Agenda and minutes

There were no declarations of interest.

The minutes of the meetings held on 1^st and 11^th September were signed as a true record. There were no matters arising.

To consider whether to exclude the press and public for the items of private business for the reasons shown in the report.

RESOLVED that approval be given to exclude the press and public under Section 100(A)(4) of the Local Government Act 1972 for consideration of the private reports listed below on the grounds that that items involve the likely disclosure of exempt information, as defined in Paragraphs 3 and 4 of Schedule 12A of the Act, as it contains:

·  information relating to the financial or business affairs of any particular person (including the authority holding that information)

·  Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority.

And that in all circumstances of the cases, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minute 32 – Freehold Disposal of Land at Kele Road, Canley and Whitworth Avenue, Stoke Aldermoor

Minute 33 – Freehold Disposal of Land at Torrington Avenue

Minute 34 – Canley Sports and Social Club – Freehold Disposal

Minutes 35 – Land and Premises at Hertford Place, Coventry

Report of the Executive Director, Place

Note: This report was considered by the Business, Enterprise and Employment Scrutiny Board (3) at their meeting on 8^th October, 2014. A Briefing Note detailing their consideration of this issue is attached.

The Cabinet Member considered a report of the Executive Director, Place which provided an update on achievement against Carbon Management Plan targets.

In September 2009 a Carbon Management Plan (CMP) for the City Council was approved by the then Cabinet Member for (Climate Change, Housing and Sustainability). The plan set an aspirational target of reducing the City Council’s carbon dioxide emissions (CO2) by 30% over five years.

The report detailed achievement against this target and presented a revised CMP which reflected changing priorities and set new performance targets to be achieved by 2020. It also requested approval of a revised Energy, Water and Carbon Management Policy.

The City Council had had significant success in reducing CO2 emissions over the last five years and had achieved a 21% reduction despite significant challenges such as the uncertainty around the long term use of City Council office accommodation prior to the planned move to Friargate and the Government’s cancellation of the Building Schools for the Future programme.

The reasons for reducing the carbon footprint of the City Council were even more pressing than when the CMP was first produced. To address this increasing priority a revised CMP and Energy, Water and Carbon Management Policy had been prepared. The CMP had been revised to take into account changing circumstances and set out the agenda and CO2 emission targets for the next six years reflecting the national reduction targets.

The Cabinet Member also considered a briefing note from the Business, Enterprise and Economy Scrutiny Board arising from their meeting on 8^th October 2014.  The Board had raised concerns that the Government had excluded schools from the Carbon Reduction Commitment – a view endorsed by the Cabinet Member who expressed a commitment to continue to work with schools in order to reduce energy consumption. 

In considering the report, the Cabinet Member referred to the importance of investment in transport emissions and also the need to be able to measure the impact of initiatives taken to reduce emissions (eg the replacement of street lighting and use of low energy lighting etc) as such information would provide information that would inform future job creation and employment.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(a)  Approves the revised Carbon Management Plan

(b)  Approves the Energy, Water and Carbon Management Policy

(c)  Endorses the concerns of the Business, Economy and Enterprise Scrutiny Board 3 regarding the Government’s removal of the requirement to report on schools emissions under the Carbon Reduction Commitment Scheme and to work with the Cabinet Member (Education) in respect of continuing to work with schools to reduce energy consumption.

(d)  Works with local universities and the Local Enterprise Partnership to maximise opportunities for employment and business growth in activities associated with this sector.

Report of the Executive Director, Place

The Cabinet Member considered a report of the Executive Director, Place requesting endorsement of the Birmingham Development Plan 2031.

The Council had a Duty to Co-operate, which was enshrined in law (Section 33A of the Planning and Compulsory Purchase Act 2004), and this duty should be discharged by a planning authority that submits a local plan to Examination in Public. In this case, Birmingham City Council had submitted its plan, and in connection with demonstrating that it has discharged the Duty it agreed a position statement (Appendix 1 of the report) with officers of the Coventry City Council.

The Cabinet Member was requested to formally endorse that statement, in order that it carry appropriate weight, in particular in connection with the Examination in Public Hearing session to be held on 30^th October specifically concerning the Duty to Co-operate (to which Coventry City Council has been asked to attend). In addition, the Cabinet Member was asked to endorse the letter that was sent to the Birmingham Plan ( Appendix 2.of the report)

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(a)  Endorses the statement, as set out at Appendix 1 of the report.

(b)  Endorse the officer letter that was sent to the Birmingham Plan, as set out at Appendix 2 of the report.

Report of the Executive Director, Place

The Cabinet Member considered a report of the Executive Director, Place in respect of the disposal of two sites at Kele Road and Whitworth Avenue, Coventry.

Within the Cabinet report dated 7^th January 2014 regarding the Whitefriars Housing Group there was a proposal to release two Council-owned small housing sites in Kele Road, Canley & Whitworth Avenue, Stoke Aldermoor to Whitefriars, for the construction of 18 new build houses for rent.

Officers have a therefore agreed a value with Whitefriars Housing Group for the disposal of the two sites at Kele Road & Whitworth Avenue. This valuation has been approved by the Valuation Office and the Councils Valuation Panel as representing best value which satisfies the Councils requirements set out under Section 123 of the Local Government Act 1972.

A corresponding private report detailing the commercially confidential aspects of the proposals was also submitted to this meeting for consideration.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(1)  Authorises the freehold disposal of the two sites at Kele Road, Canley & Whitworth Avenue, Stoke Aldermoor to Whitefriars Housing Group.

(2)  Delegates authority to the Assistant Director for City Centre and Development Services following consultation with Cabinet Member (Business, Enterprise & Employment) for any subsequent variation in terms.

(3)  Delegates authority to the Executive Director, Resources and in particular officers within Legal Services to complete the necessary legal documentation in this matter.

Report of the Executive Director, Place

The Cabinet Member considered a report of the Executive Director, Place,  in respect of disposal of land at Torrington Avenue.

The former Torrington Centre was demolished in 2008 and was at present a cleared site. The site was previously identified by the People Directorate as being suitable to accommodate a residential development for accommodation for people with learning disabilities and the elderly. Despite working with developers and care operators to make a scheme viable, it was unachievable. 

Midland Heart Housing Association and their construction partner Gumpp & Maier, who specialise in the development of Passivhaus homes (zero carbon eco homes) approached the Council about the possibility of developing a trial site in Coventry purely for Passivhaus homes. Gumpp & Maier believe that a Passivhaus style of construction can be delivered at a similar cost to conventional building methods and deliver environmental benefits. If the trial is successful, the intention is to open up a manufacturing facility in /around Coventry possibly creating up to 50 jobs. 

The former Torrington Centre located on Torrington Avenue has been selected as the preferred site by Midland Heart Housing Association. Subject to Cabinet Member approval, Midland Heart Housing Association intend to submit a planning application for 36 units comprising of 18x1bed apartments, 11 x 2-bed, 5 x 3-bed and 4 x 2-bed dwellings with all the units allocated for social rent. 

A value has been agreed with Midland Heart Housing Association for the disposal of the site and this has been approved by the Valuation Office and by the Councils Valuation Panel as representing best value in accordance with the Council’s requirements set out under Section 123 of the Local Government Act 1972.

A corresponding private report detailing the commercially confidential aspects of the proposals was also submitted to this meeting for consideration.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(1)  Authorise the freehold disposal of the land to Midland Heart Housing Association.

(2)  Delegate authority to the Assistant Director for City Centre and Development Services following consultation with Cabinet Member (Business, Enterprise & Employment), for any subsequent variation in terms.

(3)  Delegate authority to the Executive Director, Resources and in particular officers within Legal Services to complete the necessary legal documentation in this matter.

Report of the Executive Director, Place

The Cabinet Member considered a report of the Executive Director, Place, in respect of freehold disposal of Canley Sports and Social Club.

Canley Sports and Social Club was held on a long lease from the Council dated 7^th December 1950  for a term of 99 years from 24^th June 1949 and has 34 years unexpired (“the Lease”).

The lessee went into administration and most of the buildings have been seriously damaged by fire. The administrator demolished those parts of the building that were considered to be dangerous and erected a fence around the remaining buildings to make the site as secure as possible.

The business and more latterly the Lease, were extensively marketed by the administrator and the property was to be auctioned in mid-September, at a guide price of £20,000-£30,000. The Council was able to secure the withdrawal of the property from the auction and agree a surrender of the lease from the administrator. This enables the Council to demolish the derelict buildings, with the cost to be met from the future capital receipt and ensure that development takes place by marketing and selling the site now.

A corresponding private report detailing the commercially confidential aspects of the proposals was also submitted to this meeting for consideration.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment)

(1)  Approves the demolition of buildings and submission of a planning application for suitable redevelopment, prior to the marketing and freehold disposal of the Canley Sports and Social Club site, at the Council’s cost which is detailed in the private report.

(2)  Delegates authority to the Executive Director, Place and the Executive Director, Resources (Legal Services) to conclude the freehold disposal of the site, on terms that represent best consideration, in accordance with Section 123 Local Government Act 1972.

Report of the Executive Director, Place

The Cabinet Member considered a report of the Executive Director, Place, in respect of land and premises at Hertford Place, Coventry.

The Council was the freeholder of the Henry Fry Centre, Hertford Place, Coventry (“the Centre”). The  Council granted a 99 year ground lease in 1967 (“the Head lease”) to the Trustees of Coventry and Warwickshire Association for the Deaf (“CWAD”) who in turn granted the Council an under lease in 1976 of the whole of the building for the remainder of the 99 year term (“the Under lease”). These leases expire in fifty one years.

CWAD has continued to occupy the Centre since the under lease was granted. The Council previously provided social services direct from the Centre but withdrew services some time ago. Under the terms of the Under lease the Council is restricted in its use of the premises to that of a club for the deaf or for the delivery of social services.

Terms have been agreed whereby both the Head lease and the Under lease are surrendered by operation of law and a new 99 year lease is granted by the Council to CWAD with CWAD taking on full responsibility for the  Centre. The 99 year lease will restrict use in the first instance to a non- residential institutional use. 

As consideration for the Council passing on future liabilities to CWAD, the Council to make a one-off payment to CWAD. Thereafter the Council will no longer have any financial commitment in connection with the Centre under the terms of the Under lease. This proposal also has the benefit of allowing CWAD to continue using the Centre as a social and support facility for the deaf community in Coventry and Warwickshire, a role they are keen to continue.

A corresponding private report detailing the commercially confidential aspects of the proposals was also submitted to this meeting for consideration.

RESOLVED  that the Cabinet Member (Business, Enterprise and Employment):

(1)  Approve the one-off payment to CWAD, as detailed in the private report, subject to the surrender of both the Head lease and under lease and the grant of a new 99 year lease to CWAD.

(2)  Delegate authority to Executive Director Resources (Legal Services) to effect the  surrender of the Head lease and Under lease  complete  the new 99 year lease and make the agreed one-off payment to CWAD as detailed in the private report. 

There are no outstanding issues

There were no outstanding issues.

There were no other items of public business.

Report of the Executive Director, Place

Listing Officer: J. Grant, Tele: 024 7683 3674)

Further to Minute 26 above, the Cabinet Member considered a report of the Executive Director, Place, detailing the commercially confidential elements of the proposals in respect of the freehold disposal of Land at Kele Road, Canley and Whitworth Avenue, Stoke Aldermoor.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(1)  Authorise the freehold disposal of the two sites at Kele Road, Canley & Whitworth Avenue, Stoke Aldermoor to Whitefriars Housing Group as detailed in the report.

(2)  Delegate authority to the Assistant Director for City Centre and Development Services following consultation with Cabinet Member (Business, Enterprise & Employment) for any subsequent variation in terms.

(3)  Delegate authority to the Executive Director, Resources and in particular officers within Legal Services to complete the necessary legal documentation in this matter.

Report of the Executive Director, Place

(Listing officer: J. Grant, Tele 024 7683 3674)

Further to Minute 27 above, the Cabinet Member considered a report of the Executive Director, Place, detailing the commercially confidential elements of the proposals in respect of the freehold disposal of land at Torrington Avenue.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment:

(1)  Authorise the freehold disposal of the land to Midland Heart Housing Association as detailed in the report.

(2)  Delegate authority to the Assistant Director for City Centre and Development Services following consultation with Cabinet Member (Business, Enterprise & Employment), for any subsequent variation in terms.

(3)  Delegate authority to the Executive Director, Resources and in particular officers within Legal Services to complete the necessary legal documentation in this matter.

Report of the Executive Director, Place

(Listing Officer: D. Cass, Tele: 024 7683 2793)

Further to Minute 28 above, the Cabinet Member considered a report of the Executive Director, Place, detailing the commercially confidential elements of the proposals in respect of the freehold disposal of Canley Sports and Social Club.

RESOLVED that the Cabinet Member (Business, Enterprise and Employment)

(1)  Approve the demolition of buildings and submission of a planning application for suitable redevelopment, prior to the marketing and freehold disposal of the Canley Sports and Social Club site, at the Council’s cost which was detailed in the report.

(2)  Delegate authority to the Executive Director, Place and the Executive Director, Resources (Legal Services) to conclude the freehold disposal of the site, on terms that represent best consideration, in accordance with Section 123 Local Government Act 1972.

Report of the Executive Director, Place

(Listing Officer: G. Stephens, Tele: 024 7683 2577) 

Further to Minute 29 above, the Cabinet Member considered a report of the Executive Director, Place, detailing the commercially confidential elements of the proposals in respect of the freehold disposal of Canley Sports and Social Club.

RESOLVED  that the Cabinet Member (Business, Enterprise and Employment):

(1)  Approve the one-off payment to CWAD, as detailed in the report, subject to the surrender of both the Head lease and under lease and the grant of a new 99 year lease to CWAD.

(2)  Delegate authority to Executive Director Resources (Legal Services) to effect the  surrender of the Head lease and Under lease  complete  the new 99 year lease and make the agreed one-off payment to CWAD as detailed in the report. 

To consider any other items of business which the Cabinet Member decides to take as a matter of urgency because of the special circumstances involved.

There were no other items of urgent private business.