9. CAT - Cabinet - 24.01.2023 -
North Ayrshire Council · 24 January 2023
Back to Cabinet — 24 January 2023 and its agenda
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NORTH AYRSHIRE COUNCIL 24 January 2023 Cabinet Title: Community Asset Transfer – Toilet Block and adjacent land at Ardrossan South Beach Purpose: To seek approval, in principle, for a 25-year lease of the toilet block and adjacent land at Ardrossan South Beach to Ardrossan Community Development Trust. Recommendation: That Cabinet: a) Agrees, in principle, to the 25-year lease of the Toilet Block and adjacent land at Ardrossan South Beach between North Ayrshire Council and Ardrossan Community Development Trust, subject to the satisfactory conclusion of the Council’s Community Asset Transfer process, including the requirements detailed in paragraph1.3; b) Approves the recommended terms of transfer on this occasion as a £6,000 in annual rental fee (a total of £150,000 over the 25-year period of the lease); and c) Authorises officers to conclude the associated legal and community asset transfer processes with regard to the lease. 1. Executive Summary 1.1 The report proposes agreement that a lease should be developed, under the community asset transfer process, of the existing toilet block and adjacent land at Ardrossan South Beach, South Crescent Road, Ardrossan between Ardrossan Community Development Trust and North Ayrshire Council. 1.2 The lease to Ardrossan Community Development Trust (ACDT) will allow the area to be developed with funding secured from The National Lottery Communities Fund, Scottish Government’s Regeneration Capital Grant Fund, North Ayrshire Council and other funders. This will enable ACDT to progress works, for which planning permission has been granted, in order to enhance local facilities including the creation of a new children’s play facility and beach visitor facilities. 1.3 This report is being brought to Cabinet at an early stage in the Community Asset Transfer (CAT) process because of the time-critical nature of the funding. It recommends that Cabinet agrees, in principle, to the lease subject to the satisfactory completion of the CAT process including:
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• Locality Officers’ assessment of the full application; • Assessment by Legal Service of the full application, including assessing ACDT governance documents in line with the CAT requirements of the Community Empowerment (Scotland) Act 2015; • Assessment by Financial Services and Property Maintenance and Investment teams to ensure that the public interest is protected and that the organisation can maintain the assets; • Assessment of the ACDT Business Plan by Council’s Business Team to ensure that the organisation is a ‘going concern’ and can meet the financial implications of the CAT; • Agreement with Planning, Regeneration, Roads, PMI, Streetscene and CPP partners, as appropriate, to ensure that the public safety and access is protected; and • Delivery of the full statutory public consultation and any subsequent objections satisfactorily concluded. 1.4 It is recommended that a £6,000 annual rental fee (a total of £150,000 over the 25- year period of the lease) be applied to this CAT, reflecting the investment to date and the potential social return on investment. 1.5 Once the assessment is completed and is satisfactory, it is requested that Council Officers are authorised to progress through the full stages of the CAT process, with any outstanding issues brought back to Cabinet for decision. 2. Background 2.1 Under the terms of the Community Empowerment (Scotland) Act 2015, community asset transfer provides an opportunity for people to be involved in developing and providing opportunities or services for their local communities. It may also allow groups to develop commercial ventures, which will support community benefit. Asset transfer may also mean that public assets get used more frequently and more effectively. Furthermore, community-led ownership may allow additional opportunities for groups to secure extra funding or resources. Ardrossan Community Development Trust 2.2 Following the Three Towns’ Charrette in summer 2017, Ardrossan Community Development Trust was established in 2019 to take forward the local ideas and to engage in activities that benefit and support the community of Ardrossan. ACDT works to attract funding to resource local projects and activities and administer those funds in accordance with their constitution. ACDT works towards increasing local opportunities, endeavours to improve the physical environment, attract more visitors and revive the sense of pride in the town. Their key aims (benefiting principally the community of Ardrossan) are: • The advancement of community development including the advancement of urban/rural redevelopment; • The maintenance, regeneration and improvement of the community’s physical economic, social and cultural infrastructure; and • The advancement of education, training, arts, culture, heritage, sports, recreation, environmental improvement, social and economic wellbeing.
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2.3 The Trust was established to succeed the National Lottery’s Our Place programme and continue with community development within Ardrossan, including the completion of the proposed playpark for the town. This secured the £250,000 investment from National Lottery’s Our Place programme and the preferred site is on land owned by North Ayrshire Council at Ardrossan South Beach. ACDT has a full Board and recently secured Community Investment Funding from The Three Town’s Locality Partnership for a Community Development Officer. The Trust has held consultations and public engagement and is now one of the largest Community Development Trusts in Scotland with over 400 members. ACDT is supported by both the Development Trusts Association Scotland (DTAS), CEIS and the Connected Communities team to strengthen and develop the skills and expertise of Directors. A new engaging and informative website was launched in 2020 and provides detailed information on projects being developed within Ardrossan and can be found at www.ardrossantrust.org. Ardrossan South Beach Proposals 2.4 While the planning for the playpark has been developing, two further projects were launched: • Deckchair loans, which is part of the objective to develop ideas and actions to help coasts and waters, including being more resilient to climate change: and • Beach-accessible wheelchair loans. A container was installed beside a disused toilet block to house the free deckchair and wheelchair services. 2.5 A proposal was also put to the Council to re-purpose the toilet block to provide modern beach visitor facilities, including a café, and planning permission was granted. A Scottish Government Regeneration Capital Grant Fund award of £748,000 was secured for this project. In August 2022, planning permission was granted to demolish the toilet block and re-build with a more environmentally sustainable building within the same footprint as the existing building. 2.6 The lease of the toilet block and adjacent land at Ardrossan South Beach (Plan of Ardrossan South Beach Toilet Block and adjacent land – Appendix I) will provide a sustainable base for local community activity that meets the aims of ACDT. 2.7 The proposed improvements will be completed in a phased approach: 2.7.1 Phase 1 – July 2023 • A hub area will be created on the grounds of the existing toilet block creating a focal point for visitors to the promenade. The hub will include public toilet facilities and will be fully accessible with an additional changing place facility. • The hub will also include a new café area giving the wider community a new space where they can meet and interact. • At the rear of the hub there will be a storage space to service the crazy golf and hire of the free to use Hippocamp wheelers and deckchairs. • The new area will include Swing Play, adding accessible basket swings and a wheelchair accessible swing. • Rotating play equipment will include roundabouts accessible to people in wheelchairs. • The former 18-hole crazy golf course will be fully reinstated with 2.4metre flagpoles in bright colours.
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• Beach Huts will be constructed of steel cladded in painted timber to be used by community groups and for social enterprise • A Hedge Maze will add play value and provide some shelter. 2.7.2 Phase 2 – dependent on future funding • The creation of an Events Area is a future phase which is not yet funded. ACDT have secured Planning Permission for this development and any changes will be made in partnership with Council officers and subject to public consultation as part of securing new Planning Permission. 2.8 The advice of Streetscene has been provided with regard to on-going grounds maintenance, sustainability and the suitability of planting in salt winds. ACDT has adjusted its proposals as a result of this. Streetscene has agreed to work with ACDT to ensure that within the terms of the lease the ongoing maintenance is in line with the existing Streetscene standard and will be subject to annual review. 2.9 The project will deliver transformational change for Ardrossan, improving the appearance and attractiveness of the promenade. The creation of a new play facility will bring accessible facilities for disabled users, especially those who are wheelchair ambulant. It will include wheelchair swings and roundabouts and additional accessible features. This additional swing park area will complement the existing playpark. The existing playpark will remain within Streetscene’s remit. ACDT is working with Streetscene regarding the regulatory weekly inspection of the play equipment. 2.10 The addition of new beach huts will create new community assets, promoting social enterprises and providing a place on the promenade where local businesses can provide services to the community and its residents. 2.11 Full Planning Permission has been granted, however ACDT does not intend progressing the following elements on the advice of the Council’s Streetscene team due to the intensive and costly maintenance: • The Wavefield • Climbing Boulders (to complement the Wavefield) • Ship Wind Vanes • Mini Castles on the Mound • What’s Washed up on the Beach. The revised phased approach is detailed in Appendix 2. Community Asset Transfer Process 2.12 The community asset transfer process will not transfer from the Council. Leasing under the community asset transfer process permits the Council to exercise its rights under the Community Empowerment (Scotland) Act 2015 to evaluate its Best Value duty in terms of social value, rather than monetary best value. Granting a lease in this way means that the community organisation is not charged commercial rates, as the Council recognises that the greater opportunity is for the community to benefit from local community operational management. This CAT will facilitate the development of range of events and activities within the enhanced area, encouraging a wider range of people
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to get involved, giving opportunities for local volunteering and stimulating involvement in shaping and regenerating community life, building self-esteem and confidence. In addition, the creation of the beach huts will support local business enterprise, with profits being used to sustain ACDT’s projects. 2.13 Although Ardrossan South Beach attracts a significant number of visits, especially in the height of summer, there are currently limited facilities on the promenade to support visitors. The planned projects will regenerate the area and will not only give the local community a sense of pride in their promenade but provide a place where they can meet and be active. The facilities will encourage tourism to the local area and in turn improve the local economy, increase social enterprise and employment opportunities. 2.14 Securing ownership through a 25-year lease, enhancing the assets and increasing the range of events and activities within an improved facility will encourage a wider range of people to get involved. Participants will benefit from being more physically active and engaged in sport. This will support several strategic and policy areas relating to the delivery of North Ayrshire’s Active Communities Strategy, the Local Outcome Improvement Plan’s Wellbeing priority, the National Performance Framework’s priorities of physical activity and positive mental health and wellbeing, and Public Health Priority 6, Diet and Healthy Weight. Opportunities for local volunteering will increase, stimulating involvement in shaping and regenerating community life, building self- esteem and confidence. Alignment with Strategic Plans 2.15 The Regeneration Delivery Plan sets out the Council’s Plans for delivering on the ambitions of the Council Plan and Community Wealth Building Strategy. This seeks to redevelop strategic regeneration sites, working in partnership with communities. The CAT will therefore contribute to the delivery of the Regeneration Delivery Plan themes of: • Strengthening Communities; • Inclusive and Green Economy; • Placemaking; and • Enabling Infrastructure. 2.15.1 It will contribute to the objectives of the Scottish Government’s Regeneration Strategy by supporting the creation of a sustainable place, created through and supported by a holistic and collaborative approach. 2.15.3 The development will contribute to the priorities of Scotland’s Economic Strategy by prioritising investment to ensure that Scotland protects and nurtures its natural resources and captures the opportunities offered by the transition to a more resource efficient, lower carbon economy. It will contribute to achieving the outcomes outlined in the Scottish Government’s Programme for Government 2021-22 of: “We value, enjoy, protect and enhance our environment; We live in communities that are inclusive, empowered, resilient and safe; We are healthy and active; and We tackle poverty by sharing opportunities, wealth and power more equally.” 2.15.4 It will deliver against the key priorities of Town Centre Action Plan of town centre
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first, town centre living, vibrant local economies, enterprising communities and accessible public services. In doing so it accords with the Town Centre First Principle by putting town centre health at the heart of decision making and seeking to deliver the best local outcomes to support vibrancy, equality and diversity. The project aligns with the North Ayrshire Local Development Plan aspirations to support delivery of community priorities, sustainable tourism opportunities and enhancement of local landscape. 2.15.5The proposal demonstrates the delivery on the ground of the Place Principle as it will promote a shared understanding of place for the Promenade. It will be delivered through a collaborative approach to achieve better outcomes for users and local communities. This will result in the facilities becoming more flexible and able to respond to and be used for local needs and aspirations. This will contribute to achieving the full potential of the seafront including the identified buildings in line with the CWB Strategy. 2.15.6 The rebuilding of the toilet block accords with the Climate Change Plan and North Ayrshire Environmental Sustainability and Climate Change Strategy. It will contribute to achieving the target of net-zero carbon emissions by: • Utilising sustainable construction methods and materials to minimise the impact of the works • Making the former toilet block more energy efficient thereby reducing energy consumption and waste • Bringing a current unused / underutilised resource back into positive use and management • Promoting and supporting active travel for journeys to and from South Beach and across Ardrossan • Improving the awareness and understanding of local communities and visitors on sustainability, climate change and the transition to net-zero. The regenerated facilities will be utilised to showcase and raise awareness of this agenda. This aligns with the recently adopted North Ayrshire Environmental Sustainability and Climate Change Strategy and will contribute to the delivery of its workstreams. 2.16 The project and proposed approach to delivery accords with the Community Empowerment Act and aligns with Part 5 of the Act to buy, lease, manage or use land and buildings belonging to Local Authorities. The project contributes to the delivery of the Capacity Building Priority in the North Ayrshire Community Learning and Development Strategic Plan 2021-24. This aims to support community organisations and groups seeking to secure local management/control of community assets, through lease, ownership, or management. Partnership approach 2.17 A strong working relationship has existed between ACDT and the Council since the Trust’s inception. The Three Towns Locality Partnership and Community Planning Partnership, local Elected Members and the Council have been supportive of the developments at Ardrossan South Beach. This has led to the support in principle for Community Investment Funding to support the project and the Trust. The Three Towns Locality Officer and Community Development officers provide day to day support to the group and are fully supportive of the project. This has been further augmented with
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officer resource from the Regeneration Team to assist in the preparation of funding applications and the delivery of the project. The commitment to this support will be sustained by the Council throughout the delivery of the project. 2.18 The Trust also works in partnership with a range of local regional and national organisations including Sustrans, Cunninghame Housing Association, Whitlees Centre, Ardrossan Community Association, Ardrossan Castle Heritage Society, and the local branch of the British Legion. The Trust also incorporates the Ardrossan Christmas Lights Committee who have helped improve infrastructure and better seasonal lighting. Public Consultation 2.19 In February 2020 an external consultancy, Wave Particle, carried out a two day, community workshop to discuss how the community could use green spaces for a playpark and crazy golf course. In addition, in August and September 2021, ACDT and its project partners organised a Community Engagement Day event. The event encouraged residents of Ardrossan and South Beach to see the plans for the regenerations of the area, ask questions, raise any concerns and meet with key project partners to get a clear idea of the regeneration proposals. A total of 194 people attended the event. ACDT also commissioned IBP research to carry out a survey within the community to ascertain what the community wanted for the promenade. The feedback from these events and activities have helped shape the planned developments. 2.20 Based on a survey of 438 local people carried out in September 2021: • 89% believed that Ardrossan would become a more attractive place to live and work when the South Beach Regeneration is completed, whilst 92% believed it would deliver better facilities and amenities for the people of Ardrossan. • 77% thought that the focus on providing people with opportunities to be more active would lead to increased physical health and fitness. With links between outdoor activity and mental health well established, 82% of people said the project will lead to improved mental health and wellbeing. • Most people (89%) said the physical regeneration of the South Beach promenade and the investment made in the town, would increase people’s pride of living in Ardrossan. • 95% said that the development will increase the use of the beach and its facilities by disabled people, making Ardrossan a better place to live for people with disabilities and sensory impairments - with the opportunity to access the beach and use the promenade for leisure increase the potential to improve physical and mental health of disabled people. • Most respondents (87%) thought that the redevelopment of South Beach will have a positive impact on the safety of the local area whilst 89% acknowledged South Beach was a great place for the community to meet and socialise, and the project would therefore help increase community cohesion. • Although the current playpark is well-used by children, it is perceived to be not very attractive and lacking excitement. 82% of interviewees believe new and improved play facilities will challenge children and young people to become more active and learn by doing so.
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• Economically the benefits envisaged from the project will also be significant. 91% believed that the project will attract more visitors to Ardrossan for leisure purposes who will spend money on their visit – with residents of Ardrossan similarly more encouraged to stay locally for leisure purposes rather than go elsewhere. • 92% of people believed that the development would act as a catalyst for further investment and funding from elsewhere. 2.21 To better understand the transformational nature of the project and the potential value created for its stakeholders of the impacts set out above, a Social Return On Investment (SROI) forecast was commissioned for from Social Value Lab. SROI provides a framework for measuring and accounting for the full social, economic and environmental impact of activities, including finding ways to put a monetary value on these impacts and calculating a ratio of return for those organisations that are contributing to create the changes which the project is enabling locally. 2.22 This SROI forecast covers the capital investment of the first phase of the South Beach Promenade Regeneration project. The study examined the research and stakeholder consultation and mapped the anticipated range of outcomes against the Scottish Government’s regeneration outcomes defined in the “Achieving A Sustainable Future” Regeneration Strategy. SROI uses financial proxies to establish a monetary value of intangible outcomes and then expresses the Social Return value as a ratio, with the value of the impact divided by the value of the investment. The study concluded that for every £1 of investment in the project £5.68 of Social Value would be created. The Community Empowerment Act 2.23 The Community Empowerment Act provides that while relevant authorities have a duty to secure Best Value in their operations, including when disposing of or letting property, it has long been recognised that best value does not always mean the highest possible price. All authorities have the ability to dispose of property at less than market value where there are wider public benefits to be gained. This is set out in the Disposal of Land by Local Authorities (Scotland) Regulations 2010, and in the Scottish Public Finance Manual for other relevant authorities. The financial and non-financial impacts, both positive and negative, of the different options must be balanced. The price proposed reflects the investment the Trust plans to make, and full community ownership will facilitate the implementation of comprehensive business plan proposals for envisaged development. 2.24 All Community Asset Transfer agreements are safeguarded with ‘claw-back’ provisions. Other safeguards will be set out in the lease and any additions to plans will require new Planning Permission, including public consultation. 2.25 This report is being brought to Cabinet at an early stage in the Community Asset Transfer (CAT) process because of the time-critical nature of the Scottish Government’s Regeneration Capital Grant funding, which needs to be committed before the end of March 2023. That requires the tender process to be complete, and the lease must be
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secured in order to start tender processes. The increase in building costs adds a second time imperative with the need to act swiftly on quotations to avoid cost escalation. Concluding the Community Asset Transfer Process 2.26 It is recommended that a £6,000 annual rental fee (a total of £150,000 over the 25-year period of the lease) be applied to this CAT, reflecting the investment to date and the potential social return on investment. 2.27 Once the officer assessment has been satisfactorily completed, it is requested that Council Officers be authorised to progress through the full stages of the CAT process. 2.28 Any outstanding issues will be brought back to Cabinet for decision. 3. Proposals 3.1 It is proposed that Cabinet: a) Agrees, in principle, to the 25-year lease of the Toilet Block and adjacent land at Ardrossan South Beach between North Ayrshire Council and Ardrossan Community Development Trust, subject to the satisfactory conclusion of the Council’s Community Asset Transfer process, including the requirements detailed in paragraph 1.3; b) Approves the recommended terms of transfer on this occasion as a £6,000 in annual rental fee (a total of £150,000 over the 25-year period of the lease); and c) Authorises officers to conclude the associated legal and community asset transfer processes with regard to the lease. 4. Implications/Socio-economic Duty Financial 4.1 Through the transfer of the assets, the Council will achieve an income of £6,000 per annum for the 25-year period of the lease. This totals £150,000 over the 25-year period. There is loss of income to NAC in relation to the transfer of these assets due to the loss of the direct income to the Council from the fair ground operator and other ad hoc events. In addition, in partnership with NAC, ACDT have already attracted RCGF funding totalling £748,000 to fund the hub. Legacy Big Lottery (now The National Lottery Communities Fund) funding totalling £249,584 towards the play area has been secured and North Ayrshire Council has allocated funds of £10,416 towards Active Travel infrastructure. Human Resources 4.2 None. Legal 4.3 The approval is subject to satisfactory assessment by Legal Services and the support of the Legal Services team in relation to the development of a lease. The Local Government (Scotland) Act 1973 places a statutory obligation on the Council to obtain the best price or the best rent when it disposes of any asset by sale or lease. These
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regulations permit a disposal at less than the best price achievable where either (a) the property is valued at less than £10,000, or (b) the Council has compared the financial cost of transfer against the community benefits and determined that the transfer is reasonable and promotes either economic development or regeneration, health, social well-being or environmental well-being. Equality/Socio-economic 4.4 There will be considerable socio-economic benefits from the community asset transfer of the toilet block and adjacent land and these are outlined in the feedback from local people. The sum proposed reflects the community benefits. These include a variety of positive impacts, for the community of Ardrossan and the surrounding area. Climate Change and Carbon 4.5 The transfer seeks to provide sustainable community facilities outlined at paragraph 2.15.4. The initiatives, which the CAT will support, encourages the Active Travel network and includes the building of a more environmentally sustainable building with integrated roof-mounted solar panels. Key Priorities 4.6 The proposals contained within the report support the following North Ayrshire Council Plan priorities: • Active and strong communities; • Inclusive, growing and enterprising local economy; • People enjoy good life-long health and wellbeing; and • Vibrant, welcoming and attractive places. Community Wealth Building 4.7 This proposal supports the following pillars of community wealth building: • Advancing community enterprises; • Advancing local ownership of underused land and buildings; and • Supporting local business activities and increasing the variety of ownership models. 5. Consultation 5.1 Officers have sufficient confidence that there is public and Council services support to bring this CAT request at an early stage because of the amount of consultation already carried out. This will facilitate the delivery of the project. The initiation of ACDT and the projects in this report stemmed from The Towns Charrette with local people in 2017. Further specific consultation and engagement has been carried out and is detailed in the report. The statutory public consultation required in terms of the Community Empowerment (Scotland) Act 2015 for a community asset transfer application is currently ongoing. 5.2 Elected Members have been briefed and are supportive.
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5.3 Consultation is currently taking place with Economic Development, Streetscene, Finance, Estates, Property Maintenance and Investment, and Legal Services regarding operational implications and the development of the lease. All parties are supportive of the proposal for the listed assets. Streetscene’s advice has been welcomed by ACDT and has informed changes to proposals to ensure that grounds maintenance stays within current Streetscene affordability and is annually reviewed. Audrey Sutton Executive Director (Communities & Education) For further information please contact Rhonda Leith, Head of Service (Connected Communities), on (01294) 324415. Background Papers Appendix 1: Plan of Ardrossan South Beach Plan Appendix 2: Ardrossan South Beach Phased Approach
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