Item 8(1)
Report to the Executive for Decision
20 July 2009
Portfolio:
Subject:
Report of:
Strategy/Policy:
Corporate
Objective:
Community / Policy, Strategy and Finance
Petition: Request from the Scout Hall Pre School to use
land adjacent Stubbington Scout Hall for outdoor play
Director of Customer Services
Leisure and Cultural Strategy
Leisure for health and fun
Purpose:
The purpose of this report is to respond to the petition that was submitted to the
Executive meeting on 15 June 2009.
Executive summary:
A petition prepared by the Scout Hall Pre-School was presented to the Annual
Council on 14 May 2009 by Councillor Forrest. The petition was subsequently
submitted to the Executive at its meeting on 15 June 2009.
The petition relates to a request to use a piece of land outside the scout hall for an
outdoor play facility for young children who attend the pre-school. The land
currently forms part of the Crofton Community Centre car park and the grounds of
Crofton Court sheltered housing scheme.
At the meeting on 15 June 2009, Members supported the request in principle but
were concerned about the impact it might have on the residents of Crofton Court.
Members were also concerned that someone should take responsibility for the
lease if the proposal was to go ahead, and as the pre-school was a sub-tenant of
the Scout Group, it would be preferable if the Scouts could take on the lease.
It was resolved that:(i)
(ii)
(iii)
the petition be supported, in principle;
officers investigate the options and prepare a report for consideration by a
future meeting; and
the petitioners be advised accordingly.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail –[email protected] ((Tel: 01329 824546)
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Item 8(1)
Officers visited the site and met with the pre-school to understand their needs and
requirements and to see what other alternatives might be available. The scout hall
does in fact back onto the Stubbington recreation ground but unfortunately there is
no direct access out on to the recreation ground from the hall. There is also a well
used path that runs close to the building. Any potential area at the rear of the
building would be small and have no direct access. The area of land proposed
within the petition is really the best option.
A consultation exercise was undertaken by way of a meeting with the residents of
Crofton Court. This was attended by 11 residents of the 39 flats. As this wasn’t a
significant number the Housing Officer contacted many of the residents individually,
especially those that looked out on to the land. A further 10 were contacted bringing
the total to 21 (54%). All were in favour of allowing the Pre-School to use the land
for a play facility with the exception of one who expressed concerns about the affect
the possible loss of vegetation might have on nesting birds.
Discussions have taken place with the First Stubbington Scout Group and, subject
to them being allowed to place a cycle rack on the land, they are agreeable in
principle to include the land into their existing lease as way of a deed of Variation.
Recommendation:
It is recommended that the Executive agrees to the request made by the Scout Hall
Pre-School and give consent to the land in question being used as an outdoor play
area, subject to the Head of Terms outlined in paragraph 18 being agreed by the
Scout Group.
Reason:
In order that the Scout Hall Pre-School can fulfil its obligations in relation to the legal
requirements of Early Years Foundation Stage
Cost of proposals:
All costs in relation to this request including legal and planning permission costs
should be paid by the First Stubbington Scout Group/ Scout Hall Pre School. There
should be no costs to the Council other than Officer time.
Appendices A: Plan showing the location of land required.
B: Risk Assessment
Background papers: None
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
Executive Briefing Paper
Date: 7 September 2009
Subject: Petition: Request from the Scout Hall Pre School to use land adjacent
Stubbington Scout Hall for outdoor play
Briefing by: Director of Customer Services
Portfolio: Community/Policy, Strategy and Finance
INTRODUCTION
1.
A petition prepared by the Scout Hall Pre-School was presented to the Annual
Council on 14 May 2009 by Councillor Forrest. The petition was subsequently
submitted to the Executive at its meeting on 15 June 2009.
2.
At the invitation of the Executive Leader, Councillors Mrs K Mandry and J S
Forrest addressed the Executive meeting for this item.
3.
The petition relates to the use of council owned land outside of the Stubbington
Scout Hall for supervised play by the children attending the Pre-School.
4.
Members supported the request in principle but were concerned about the impact
it might have on the residents of Crofton Court. Members were also concerned
that someone should take responsibility for the lease if the proposal was to go
ahead, and as the pre-school was a sub-tenant of the Scout Group, it would be
preferable if the Scouts could take on the lease.
RESOLVED, that:(i)
the petition be supported, in principle;
(ii)
officers investigate the options and prepare a report for consideration by a
future meeting; and
(iii)
the petitioners be advised accordingly.
SCOUT HUT PRE-SCHOOL
5.
The Scout Hall Pre-School is a non-profiting making organisation that is based in
the scout hall in Stubbington. It has provided early years education for local
children for more than 25 years. Up to 70 children aged between 2 and 5 years
attend each week and there is a waiting list.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
In September 2008, the provision of both indoor and outdoor play became a
specific legal requirement of the Early Years Foundation Stage. The Pre-School is
currently unable to meet this requirement and during September of that year
approached the Council requesting the use of a shrubbed area that is immediately
adjacent the scout hall.
LAND REQUESTED
7.
The area of land which the Pre School would like to utilise as a play space is
approximately 170m2 in size and falls within the remit of both the Community
Portfolio (as half the area forms a landscape back drop to the Crofton Community
Centre car park) and the Policy, Strategy and Finance Portfolio (as half the area
forms part of the curtilage of Crofton Court Sheltered Housing complex). A plan
can been found in Appendix A.
8.
During the last six months discussions have taken place with the Scout Hall preschool and initially their request to use this land had not received the Council's
agreement. There were a number of reasons for this and these are as follows:



9.
Potential for loss of greenery and screening between car park and Crofton
Court.
Potential for the area to be subjected to vandalism and could become a
magnet for acts of anti social behaviour.
Reduces the Council's flexibility should it wish to use the land for other
purposes, this could especially be the case for the land included within the
curtilage of Crofton Court.
Maintenance responsibilities and associated costs.
The above issues are still of some concern, however it may be possible to reduce
them by imposing terms and conditions within any future agreement for the
release of the land.
10. There will be a requirement for the Play School to obtain planning permission from
Fareham Council for the change of use of the land.
FIRST STUBBINGTON SCOUT GROUP
11. Members at its meeting on 15 June 2009 proposed that if the Council did transfer
the land to the Pre-School for the use of an outdoor play space then it should be
undertaken via the current lease with Stubbington Scout Group. A deed of
variation would be proposed.
12. The First Stubbington Scout Group has a 25 year lease on the Scout hall from 1
December 2003. The Council are responsible for exterior and structural repairs to
the building, and the scout group are responsible for internal repairs.
13. Initial contact has been made with the Scout Group and they agree in principle to
extending their lease to incorporate this land subject to further discussions and
agreement of head of terms which can be found in paragraph 18.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
14. In addition to the above the Scout Group wish to use a small area of the land to
install a cycle rack for the Scouts to use. Initially this request had also been turned
down by Council Officers but it would now appear that if the land is going to be
used by the Pre School that room for a cycle rack could be incorporated into the
area at the same time.
FINANCIAL IMPLICATIONS
15. The Council should not incur any financial implications arising from the proposals
put forward by the Scout Hall Pre School or Scout group.
CONSULTATIONS
16. A consultation exercise was undertaken by way of a meeting at Crofton Court.
This was attended by 11 residents of the 39 flats. As this wasn’t a significant
number, the Housing Officer contacted many of the residents individually,
especially those that looked out on to the land. A further 10 were contacted
bringing the total to 21 (54%). All were in favour of allowing the Pre School to use
the land for a play facility with the exception of one who expressed concerns about
the affect the possible loss of vegetation might have on nesting birds.
RISK ASSESSMENT
17. An assessment of the risks and opportunities associated with this decision is
attached at Appendix B.
RECOMMENDATION
18. Members are recommended to agree to the petition from the Scout Hall Pre
School and give consent to the land in question being used as an outdoor play
area subject to the following Head of Terms being agreed by the Scout Group.
Although full negotiations have yet to take place, an in principle agreement has
been reached with them.
(a)
TERM: from a date to be agreed to 30 November 2028. If at some point
within the timescale of the existing lease the land is no longer required
then it could be returned to the Council on 6 months notice, subject to a
reinstatement clause, and the payment of our legal costs to document the
surrender.
(b)
RENTAL: An initial rental of £100 per year. The rent for the garden area
will be reviewed alongside the main rental and so the first review would be
1 December 2013.
(c)
REPAIRS AND MAINTENANCE: The lessee would be responsible for all
work required in creating the garden and the cycle rack area. This would
include the clearance of any future responsibility for vegetation within &
surrounding the plot plus the provision and future maintenance of fencing
and screen planting. The existing sycamore trees are to be retained,
maintained and managed in a safe & healthy condition by the Lessee.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
(d)
PLANNING AND PERMISSIONS: It would be the responsibility of the
lessee to obtain planning permission for the change of use of the land and
the fencing/screen planting. The Lessee should also check with the
various utility companies to make sure that there are no utility pipes or
cables on site that would be affected by the works proposed.
(e)
INSURANCE: The lessee would be responsible for public liability
insurance in respect of the additional area to be leased and must check
with the Scout Association Trust that appropriate and adequate insurance
cover is held.
(f)
COSTS AND DISBURSEMENTS: The lessee would be responsible for
their own and the Council's legal fees and disbursements involved in
documenting the Deed of Variation (estimate £350-£400).
CONCLUSION
19. This report has considered the petition received from the Scout Hall Pre School
and has consulted with both residents of Crofton Court and the Scout Group, the
majority of which appear to support the request to use the land for play provision
for the pre- school.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
APPENDIX A
LAND ADJACENT STUBBINGTON SCOUT HALL
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Item 8(1)
APPENDIX B
RISK ASSESSMENT
Impact
CORPORATE
OBJECTIVES
PARTNERSHIPS
FINANCE AND
RESOURCES
LEGAL
Description
Implications in relation to:
 achieving Corporate
Objectives and Priorities
 Corporate Governance
Responsibilities
Implications for any
existing partnership
arrangements
Risks or opportunities for
new partnerships
Implications in relation to:
 Budget Constraints
 Funding
 Contractual Obligations
or Penalties
 Use of Land or Assets
Implications in relation to:
 Statutory or
discretionary powers
 National Legislation
(e.g. Human Rights,
Data protection etc)
 Failing to comply with
legislative requirements
of service
 Potential litigation action
Potential Risks
Comments
No significant risks.
Potential
Opportunities
No significant
opportunities.
No significant risks.
No significant
opportunities.
This proposal can be
met within existing
budget limits.
Slight increase in
rental income
possibly.
No significant risks.
No significant
opportunities.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail –[email protected] ((Tel: 01329 824546)
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Comments
-9Impact
PERSONNEL
SERVICE
HEALTH &
SAFETY
CRIME &
DISORDER
ENVIRONMENTAL
Description
Potential Risks
Implications in relation to:
 Organisational change
 Employee policies and
conditions
 Skill availability
 Training and
Development
Implications in relation to:
 performance targets
 the operation of the
service
 the need for Change
Management
 Competitive advantage
of the service
 Technological impacts
 Innovation
 The needs of residents,
businesses or visitors to
the Borough
Implications for the Health
& Safety of the Public,
Employees or Members
No significant risks.
Implications in relation to:
 Council’s Section 17
Obligations
 Community Safety
 Anti-fraud and
corruption
Implications in relation to:
 Sustainability
 Public Health
 Physical risks

Item 8(1)
Comments
Potential
Opportunities
No significant
opportunities.
No significant risks.
No significant
opportunities.
No significant risks.
No significant
opportunities.
There is a risk that the
facility could be
subjected to
vandalism and anti
social behaviour.
No significant
opportunities.
Some vegetation will
be lost.
No significant
opportunities.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
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Comments
- 10 Impact
Description
EQUALITY AND
DIVERSITY
Implications in relation to:
 Inclusion
 Equality of access and
opportunity
 Cohesion
 Diversity
Potential Risks
Item 8(1)
Comments
No significant risks.
Contact: Sue Woodbridge, Parks and Open Spaces Manager
E-mail – [email protected] (Tel: 01329 824546)
xco-090720-r09-swo.doc
Potential
Opportunities
No significant
opportunities.
Comments