 Ordnance Survey 100020730. 3 15
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Community Asset Transfer of The Fountain Community Centre, Lesmahagow 1. Purpose of Report 1.1. The purpose of the report is to:- advise the Committee of the request for a 25-year lease of The Fountain Community Centre, Lesmahagow to Lesmahagow Development Trust and seek approval to the principal terms and conditions as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that The Fountain Community Centre, Abbeygreen Road, Lesmahagow, ML11 0HD be leased to Lesmahagow Development Trust, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. [1recs] 3. Background 3.1. The Fountain Community Centre, Abbeygreen, Lesmahagow was formerly managed by South Lanarkshire Leisure and Culture (SLLC). Following a review of its business plan, the SLLC Board announced that it could not sustain service delivery from various facilities and consequently, control of The Fountain Community Centre was returned to the Council. 3.2. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement was viable. 3.3. Lesmahagow Development Trust approached the Council with a request for an annual lease of the subjects to enable the facility to re-open for community use as quickly as possible. The lease would enable them to operate the facility, whilst testing the viability of a future Community Asset Transfer (CAT). This was approved at the Housing and Technical Resources Committee on 31 May 2023 and has been operating successfully since the date of occupation in August 2023. 4 17
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3.4. The Trust has now approached the Council with a request for a 25-year lease of the subjects to enable it to secure the asset for the community and move the property to a self-sustaining position, releasing dependence or reliance on grant funding and encouraging multiple community activities that align to the Development Trust’s Community focus on Wellbeing, Education and Social Regeneration. 3.5. This is a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015. The validation date for which was 6 September 2024, at which point the application and supporting documentation were placed on the Council’s planning portal. The closing date for responses was 6 October 2024, and no objections were received. The application for the lease was considered by the CAT Panel on 23 January 2025, where the following matters were taken into consideration. 3.6. Property 3.6.1. The extent of the property is shown at Appendix 1 to the report, and there is no change of use or development proposed. 3.6.2 Part of the subjects are currently leased to Bank of Scotland with an end date of February 2027, and this area will be excluded from the lease to Lesmahagow Development Trust and remain with the Council at the present time. However, there are ongoing discussions with the Bank regarding an early surrender of the lease and Lesmahagow Development Trust are keen to incorporate this into their future plans for the property. 3.7. Organisation 3.7.1. Lesmahagow Development Trust is a single tier Scottish Charitable Incorporated Organisation (SCIO), registered number SC040828, having registered this entity with the Office of the Scottish Charity Regulator (OSCR) on the 11 of September 2009. The Trust has been operating since 2009, owns several properties and has considerable funds and income streams. Legal Services has confirmed that the SCIO is appropriate for CAT by lease. 3.7.2. The organisation has a number of committed and highly capable individuals who have been involved in the operation of the Trust for a prolonged period of time. Under their governance, the organisation has developed strong commercial and financial skills and recent accounts show a history of generating surpluses and prudent financial management. 3.8. Project 3.8.1. The purpose of the CAT is to continue to operate and develop the facility to meet their aims of benefiting the community of Lesmahagow through:- economic, environmental and social regeneration promotion of the social economy and social enterprise promoting education awareness and citizenship 3.8.2 The grant of a long lease will grant security to sustain and develop these aims. 18
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4. Assessment 4.1. The property continues to be suitable for the use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of the 25-year lease will enable the tenant to continue to operate the facility and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The Council has no alternative operational requirement for the subjects. The lease use clause and planning status within the Lesmahagow Heritage Zone safeguard the value in terms of any alternative proposal. The risks of the transfer are considered low, however, should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 4.4. A community benefit assessment was carried out by the CAT working group, considering criteria which reflect the Council’s key priorities and objectives concluding that the community benefit is deemed excellent, equating to a discount of 100%. 5. Proposal 5.1. It is proposed to lease the subjects at The Fountain Community Centre, 9-11 Abbeygreen, Lesmahagow to Lesmahagow Development Trust on the following principal terms and conditions:- the lease will be to Lesmahagow Development Trust the lease will be for a period of 25 years the date of entry to be agreed the rental shall be £1 per annum if asked the lease to be fully repairing and insuring the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5 million for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be permitted without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 6. Employee Implications 6.1. There is no employee implications associated with this report as SLLC have redeployed staff at alternative locations. 7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove any requirement for the costs of operating this asset to be met from the limited-period Community Fightback Fund and Renewable Energy Fund that were established by the Council in 2024. 7.2. In the longer term, the lease will result in the avoidance of void property costs including empty rates, insurance and utility standing charges and repairs and maintenance. 19
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8 Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. In terms of the Community Empowerment (Scotland) Act 2015, the Council has until 6 March 2025 to provide a notice of its decision whether to agree or refuse the asset transfer request. 9.2. The organisation has the right to appeal to Scottish Ministers should a decision not be made in that timescale, if the asset transfer is refused or the organisation does not agree with the proposed terms and conditions. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with the Community Participation Team, Legal Services and Community and Enterprise Resources. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function, or strategy and, therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 31 January 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities Previous References ♦ Housing and Technical Resources Committee Meeting, 31 May 2023 - The Fountain, 9 -11 Lesmahagow Development Trust List of Background Papers Application and supporting documents via Planning Portal ref CAT/24/0012 Contact for Further Information If you would like to inspect the background papers or want further information, please contact: - Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) email: craig.jardine@southlanarkshire.gov.uk 20
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Former Netherburn Community Hall, 40 Overton Road, Netherburn – Concessionary Lease to Rivals School of Martial Arts 1. Purpose of Report 1.1. The purpose of the report is to: - [purpose] advise the Committee of the request for concessionary lease, of the former Netherburn Community Hall, 40 Overton Road, Netherburn, ML9 3BT to Rivals School of Martial Arts request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Netherburn Community Hall, Netherburn be leased to Rivals School of Martial Arts, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at the former Netherburn Community Hall, Netherburn, ML9 3BT were, until recently, managed by South Lanarkshire Leisure and Culture (SLLC) and operated by a community led management committee. 3.2. Following a review of its business plan, the SLLC Board announced that it could not sustain service delivery from this facility and control was returned to the Council. 3.3. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement is viable. 3.4. The incumbent management committee of the hall held lengthy discussions with the Council and latterly confirmed that they did not believe they were capable of continuing to operate the facility themselves without the financial support of SLLC. 5 23
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Having met with Rivals Martial Arts, the management committee concluded that they would be an ideal organisation to continue to operate the hall, offering both their own activities and accommodating wider community usage. 3.5. Rivals School of Martial Arts has been in existence for 17 years and a charity since- April 2016. 3.6. Rivals School of Martial Arts subsequently approached the Council with a request for a concessionary lease of the hall to enable the facility to re-open for community participation in sports, martial arts and associated health promotion activities, as well as allowing the venue to continue to be available as a facility to serve the needs of the community. The lease will enable them to operate the facility whilst testing the viability of a future Community Asset Transfer (CAT). 3.7. Property 3.7.1. The property is 2-storey building with a main hall, 2 small meetings rooms, kitchen and toilets. Car parking is provided via public car parking situated adjacent 3.7.2. The facility was historically leased to SLLC, who in turn, leased the property to a community management committee for operation. There are no other operational uses for the building. 3.7.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.8. Organisation 3.8.1. The organisation has been in existence for 17 years and was established as a Scottish Charitable Incorporated Organisation (SCIO), Scottish Charity No. SC046518 in April 2016. 3.8.2. The purpose of the organisation is: “the promotion of community participation in healthy sport (and recreation) for the health, benefit and community development by the provision of premises and facilities for playing and participating in martial arts and associated health promoting activities.” 3.8.3. Rivals School of Martial Arts works with Active Schools, school partnerships, Routes to Work, children with Autism and families from disadvantaged backgrounds. In addition, it works with Police Scotland, Scottish Fire and Rescue and other charities and third sector organisations. 3.8.4. Rivals School of Martial Arts has already entered a 20-year lease for the former David Milne Hall, Uddingston via the CAT process and this has been renovated and appears to be operating successfully. 3.8.5. The organisation has 8 trustees, 8 members of staff and 30 volunteers. The organisation currently operates from 4 other facilities across South and North Lanarkshire. 3.9. Project 3.9.1. The proposal is to re-open the building as a sports facility and community hall and through its management, develop additional activities which will evidence a sustainable operating model and support a future CAT application. The grant of a concessionary lease will allow the organisation to assess the viability of the proposal. 3.9.2. The organisation has several ideas for the use of the facility and is keen to avoid the impact of the halls closure on local community groups. 24
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3.9.3. The organisation has assessed the costs of operating the facility based upon its experience in other locations. The latest accounts and bank statements show that the organisation is sustainable and has the funds to deliver the works to the property. 4. Assessment 4.1. Rivals School of Martial Arts has experienced trustees and is successfully operating similar facilities across Lanarkshire. The organisation works closely with other Third Sector organisations, providing support for employability programmes and working with young people with complex needs. 4.2. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.3. The grant of a concessionary lease will enable the facility to re-open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.4. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.5. The Council has no alternative operational requirement for the subjects. Should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 5. Proposal 5.1. It is proposed to grant a lease of the former Netherburn Community Hall, Netherburn to Rivals School of Martial Arts, on the following principal terms and conditions:- the lease will be to Rivals School of Martial Arts the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract if a major repair is identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Trust and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 25
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7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy Fund that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise Resources, Planning, Legal and Finance Services as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 26
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Former Braehead Village Hall, 11 Carnwath Road, Braehead - Concessionary Lease to The White Hall @ Braehead 1. Purpose of Report 1.1 The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the former Braehead Village Hall, 11 Carnwath Road, Braehead ML11 8EY, to The White Hall @ Braehead, Scottish Charitable Incorporated Organisation (SCIO) 53449 request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Braehead Village Hall, Braehead ML11 8EY be leased to The White Hall @ Braehead, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at the former Braehead Village Hall, Braehead, were formerly managed by South Lanarkshire Leisure and Culture (SLLC). 3.2. Following a review of its business plan, the Board of SLLC announced that it could not sustain service delivery from various facilities. Consequently, control of Braehead Village Hall was returned to the Council. 3.3. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement is viable. 3.4. The White Hall @ Braehead was constituted on 19 June 2024 as a SCIO, as a vehicle to support their interest in a potential full Community Asset Transfer (CAT). The organisation approached the Council with a request for a concessionary lease of the subjects to enable use of the facility while they develop their full CAT application. The lease will enable them to operate the facility, whilst testing the viability of their business plan to support a future Community Asset Transfer (CAT). 6 27
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3.5. Property 3.5.1. The property is a single storey building with 2 halls (main and bowling hall) and kitchen and toilets. The property consists of a multi-pitched metal tile covered roof with valley gutter, masonry brick and block frame with a concrete painted roughcast rendered finish. Car parking is provided via public car parking situated adjacent to the building. 3.5.2. The facility is unoccupied and closed to public use. Whilst the building is tenantable, it does require a degree of upgrade and wind and watertight repairs. There are no other operational uses for the building. 3.5.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.6. Organisation 3.6.1. The organisation has been formed to support local people take forward their CAT interest and was established as a SCIO, Scottish Charity No. SC053449 in June 2024. 3.6.2. The purposes of the organisation are "the provision of recreational facilities, or the organisation of recreational activities, with the objective of improving the conditions of life for the persons for whom the facilities or activities are primarily intended”. 3.6.3. The organisation has strong local representation in its management structure and protecting local heritage has brought local people together. 3.6.4. Through connections with the Village Trust, they have organised local consultations and their application points out they draw 75% of Members of the Organisation from the community. 3.6.5. The organisation has 10 trustees, and access to local volunteers. 3.7. Project 3.7.1. The proposal is to take on all operational aspects as of the Hall and ensure long term viability. It is envisaged that there are opportunities to create a community social hub, attracting Third Sector groups and encouraging wider usage. This will be supported by leveraging local skills and connections with the Village Trust. 3.7.2. The organisation has several ideas for the use of the facility and is keen to ensure continuity of community usage going forward. 3.7.3. The organisation has assessed the costs of operating the facility based upon its member experience, and historic operating costs provided by SLLC. 4. Assessment 4.1. The White Hall @ Braehead has generated local enthusiasm on its ideas and is working closely with Third Sector organisations and local groups. Their application demonstrates an ambitious list of income generating ideas, including potential for solar panels to improve energy efficiency. 4.2. The property is suitable for the proposed use and the organisation has the basic requirement to manage the facility. 4.3. The grant of the concessionary lease will enable the facility to continue to provide community usage and relieve the Council of responsibility for associated operational costs. 28
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4.4. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.5. The Council has no alternative operational requirement for the subjects, and should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 5. Proposal 5.1. It is proposed to grant a lease of the Braehead Village Hall, 11 Carnwath Road, Braehead ML11 8EY, to The White Hall @ Braehead (SCIO 053449) on the following principal terms and conditions:- 1. the lease will be to The White Hall @ Braehead 2. the lease will be for 1 year 3. date of entry to be agreed 4. the rental is £1 per annum, if asked 5. the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified 6. the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim 7. the Council will insure the property and recover the costs from the tenants 8. the use will be for a sports facility and community centre 9. the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects 10. assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent 11. each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Charity and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy Fund that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 29
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9. Other Implications 9.1. In terms of the Community Empowerment (Scotland) Act 2015, the Council has until 18 March 2024 to provide a notice of its decision whether to agree to or refuse the asset transfer request. 9.2. The organisation has a right to appeal to Scottish Ministers should a decision not be made in that timescale or the asset transfer request be refused. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as public consultation by the Charity themselves. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 30
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Uddingston Community Centre, Bellshill Road, Uddingston – Concessionary Lease to Access to All Martial Arts and Community Sports Scottish Charitable Incorporated Organisation 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the Uddingston Community Centre, Bellshill Road, Uddingston, G71 7PA to Access to All Martial Arts and Community Sports (AAMACS), Scottish Charitable Incorporated Organisation (SCIO) request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1. The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Uddingston Community Centre be leased to AAMACS SCIO, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at Uddingston Community Centre, Bellshill Road, Uddingston, G71 7PA; are currently managed by South Lanarkshire Leisure and Culture (SLLC) and are operated by a community led management committee. 3.2. Following a review of it’s business plan, the Board of SLLC announced that it could not sustain service delivery from various facilities and consequently, control of Uddingston Community Centre was returned to the Council. 3.3. In 2024, the Council introduced the Community Fightback Fund to allow SLLC to continue to operate various facilities in the short term, whilst endeavours were made to identify local organisations who would consider continuing to operate them on behalf of the community. This would entail the interested parties applying for a concessionary lease, with a view to ascertaining if a more permanent arrangement was viable. 7 31
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3.4. AAMACS, SCIO approached the Council with a request for a concessionary lease of the subjects to enable the facility to re-open as a community centre to serve the local area. The lease will enable them to operate the facility, whilst developing an application for a longer lease in future via the full Community Asset Transfer (CAT) process. 3.5. At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.6. Property 3.6.1. The property is a one storey building with two halls, several meetings’ rooms, kitchen and toilets. Car parking is provided via public car parking situated adjacent. 3.6.2. The facility was historically leased to SLLC, who in turn leased the property to a community management committee for operation until recently. There are no other operational uses for the building. 3.6.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.7. Organisation 3.7.1. AAMACS SCIO was formed by members of UK Tae Kwon Do, with a view to developing activities in communities which involved martial arts and other sports. 3.7.2 AAMACS was registered with the Office of the Scottish Charity Regulator (OSCR) on 31 March 2021 as a SCIO, number SC050878. 3.7.3. The purpose of the organisation is: “the advancement of public participation in sport”. 3.7.4. The organisation has 4 trustees. 3.8. Project 3.8.1. The proposal is for the applicant to continue to operate the building as a community hall and through it’s management, develop additional activities which will evidence a sustainable operating model and support a future CAT application. The grant of a concessionary lease will allow the organisation to assess the viability of the proposal. 3.8.2. The organisation has to date had discussions with other hall users who have intimated that they are keen to support the development and operation of the facility. 3.8.3. The organisation has assessed the costs of operating the facility and is confident that along with other hall users it’s income generation will cover the overheads associated with the operation of the hall. 4. Assessment 4.1. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of a concessionary lease will enable the facility to remain open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a year-to-year lease. 32
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4.4. The Council has no alternative operational requirement for the subjects and should the lease prove unsustainable for AAMACS, SCIO, the Council will have the ability to resume full ownership and consider the future of the property, however, it is anticipated that a formal application for CAT will be forthcoming. 5. Proposal 5.1. It is proposed to grant a lease of Uddingston Community Centre, to AAMACS, SCIO, on the following principal terms and conditions:- the lease will be to AAMACS SCIO the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile form the contract if a major repair is identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Trust and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy Fund, that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise Resources, Planning, Legal and Finance Services as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. 33
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Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 34
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Former Carstairs Community Centre, School Road, Carstairs – Concessionary Lease to Carstairs Community Management Group 1. Purpose of Report 1.1 The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the former Carstairs Community Centre, School Road, Carstairs ML11 8QF, to the Carstairs Community Management Group request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Carstairs Community Centre, Carstairs ML11 8QF be leased to the Carstairs Community Management Group, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The Council owns the former Carstairs Community Centre, School Road, Carstairs ML11 8QF. Services from the Centre are currently run under a short-term lease agreement with this group via South Lanarkshire Leisure and Culture (SLLC). SLLC provide a hall keeper for weekday letting and the charity cover weekend lets themselves. 3.2. Carstairs Community Management Group was constituted on 10 June 2024 as a Scottish Charitable Incorporated Organisation (SCIO) as a vehicle to support their interest in a potential full Community Asset Transfer (CAT) Request later this year. 3.3. Carstairs Management Group approached the Council with a request for a concessionary lease of the subjects. If approved, it will enable the continued use of the facility, based on public demand, and 800 local people from a cross-section of community groups using the facility per month. The lease will enable them to operate the facility, whilst testing the viability of a future CAT. 8 35
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3.4. Property 3.4.1. The property is a single storey building with a main hall, lesser hall and committee room, kitchen, and toilets. Car parking is provided via public car parking situated adjacent to the building. 3.4.2. The facility historically was leased to SLLC, who in turn sub leased the property to a community management committee for operational needs at weekends. There are no other operational uses for the building. 3.4.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.5. Organisation 3.5.1. The organisation has been in existence for 27 years and was established as a Scottish Charitable Incorporated Organisation (SCIO), Scottish Charity No. SC053417 in June 2024, having previously operated under SCO027158 (established on 20 August 1997). 3.5.2. The purpose of the organisation is, “the provision of recreational activities, with the objective of improving the conditions of life for the persons for whom the facilities or activities are primarily intended”. 3.5.3. Carstairs Community Management Group works with several local groups and organisations in the Carstairs area. The Group has a broad age range from the Toddler group to The Knit and Natter Group. 3.5.4. Carstairs Community Management Group have worked successfully with SLLC under a lease agreement to provide continuity for community use at weekends, and this provides a level of comfort and support of the application, as the Group has knowledge of the facility. The application contains messages of support from a cross-section of community groups including: Boys Brigade, Carstairs Pre 5 Group, Young Farmers, Church Groups and Carstairs and District Gala Committee. 3.5.5. The organisation has 5 trustees, 1 co-ordinator and 4 groups of volunteers to assist with operational aspects of the facility. 3.6. Project 3.6.1. The proposal is for the Group to take on all operational aspects of the community centre and run the facility independently. This will lever the skills and resources of the current management committee, and help validate income and expenditure to support a business plan for full CAT application. 3.6.2. The organisation has several ideas for the use of the facility and is keen to ensure continuity of community usage going forward. 3.6.3. The organisation has assessed the costs of operating the facility based upon its current experience, previous accounts and bank statements of the earlier SCIO, which demonstrate prudent financial management skills. 36
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4. Assessment 4.1. Carstairs Community Management Group has experienced trustees and is successfully providing services with SLLC under a lease agreement. The organisation works closely with a range of Third Sector organisations and local groups and their application demonstrates a depth of community backing. 4.2. The property is suitable for the proposed use and the organisation has the capacity to manage the facility. 4.3. The grant of the concessionary lease will enable the facility to continue to provide community usage and relieve the Council of responsibility for associated operational costs. 4.4. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.5. The Council has no alternative operational requirement for the subjects, and should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 5. Proposal 5.1. It is proposed to grant a lease of the Carstairs Community Centre, School Road, Carstairs ML11 8QF, to the Carstairs Community Management Group (SCIO 053417) on the following principal terms and conditions:- the lease will be to Carstairs Community Management Group the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Charity and the evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 37
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7. Financial Implications 7.1. If the lease outlined in this report is approved by the Committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as public consultation by the Charity themselves. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 38
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: North Halfway Hall, 23 Graham Avenue, Halfway – Concessionary Lease to The Halfway Hall Scottish Charitable Incorporated Organisation 1. Purpose of Report 1.1 The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the North Halfway Community Hall, 23 Graham Avenue, Halfway, G72 7RB to The Halfway Hall Scottish Charitable Incorporated Organisation (SCIO) request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former North Halfway Hall, Halfway, G72 7RB be leased to The Halfway Hall, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at North Halfway Hall, 23 Graham Avenue, Halfway, G72 7RB were, until recently, managed by South Lanarkshire Leisure and Culture (SLLC) and operated by a community led management committee. 3.2. Following a review of its business plan, the Board of SLLC announced that it could not sustain service delivery from various facilities and consequently, control of North Halfway Hall was returned to the Council. 3.3. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease, with a view to ascertaining if a more permanent arrangement was viable. 3.4. The former North Halfway Community Management Committee have successfully managed and operated the facility in conjunction with SLLC for over 20 years. 9 39
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3.5. The incumbent management committee of the hall held lengthy discussions with the Council and latterly indicated that they wished to continue to operate the premises themselves and began a process of restructuring their organisational constitution and management committee to do so. 3.6. North Halfway Hall consolidated its approach, began to work on a business plan and reconstitution as a SCIO. They then approached the Council with a request for a concessionary lease of the subjects to enable the facility to continue to operate. The lease will enable them to operate the facility, whilst testing the viability of a future Community Asset Transfer (CAT). 3.7. At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.8. During 2024, the facility has continued to operate through assistance from the Community Fightback Fund, which has covered its operating costs. 3.9. Property 3.9.1. The property is a 2-storey building with a main hall, 2 small meetings rooms, kitchen and toilets. Car parking is provided via public car parking situated adjacent. 3.9.2. The facility was historically leased to SLLC, who in turn leased the property to a community management committee for operation. There are no other operational uses for the building. 3.9.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.10. Organisation 3.10.1The facility was operated by a management committee using an unincorporated, not for profit constitution, in conjunction with SLLC for over 20 years. SLLC has confirmed that the organisation has been operated in a professional and co-operative manner. 3.10.2 In order to progress this matter, the existing management committee worked with new committee members to establish the Halfway Hall SCIO, which was registered with the Office of the Scottish Charity Regulator (OSCR) on 16 September 2024 as a SCIO. 3.10.3 The purpose of the organisation is: “the provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended” and “the advancement of citizenship or community development”. 3.10.4 The organisation has 11 trustees, 40 members and 60 volunteers. 3.11. Project 3.11.1The applicant will continue to operate the facility as a community hall and through its management, develop additional activities which will evidence a sustainable operating model and support a future CAT application. The grant of a concessionary lease will allow the organisation to assess the viability of the proposal. 40
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3.11.2The organisation has, to date, worked to enhance community ownership. 3.11.3The organisation has assessed the costs of operating the facility and is developing a business plan to consolidate a pathway to sustainability. 4. Assessment 4.1. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of the concessionary lease will enable the facility to remain open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.4. The Council has no alternative operational requirement for the subjects and should the lease prove unsustainable for North Halfway Hall SCIO, the Council will have the ability to resume full ownership and consider the future of the property, however, it is anticipated that a formal application for CAT will be forthcoming. 5. Proposal 5.1. It is proposed to grant a lease of North Halfway Hall to The Halfway Hall SCIO, on the following principal terms and conditions:- the lease will be to The Halfway Hall SCIO the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event that a major repair is identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Trust and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 41
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7. Financial Implications 7.1. If the lease outlined in this report is approved by committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy Fund that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise Resources, Planning, Legal and Finance Services, as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 42
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Former Springwells Neighbourhood Hall, 141 Parkville Drive, Blantyre – Concessionary Lease to Rivals School of Martial Arts 1. Purpose of Report 1.1 The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the former Springwells Neighbourhood Hall, 141 Parkville Drive, Blantyre, G72 0LL to Rivals School of Martial Arts request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Springwells Neighbourhood Hall, Blantyre, G72 0LL be leased to Rivals School of Martial Arts, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The Council owns the former Springwells Neighbourhood Hall, 141 Parkville Drive, Blantyre, G72 0LL. The property was vacated in 2022 after use as a Covid Vaccination Centre and is currently vacant. 3.2. Rivals School of Martial Arts approached the Council with a request for a concessionary lease of the subjects to enable the facility to re-open for community participation in sports, martial arts and associated health promotion activities. The lease will enable them to operate the facility, whilst testing the viability of a future Community Asset Transfer (CAT). 3.3. At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.4. Property 3.4.1. The property is a single storey building with a main hall, 2 small meetings rooms, kitchen and toilets. Car parking is provided via public car parking situated adjacent. 10 43
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3.4.2. The facility was historically leased to South Lanarkshire Leisure and Culture (SLLC), who in turn leased the property to a community management committee for operation. During COVID pandemic the facility was let by the Council to the National Health Service (NHS) for use as a vaccination centre. It was subsequently closed and returned by SLLC to the Council. There are no other operational uses for the building. 3.4.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.5. Organisation 3.5.1. The organisation has been in existence for 17 years and was established as a Scottish Charitable Incorporated Organisation (SCIO), Scottish Charity No. SC046518 in April 2016. 3.5.2. Legal Services has confirmed the constitution is appropriate for CAT by lease and the constitution does contain an asset lock. 3.5.3. The purpose of the organisation is: “the promotion of community participation in healthy sport (and recreation) for the health, benefit and community development by the provision of premises and facilities for playing and participating in martial arts and associated health promoting activities.” 3.5.4. Rivals School of Martial Arts works with Active Schools, school partnerships, Routes to Work, children with Autism and families from disadvantaged backgrounds. In addition, it works with Police Scotland, Scottish Fire and Rescue, other charities and Third Sector organisations. 3.5.5. Rivals School of Martial Arts already has the lease of the David Milne Hall, Uddingston via the CAT process. This property which was formerly operated by SLLC has been renovated and appears to be operating successfully. 3.5.6. The organisation has 8 trustees, 8 members of staff and 30 volunteers. The organisation currently operates from 4 other facilities across South and North Lanarkshire. 3.6. Project 3.6.1. The proposal is to re-open the building as a sports facility, community hall and offices. Then through its management, develop additional activities which will evidence a sustainable operating model and support a future CAT application. The grant of a concessionary lease will allow the organisation to assess the viability of the proposal. 3.6.2. The organisation has several ideas for the use of the hall and is keen to avoid the impact of the hall’s closure on local community groups. 3.6.3. The organisation has assessed the costs of operating the facility based upon its experience in other locations and the latest accounts and bank statements show that the organisation is sustainable and has the funds to deliver the works to the property. 4. Assessment 4.1. Rivals School of Martial Arts has experienced trustees and is successfully operating similar facilities across Lanarkshire. The organisation works closely with other Third Sector organisations, providing support for employability programmes and working with young people with complex needs. 44
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4.2. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.3. The grant of the 1-year lease will enable the facility to re-open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.4. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.5. The Council has no alternative operational requirement for the subjects. Should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property. 5. Proposal 5.1. It is proposed to grant a lease of the former Springwells Neighbourhood Hall, Blantyre to Rivals School of Martial Arts, on the following principal terms and conditions:- the lease will be to Rivals School of Martial Arts the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease, subject to being satisfied as to the operation of the subjects by the Trust and evidence of the community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 7. Financial Implications 7.1. If the lease outlined in this report is approved by Committee, it will remove liability from the Council for current maintenance, void property costs and the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy Fund, established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 45
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10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 46
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Former Crawford Village Hall, 87 Carlisle Road, Crawford – Concessionary Lease to the Crawford Elvanfoot and Dear Action Resource 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the former Crawford Village Hall, 87 Carlisle Road, Crawford ML12 6TP to the Crawford, Elvanfoot and Daer Action Resource (CEDAR) request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Crawford Village Hall, Crawford ML12 6TP be leased to the CEDAR, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at Crawford Village Hall, G74 1BD; are currently managed by South Lanarkshire Leisure and Culture (SLLC). 3.2. Following a review of it’s business plan, the Board of SLLC announced that it could not sustain service delivery from various facilities and as a consequence, control of Crawford Village Hall was returned to the Council. 3.3. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement is viable. 3.4. CEDAR was constituted on 13 June 2024 as a Scottish Charitable Incorporated Organisation (SCIO) as a vehicle to support their interest in a potential full Community Asset Transfer (CAT). 11 47
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The Group approached the Council with a request for a concessionary lease of the subjects to enable them to operate the facility, whilst testing the viability of their business model. 3.5 At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.6. Property 3.6.1. The property is a single storey building with a main hall linked to kitchen and toilet areas. Car parking is provided via public car parking situated adjacent to the building. 3.6.2. The facility was formerly leased to SLLC, and there are no other operational uses for the building. 3.6.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.7. Organisation 3.7.1. Although the organisation was newly established as a Scottish Charitable Incorporated Organisation (SCIO), Scottish Charity No. SC053437 in June 2024, key members have been active in the community as part of Crawford and Elvanfoot Community Council since the pre-covid period. There are strong local connections and knowledge of the facility within the group. 3.7.2. The purposes of the organisation include:- ♦ advancement of rural regeneration and community development ♦ to promote conservation, protection, and improvement of the physical and natural environment ♦ to encourage access to open spaces and enhance recreational opportunities for the benefit of the community 3.7.3. CEDAR works with several local groups and organisations in the Crawford area. The groups include Crawford Bowling Club, Repair Café and Crawford Camera Club. Public consultations have produced strong messages of support – 75% of residents backing the idea that the hall should be owned and run by local development groups. 3.7.4. CEDAR have been developing processes and procedures to help with the smooth transition from SLLC management, and this is on track to gain funding awards (Scottish and Southern Energy Wind Farm monies). This gives an element of comfort given their knowledge of the facility and relevant funding needs. 3.7.5. The organisation has 11 trustees and access to local volunteers to assist with operational aspects of the facility. 3.8. Project 3.8.1. The proposal is to take on all operational aspects of the community centre and to run the facility independently. This will lever the skills and resources of the current management committee and help validate income and expenditure, to support a business plan for full CAT application. 3.8.2. The organisation has several ideas for the use of the facility and it’s potential links with tourist routes and is keen to ensure continuity of community usage going forward. 48
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3.8.3. The organisation has assessed the costs of operating the facility based upon its current experience and guidance from SLLC. The members have previous experience of grants, and alongside close working with a local Community Development worker from Community and Enterprise Resources, this will ensure a commercial focus is maintained to support sustainability. 4. Assessment 4.1. CEDAR has experienced trustees and is working closely with support organisations to progress their CAT interest. The organisation has strong local connections and their application demonstrates a depth of community backing. 4.2. The property is suitable for the proposed use and the organisation has the capacity to manage the facility. 4.3. The grant of the concessionary lease will enable the facility to continue to provide community usage and relieve the Council of responsibility for associated operational costs. 4.4. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 4.5. The Council has no alternative operational requirement for the subjects, and should the lease prove unsustainable, the Council will have the ability to resume full ownership and consider the future of the property and may resile from the contract in the event of a major repair being identified. 5. Proposal 5.1. It is proposed to grant a lease of Crawford Village Hall, 87 Carlisle Road, Crawford ML12 6TP, to CEDAR (SCO 53437) on the following principal terms and conditions:- the lease will be to Crawford, Elvanfoot and Daer Action Resource the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease, subject to being satisfied as to the operation of the subjects by the Charity and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 49
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7. Financial Implications 7.1. If the lease outlined in this report is approved by committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as public consultation by the Charity themselves. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 50
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Kirktonholme Hall, 110 Kirktonholme Road, West Mains, East Kilbride – Concessionary Lease to Calderwood Baptist Church 1. Purpose of Report 1.1. The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the Kirktonholme Hall, 110 Kirktonholme Road, West Mains, East Kilbride G74 1BD to Calderwood Baptist Church request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Kirktonholme Hall be leased to Calderwood Baptist Church subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at Kirktonholme Hall, 110 Kirktonholme Road, West Mains, East Kilbride, G74 1BD are currently managed by South Lanarkshire Leisure and Culture (SLLC). 3.2. Following a review of its business plan, the Board of SLLC announced that it could not sustain service delivery from various facilities and as a consequence, control of Kirktonholme Hall was returned to the Council. 3.3. In 2024, the Council introduced the Community Fightback Fund. This allowed SLLC to continue to operate various facilities in the short term, whilst endeavours were made to identify local organisations who would consider continuing to operate it on behalf of the community. This would entail the interested parties applying for a concessionary lease, with a view to ascertaining if a more permanent arrangement was viable. 3.4. Calderwood Baptist Church approached the Council with a request for a concessionary lease, to enable the facility to remain open as a community centre to serve the local area. The lease will enable them to operate the facility whilst developing an application for a longer lease in future via the full Community Asset Transfer (CAT) process. 12 51
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3.5. At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.6. Property 3.6.1. The property is a single storey building with 2 halls, a kitchen and toilets. Car parking is provided via public car parking situated adjacent. 3.6.2. The hall was historically leased to SLLC, who operated it as a community facility. There are no other operational uses for the building. 3.6.3. The Planning Service has indicated that planning consent will not be required as there is no change of use. 3.7. Organisation 3.7.1. Calderwood Baptist Church operate from their church premises in Maxwellton Road, East Kilbride, which they have managed since 1974. 3.7.2. In addition to their church hall, the Church also operates the Hunter House premises in Calderwood, East Kilbride, which was purchased from the Council in 2012. This is a highly successful community café and meeting space. 3.7.3. The purpose of the organisation is: “the advancement of the Christian faith and the relief of poverty and other social challenges”. 3.7.4. The organisation has 3 trustees, a leadership team of 10 individuals, 131 members and around 150 volunteers. 3.8. Project 3.8.1. The applicant will continue to operate the facility as a community hall, and through it’s management, develop additional activities which will evidence a sustainable operating model and support a future CAT application. The grant of a concessionary lease will allow the organisation to assess the viability of the proposal. 3.8.2. The organisation has to date had discussions with other hall users who have intimated that they are keen to support the development and operation of the facility. 3.8.3. The organisation has assessed the costs of operating the facility and is confident that along with other hall users it’s income generation will cover the overheads associated with the halls operation. 4. Assessment 4.1. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of a concessionary lease will enable the facility to remain open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 52
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4.4. The Council has no alternative operational requirement for the subjects and should the lease prove unsustainable for Calderwood Baptist Church, the Council will have the ability to resume full ownership and consider the future of the property, however, it is anticipated that a formal application for CAT will be forthcoming. 5. Proposal 5.1. It is proposed to grant a lease of Kirktonholme Hall, East Kilbride, to Calderwood Baptist Church, on the following principal terms and conditions:- the lease will be to Calderwood Baptist Church the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease subject to being satisfied as to the operation of the subjects by the Trust and evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 7. Financial Implications 7.1. If the lease outlined in this report is approved by committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and Renewable Energy that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Requirements 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Arrangements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. 53
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Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 54
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Report Agenda Item Report to: Housing and Technical Resources Committee Date of Meeting: 5 March 2025 Report by: Executive Director (Housing and Technical Resources) Subject: Strathaven Park Sports Pavilion, John Hastie Park, Strathaven – Concessionary Lease to Strathaven Community Tennis Club 1. Purpose of Report 1.1 The purpose of the report is to:- [purpose] advise the Committee of the request for concessionary lease, of the Strathaven Park Sports Pavilion, John Hastie Park, Strathaven, ML10 6LZ to Strathaven Community Tennis Club request approval to the principal terms and conditions of asset transfer as set out in Section 5 of the report [1purpose] 2. Recommendation(s) 2.1 The Committee is asked to approve the following recommendation(s):- [recs] (1) that the former Strathaven Park Sports Pavilion, John Hastie Park, Strathaven ML10 6LZ be leased to Strathaven Community Tennis Club, subject to the terms and conditions outlined in Section 5 of the report; and (2) that the Executive Director (Housing and Technical Resources), in conjunction with the Head of Administration and Legal Services, be authorised to conclude all matters in respect of the lease and enter into the necessary legal agreements on terms which are in the best interests of the Council. 3. Background 3.1. The subjects at Strathaven Park Sports Pavilion, John Hastie Park, Strathaven were, until recently, managed by South Lanarkshire Leisure and Culture (SLLC). 3.2. Following a review of its business plan, SLLC Board announced that it could not sustain service delivery from this facility and control was returned to the Council. 3.3. In recognition of the potential impact upon communities, the Council invited local organisations to continue to operate these facilities by leasing them on a concessionary lease with a view to ascertaining if a more permanent arrangement was viable. 3.4. Strathaven Community Tennis Club who operate a nearby tennis court and have benefited from the use of the pavilion in the past, approached the Council with a request for a concessionary lease to enable the facility to remain open for use by both them and the Avondale Bowling Club who use the adjacent bowling rink, whilst testing the viability of a future Community Asset Transfer (CAT). 13 55
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3.5. At this point, this is not a formal CAT request in terms of the Community Empowerment (Scotland) Act 2015, however, the application to lease has been assessed following the established CAT procedure. 3.6. Property 3.6.1. The extent of the property is shown on the attached plan, and as there is no change of use or development, consequently, planning consent will not be required. 3.6.2. The facility was historically leased to SLLC, who in turn allowed the property to be used by Avondale Bowling Club. There are no other operational uses for the building. 3.7. Organisation 3.7.1. The facility was operated by SLLC and used by the Avondale Bowling Club who played on the adjacent rink. It was also used by Strathaven Community Tennis Club as a changing facility as it is situated close to their tennis court. 3.7.2. Strathaven Community Tennis Club have applied for the lease on the property and have intimated that they will continue to allow the Avondale Bowling club use of the facility. 3.7.3. Strathaven Community Tennis Club have existed for over 10 years as an unincorporated, not for profit community organisation, operating under a basic sporting club constitution. They currently lease the adjacent tennis courts from the council and are halfway through a 20-year lease. Strathaven Community Tennis Club were responsible for securing the funding to refurbish the tennis courts and install floodlighting. Accordingly, they have shown the capacity to develop and operate the site. 3.7.4. It should be noted that Strathaven Community Tennis Club have submitted an application to the office of Scottish Charity Regulator (OSCR) to obtain the status of a Scottish Company Incorporated Organisation (SCIO), and this application is pending. The purpose of the organisation is to develop and operate the Tennis facility within Strathaven Park. The organisation has 11 trustees, 143 members and 10 volunteers. 3.8. Project 3.8.1. The proposal is for the applicant to continue to operate the pavilion as a changing area and club house. The grant of a concessionary lease will allow the organisation to assess the viability of developing their own site and the facility itself. 3.8.2. The organisation will be eligible for funding support from the Renewable Energy Fund (REF), and this will allow support for both revenue and capital funding to continue to operate the building greatly reducing the risk of failure in the short term. 4. Assessment 4.1. The property is suitable for the proposed use and the organisation has the capacity and funds to manage the facility. 4.2. The grant of the concessionary lease will enable the facility to remain open and relieve the Council of the costs of empty property rates, utility charges, insurance costs and repairs. 4.3. The risks associated with the proposed lease are considered low, given both the status of the organisation and that the request is for a short-term lease. 56
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4.4. The Council has no alternative operational requirement for the subjects. Should the lease prove unsustainable for Strathaven Community Tennis Club, the Council will have the ability to resume full ownership and consider the future of the property, however, it is anticipated that a formal application for CAT will be forthcoming. 5. Proposal 5.1. It is proposed to grant a lease of Strathaven Park Sports Pavilion, Strathaven, to Strathaven Community Tennis Club, on the following principal terms and conditions:- the lease will be to Strathaven Community Tennis Club the lease will be for 1 year date of entry to be agreed the rental is £1 per annum, if asked the lease to be fully repairing and insuring. Neither the tenant nor the landlord will be responsible for any major repair works that may be required to the premises and may resile from the contract in the event of a major repair being identified the tenant will be required to obtain and exhibit as required, public liability insurance to the value of £5m for any one claim the Council will insure the property and recover the costs from the tenants the use will be for a sports facility and community centre the tenants to be responsible for any rates or property charges resulting from their occupation and use of the subjects assignation and subletting (excluding hourly lets) will not be allowed without the Council's express consent each party to be responsible for their own legal costs, however, the tenants will require to pay any registration fees and Land and Buildings Transaction Tax (LBTT) if required 5.2. At the expiry of the lease, the Council will consider renewal of the lease, subject to being satisfied as to the operation of the subjects by the applicant and the evidence of community benefits. 6. Employee Implications 6.1. There are no employee implications as the facility is currently closed. 7. Financial Implications 7.1. If the lease outlined in this report is approved by committee, it will remove the costs of operating this asset from the limited-period Community Fightback Fund and REF that were established by the Council in 2024. 8. Climate Change, Sustainability and Environmental Implications 8.1. There are no issues in relation to climate change, sustainability and the environment contained within this report. 9. Other Implications 9.1. There are no other implications in terms of the information contained in the report. 10. Integrated Impact Assessment and Consultation Requirements 10.1. Consultation has taken place with Community and Enterprise, Planning, Legal and Finance Services as well as having been published for public consultation. 10.2. This report does not introduce a new policy, function or strategy or recommend a change to an existing policy, function or strategy and therefore, no impact assessment is required. 57
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Stephen Gibson Executive Director (Housing and Technical Resources) 3 February 2025 Link(s) to Council Values/Priorities/Outcomes Accountable, effective, efficient and transparent Caring, connected, sustainable communities. Previous References None List of Background Papers None Contact for Further Information If you would like to inspect the background papers or want further information, please contact:- Craig Jardine, Head of Property Services Ext: 4073 (Tel: 01698 454073) E-mail: craig.jardine@southlanarkshire.gov.uk 58
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