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1、.Agenda Item No:Report No:Report Title:Ham Lane Boundary WallReport To:CabinetDate:13 September 2006Lead Councillor:Councillor Elizabeth LeeWard(s) Affected:Situated in Priory Ward, but affecting all wards financially Report By:Director of Finance and Community ServicesContact Officer(s):John Magnes

2、sPurpose of Report:To present a revised proposal for the renovation of the Eastern Boundary Wall to the Dripping Pan.Officers Recommendation(s):1 To approve grant funding of £112,000 to the Lewes Football Club towards renovation of the Dripping Pan Eastern Boundary Wall.2 To approve a transfer

3、from the Partnership Fund to the General Fund of £5,000 per year for the next 6 years.3 That the terms of the Grant Funding be agreed by the District Solicitor and Director of Finance and Community Services.:Reasons for Recommendations1 To find a solution that preserves the local heritage of th

4、e Ham Lane flint boundary wall whilst helping the Lewes Football Club improve its ground for the benefit of the Club and the local Community. 2 Information2.1 The proposal approved by Cabinet last November has been tested through the planning system. The general lack of support led to further discus

5、sions between the Council, Lewes Football Club and local objectors.2.2 Lewes Football agreed to take the lead with identifying further solutions and it completed a number of consultations with organisations in Lewes who are keen to see the wall restored for the benefit of future generations.2.3 The

6、latest proposal is to provide emergency access into the ground from a new entrance in the Eastern Boundary Wall. The proposal will see the terracing of the eastern bank inside the Dripping Pan, enable the Club to gain a capacity certificate for up to 4,000 people in the ground, provide emergency ser

7、vice access and an additional public entrance to manage spectators on a limited number of occasions.2.4 There will be minimal disturbance of the inner bank and independent archaeologists will attend at key stages of the works. This means that one significant change to the previous proposal is that t

8、he existing banks will be retained as a feature of the Dripping Pan, except for that part needed to address the emergency access requirement.2.5 Flint piers will be formed to the new access using existing material. Another significant change is that the wall will be renovated wherever possible and w

9、here that is not possible it will be rebuilt. The existing height of the wall will be retained.2.6 From the outset of the renovation programme the Football Club will be responsible for the risk in the renovation works and will indemnify the Council for any incidents arising from land in the Dripping

10、 adjoining the wall or from incidents arising from the wall.2.7 Feedback from representatives of The Lewes Buildings Preservation Trust, The Friends of Lewes and The Lewes Priory Trust has indicated a general acceptance of the above proposal. The Football Clubs initial discussions with the Planning

11、Department have also been productive in that subject to support from the statutory consultation process, the proposal could be supported within the framework of existing planning and conservation policies.2.8 Representatives of the organisations mentioned above, together with the Football Club met w

12、ith the Cabinet Lead Councillor for Community Services to discuss the proposal and an outline programme of action to take the project forward.2.9 The outline programme is shown below:StepActionTarget Date1Football Club submits planning applicationSubmitted 8 August 20062Cabinet considers revised fun

13、ding and delivery proposal13 September 20063Decision on Planning Application3 October 20064Funding and legal agreement between the Council and Lewes Football ClubSigned by November 20065Works commenceAs soon as possible6Target for works to be completed byMain works to ground this calendar year.Works

14、 to the wall ongoing through to March 2008.2.10 The planning application mentioned in step 1 has been registered as number LW/06/0944 and the description noted as Lewes Football Club Dripping Pan (Ham Lane Access) Mountfield Road Part demolition of boundary wall, provision of emergency access and ga

15、tes and construction of viewing terrace for Lewes 2000 FC Ltd3 Renovating the wall3.1 Lewes Football Club has the skills to manage construction contracts as can be seen from its successful track record of ground improvements at the Dripping Pan.3.2 The Club has offered to organise the works and be t

16、he contracting party subject to the current planning application being approved and Cabinet approval to the funding arrangements. It has offered to do this because it coincides with its own plans to undertake a further phase of ground improvements and would enable the works to commence at the earlie

17、st opportunity.3.3 This is a specialist project and the Club has consulted with structural engineers and flint wall craftsmen to determine the scale and implication of the works and the likely cost. The Clubs offer to renovate the wall whilst completing its next phase of ground improvements means le

18、ss disruption for the local community because there will only be one main contractor. The timing and project risks for the Club can also be better managed with only one main contractor.3.4 The Club will be combining these works with its own. It has already commenced project preparation. The Club wil

19、l be assuming the risk in the project. For all these reasons it is considered reasonable to accept the Clubs preferred contractor rather than require three quotes for the works, as would normally be the case when grant funding is provided. The checks that we will carry out to ensure value for money

20、will be an independent examination and approval of the priced specification by the Council before the funding agreement is signed, with reference to market price information available to the Council and work undertaken by other contractors for the Council.4 Financial Appraisal4.1 The latest estimate

21、 for the cost of the works is £175,000.4.2 Lewes Football Club has agreed to fund the first £63,000 of the works, based upon 6 years of its newly assessed rent for the Dripping Pan, as its contribution towards the project. This contribution remains fixed regardless of the finally agreed re

22、nt.4.3 The cost of the works is £175,000 and the Football Club will meet the first £63,000. This leaves a balance of £112,000 to be funded and Cabinet has already approved a budget in the Capital programme to cover this amount. Cabinet could therefore decide to make a grant of this am

23、ount to the Club.4.4 £5,000 per annum rent is currently received from the Club. The rent is actually income to the Mountfield Road Pleasure Ground Trust, rather than income to the Council. The Council acts as “Corporate Trustee” for this Trust. Because the rent from the Club will not be receive

24、d for the next 6 years, the Trust will have an annual shortfall in its income of £5,000 per year, £30,000 in total. In its role as Corporate Trustee, the Council is required to fund by way of a grant any deficit that the Trust incurs. It is therefore proposed that £30,000 of the £

25、;63,000 uncommitted Partnership Fund balance is used to cover this sum over the next six years.4.5 Any increased rent above the current £5,000 per year will also be allocated to the Trust. There will be no direct impact upon the General Fund base budget because any extra rent allocated to the T

26、rust will be offset against an equivalent reduction in the net funding grant.5 Outline terms of the grant5.1 If Cabinet approves this proposal the grant of £112,000 will be the largest made by the Council for some time. In order to demonstrate that the proposal offers value for money the follow

27、ing conditions will be built into an agreement with the Club:Prior to completing the agreement the Club must:5.1.1 Provide a priced specification, project cash flow, method statements and insurance details for review by the Council.5.1.2 Conclude its rent review for use of the Dripping Pan.5.1.3 Ind

28、emnify the Council against any claims arising in connection with use of the eastern terrace adjoining the boundary wall or incidents arising from the works carried out to the wall.5.1.4 The Club will pay for the first £63,000 works value.5.1.5 The grant will be only be paid up to the actual net

29、 cost of the works (gross cost less any other funding/grant contributions), if the net cost is less than the Councils available grant.5.1.6 If the actual net cost of the works exceeds the Councils grant the remaining funding risk will not be the Councils.5.1.7 Grant payments will be staged according

30、 to the percentage of the work completed at the time of the request.5.1.8 All stage payment requests will be submitted with copies of contractors invoices and architects certificates.5.1.9 Before payment is made the Councils Engineer will check that the works have been completed in accordance with t

31、he specification and that the percentage of the payment being requested is reasonable.5.1.10 Subject to submission of the above paperwork and a positive Engineers review the Council will undertake to pay each grant installment to the Football Club within 14 days of an application being received.Envi

32、ronmental Implications6 I have completed the Environmental Implications Questionnaire and there are no significant effects as a result of these recommendationsRisk Management Implications7 I have completed a risk assessment in accordance with the Councils Risk Management methodology. There is a risk

33、 that if no solution is found to manage the health and safety issues associated with use of the eastern embankment in the Dripping Pan it will have to be permanently cordoned off and the Football Club will no longer be allowed to continue playing at the current level within the Nationwide Conference League.8 If the proposal for the wall which is in unkn

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