Minutes:
The Committee considered the undernoted report:
“1 Relevant Background Information
(i) St Teresa’s GAC, Glen Road: Proposed Sublease:
1.1 The Council lease land (approximately 10 acres) at Glen Road to the Trustees of St Teresa’s GAC for a term of 99 years with effect from January 1993 for the purpose of developing and using playing pitches, clubhouse and ancillary facilities.
1.2 St Teresa’s GAC have requested consent for the granting of a sub-lease to a third party (Ms Nuala McCusker t/a Teach Mhamo) for the development of an Irish Language childcare facility on the land leased from the Council. Whilst located within the St Teresa’s demise the childcare facility will be run and managed wholly independently from the Club itself. A variation of the existing Lease that St Teresa’s GAC have from the Council would be required to provide for a change of use.
(ii) Grosvenor Recreation Centre – Proposed New Lease with Roden Street Community Development Group Limited
1.3 Roden Street Community Development Group Limited (the Group) occupies Grosvenor Recreation Centre under a ten year Lease from 1 April 1999. A five year extension to the Lease was approved by the Development Committee on 20 April 2009. During their tenancy the Group have successfully managed the Centre and worked in partnership with the Council, local community organisations and a range of statutory agencies to enhance the facilities. The lease extension has now expired and the Group are seeking a new lease for ten years from the 1 April 2014. The Development Committee at its meeting on 18 February 2014 agreed to this new lease subject to the negotiation of the revised terms by the Council’s Estates Management Unit and the drafting of an appropriate legal agreement by Legal Services.
1.4 Roden Street Community Development Group have also secured £250k funding from the Department of Culture, Arts and Leisure to refurbish and extend the existing toilets, changing area and weights room in the Centre. A report seeking approval to these works is being brought to the Development Committee on 15 April 2014.
(iii) Proposed Subleases and Wayleaves to NIE at Cliftonville Playing Fields & Woodlands Playing Fields
1.5 At its meeting on the 8 November 2013 the SP&R Committee approved the terms of a disposal to the Trustees of Bunscoil Bheann Mhadagain in respect of approximately 0.85 acres of land together with shared access over approximately 0.49 acres at Cliftonville Playing Fields. The land at Cliftonville Playing fields is held by the Council on a 10,000 year lease granted by the Department of Education (DE) and Belfast Education and Library Board (BELB).
1.6 The Council propose to develop a 3G pitch facility together with changing facilities and flood lighting on the southern portion of the Cliftonville Playing Fields site. Consultants working on the design of the school and the pitches have identified that the existing electricity supply has insufficient capacity to cater for the school, pavilion and pitches. Northern Ireland Electricity (NIE) will, therefore, need to construct a substation to provide a new supply for the proposed development. NIE will require an area of 4.5M x 4.5M with a palisade fence and direct vehicular access.
1.7 In addition, at its meeting on the 11 October 2012 the Parks and Leisure Committee received a progress report on the delivery of the Pitches Strategy, namely the provision of third generation pitches and changing pavilions at Council Parks throughout the city including Woodlands Playing Fields. The land at Woodlands Playing fields is held by the Council on a 10,000 year lease granted by the DE and BELB.
1.8 Consultants working on the design of the new 3G pitch, pavilion and associated flood lighting have identified that there is insufficient capacity from the existing electricity supply to Woodlands Playing Fields. NIE will, therefore, have to upgrade the supply and in order to meet the increased capacity NIE will require a new substation.
(iv) Lenadoon Millennium Park - Assignment of Lease
1.9 The Parks and Leisure Committee at its meeting on 16 January 2014 approved the transfer of the existing Facilities Management Agreement in respect of Lenadoon Park in West Belfast from Lenadoon Community Forum Limited to Lenadoon Amateur Sports Community Interest Company.
1.10 Lenadoon Community Forum has previously secured funding from Sport NI to construct a changing pavilion known locally as the Lenadoon Sports Centre on land adjacent to the Park. In order to construct the building a strip of Council owned land, which formed part of the Lenadoon Park was required. The Strategic Policy and Resource Committee agreed on 15 April 2011 to lease the strip of ground to the Forum under a 99 year Lease from 20th June 2011. The Forum has requested that the Council consent to the assignment of this lease to the Lenadoon Amateur Sports Community Interest Company and the Parks and Leisure Committee have recommended the transfer of the Lease subject to approval by the Strategic Policy and Resources Committee.
(v) Permissive Path Agreement at Ligoniel Park
1.11 At its meeting on the 23 August 2013 the SP&R Committee agreed to enter into a 10 year Public Path Creation Agreement with Northern Ireland Water to utilise an existing path located on NIW land at Ligoniel, subject to information being provided to residents living in the vicinity of the proposed path.
(vi) Ulster Hall – Ulster Orchestra Proposed Licence Agreement
1.12 At its meeting on 25 October 2013 the Strategic Policy and Resources Committee approved a 6 month licence to the Ulster Orchestra for office accommodation and storage at the Ulster Hall. The Ulster Orchestra have now made a request to license an additional office on the third floor of approximately 400 sq ft adjacent to their existing accommodation.
(vii) Signage at Lagan Valley Regional Park – Proposed Licence Agreement
1.13 At its meeting on the 24 January 2014 the Strategic Policy and Resources Committee approved a 10 year licence agreement to Lagan Valley Regional Park (LVRP) to allow access to the Council sites listed in the report for the installation and future maintenance of approved visitor signage. LVRP have now requested that a further sign be located at the entrance to the Council’s Lagan Lands East Site.
2 Key Issues
(i) St Teresa’s GAC, Proposed Sublease Glen Road
2.1 It is proposed to develop an Irish Language childcare facility to cater for up to 50 places for children from the age of 6 weeks up to pre-school age. The facility will be located within a dedicated compound area of approximately 0.123 acres of the land demised to St Teresa’s GAC under the 99 year lease with shared access and car parking facilities. The facility will consist of a single storey sectional construction, at a cost estimated by Teach Mhamo of £50,000, to include fencing. Separate servicing of the facility (electricity, drainage etc) will be provided.
2.2 The terms of St Teresa’s GAC’s Lease require that the written permission of the Council is obtained to permit any construction on the demised land with a further requirement to obtain/comply with all necessary statutory consents. Notwithstanding the need for the Council’s approval to any construction, St Teresa’s GAC also require express written consent from the Council to enter into any sub-lease. .
2.3 The current user restrictions reserved in the Lease with St Teresa’s GAC restrict use of the demised land to playing pitches, clubhouse and ancillary facilities. A legal Deed of Variation will be required to provide for the use now proposed on part of the site as an Irish Language childcare facility.
2.4 St Teresa’s GAC have sought the Council’s consent to grant a 5 year sub-lease to Ms Nuala McCusker t/a Teach Mhamo and charge an initial rent of £1,500 per annum. In order to reflect the wider use permitted for this land in a Deed of Variation and subject to Committee approval, provisional agreement has been reached with St Teresa’s for the Council to receive 50% of the annual rent reserved in the sub-lease.
(ii) Grosvenor Recreation Centre – Proposed New Lease with Roden Street Community Development Group Limited
2.5 A rental figure of £18,050 per annum from 1 April 2014 has been assessed for a new lease for the existing Premises. This is an up lift from the existing rent of £17,350. Should the refurbishment and extension of approx 53 m2 proceed, then an increased rental figure of £18,525 would apply from the date of completion. The Group currently receive a grant from Belfast City Council which is paid net of any rent payable.
(iii)Proposed Subleases and Wayleaves to NIE at Cliftonville Playing Fields & Woodlands Playing Fields
2.6 The options for the location of the substation at Cliftonville Playing Fields included:
1. Offsite as an upgrade to the existing substation at Linden Gardens.
2. In the corner of the proposed school playground off Glenard Brook.
3. On the corner of the proposed new car park area at the rear of the Spar Shop.
2.7 A plan of the location of the school site, the shared area, the proposed 3G pitch and the locations for options 2 & 3 has been circulated.
2.8 Option 1 was ruled out by NIE because the site at Linden Gardens is narrow and it was not considered feasible to decommission the existing substation while maintaining supply to customers.
2.9 Option 2 was not favoured by DE given the close proximity of the sub-station to school children on a daily basis although NIE did indicate that there is no health and safety risk associated with the output from the substation. DE argued that the constraints of the site mean that the school’s play area will be significantly smaller than the area to which a school of that size is entitled and it would not be appropriate to further reduce the limited space available
2.10 Option 3 requires a sublease from the Council to NIE; a variation of the lease to DE, and wayleaves for cabling over the shared areas, all of which will require input from legal advisers for NIE, BELB, the Trustees of Bunscoil, DE and Council. For expediency purposes and in order to let the construction start on site as soon as possible, Council officers would have preferred Options 1 or 2 as they do not require the same level of level of legal agreements to be agreed between the 5 parties. NIE have indicated that they will not order the plant until the sublease is in place and they thereafter have to wait to have the plant delivered. In addition, there may be technical issues with regard to the attenuation tank in the shared area and the cabling at the entrance to the site. The consultant engineer is currently liaising with NIE in this respect, in order to ascertain from them if this is still feasible.
2.11 NIE’s position is that they can construct the substation at either the school site or the shared site but vehicular access is easier to the shared car park site. However DE are adamant that they need all of the space allocated for the playground and for that reason officers agreed to put the matter to the Committee. Council officers will endeavour to expedite the necessary legal agreements as quickly as possible from their end but it will also require the other parties doing the same in order to let NIE proceed.
2.12 At Woodlands Playing Fields the most appropriate site for the proposed electricity substation in terms of minimising impact on Council land has been agreed between Council officers and the NIE.
(iv) Lenadoon Millennium Park - Assignment of Lease
2.13 Part of the Lenadoon Sports Centre building sits on top of the land leased to Lenadoon Community Forum. The transfer of the building from Lenadoon Community Forum to the Lenadoon Amateur Sports Community Interest Company is subject to Sports NI approval (as previous funder). The assignment of the lease will only formally take place once Sport NI has given their approval to the transfer of the building.
2.14 The existing Lease provides for assignment of the Lease subject to Council consent which is not to be unreasonably withheld.
(v) Permissive Path Agreement at Ligoniel Park
2.15 Whilst the previous SP&R Committee approval was to enter into a Public Path Creation Agreement (PCCA), it has subsequently emerged that the agreement with NI Water is in fact a Permissive Path Agreement (PPA) not a PPCA. A PPA is made under the Recreation & Youth Services (NI) Order 1986, while a PPCA is made under the Access to the Countryside (NI) Order 1983. The PPA permits any member of the public the right to walk along the path for the purpose of open air recreation. The PPA is restricted to a certain time limit, in this case 10 years and unlike the PPCA does not have the effect of creating a public right of way.
2.16 The plan attached to the report to SP&R on the 23 August 2013 has been amended slightly to shown the route of the path over the existing NI Water pathway.
(vi) Ulster Hall – Ulster Orchestra Proposed Licence Agreement
2.17 A month to month licence agreement at a rent of £385.25 per month plus service charge has been agreed with the Ulster Orchestra for the additional office. This is equivalent to the pro-rata rental rate payable under the existing licence. It has been agreed that all other terms will be as per the existing Licence with an anticipated commencement date in early May.
(vii) Signage at Lagan Valley Regional Park – Proposed Licence Agreement
2.18 As with the already approved signage, the additional signage at Lagan Lands East would be subject to compliance with Council standards, the requirements of the Council’s title to the sites and any other statutory or regulatory requirements. Future maintenance of the signage will be carried out by LVRP at LVRP expense. The design and specification will be agreed by officers within the Parks and Leisure Department and will be incorporated within the proposed licence agreement.
3 Resource Implications
Finance and Assets
3.1 (i) St Teresa’s GAC, Proposed Sublease Glen Road
· Provision of this Irish Language childcare facility will be at no financial cost to the Council.
· Ms Nuala McCusker t/a Teach Mhamo will be responsible for all outgoings arising from this development and use e.g. any rates liability
· The Council currently receive an annual rent from St Teresa’s of £2,250 fixed for the next 21 years based on the current permitted sports use. An additional initial annual rental income of £750 will be secured from this asset which represents an increase of approximately 30% over the current rental income and will take the future benefit of any rent reviews instigated in the sub-lease.
· This additional asset will provide a further amenity for this area of West Belfast and provide scope for local employment opportunities.
3.2 (ii) Grosvenor Recreation Centre – Proposed New Lease with Roden Street Community Development Group Limited
· The rent payable under the proposed new lease would increase from £17,350 to £18,050 per annum. This would then rise to £18,525 per annum should the proposed extension go ahead. The rent payable would also be subject to review after 5 years.
· £250,000 investment by Department of Culture, Arts and Leisure to extend and partially refurbish the Centre.
3.3 (iii)Proposed Subleases and Wayleaves to NIE at Cliftonville Playing Fields & Woodlands Playing Fields
· The cost of the sub-station at Cliftonville Playing Fields will be split 50/50 with the Department of Education. NIE will pay a nominal rent for the sublease. The siting of the substation on the shared area reduces the area available for car parking. The positioning of the cables routes from the substation to the school, pavilion and floodlighting will be agreed with NIE in order to minimise their impact on future development at the site. NIE normally require a 999 year lease.
· NIE will pay a nominal rent for the sublease at Woodlands Playing Fields. The substation is essential in order to provide the power supply for the changing room pavilion and flood lighting for the 3G pitch. The proposed site for the substation on the north western boundary of the Woodland Playing fields minimises the impact on any future development at this location.
3.4 (iv) Lenadoon Millennium Park - Assignment of Lease
· None
3.5 (v) Permissive Path Agreement at Ligoniel Park
· No capital resources required.
· Council will become responsible for on-going maintenance of the stiles and/ or way marking and for approximately 90 metres of tarmac path from within existing Parks and Leisure budget provision for a period of 10 years.
· The path will benefit users of the Council’s adjoining Ligoniel Park, Cavehill Country Park and the wider Belfast Hills.
3.6 (vi) Ulster Hall – Ulster Orchestra Proposed Licence Agreement
· The proposed licence agreement would operate with the Ulster Orchestra paying £385.25 per month and a pro-rata service charge. This represents additional rental income for the Council.
· The Ulster Orchestra would increase their office accommodation at the Ulster Hall from approx 1,470 sq ft to approx 1,870 sq ft.
3.7 (vii) Signage at Lagan Valley Regional Park – Proposed Licence Agreement
· No Council financial resources are required in the construction of the signage or in its installation or maintenance. As the signage is designed to benefit Council facilities no licence fee is appropriate in this case.
· The introduction of this new installation is designed to enhance the attractiveness of the Park by providing welcoming and informative signage which encourages users to develop their interest in the Council’s facilities and the LVRP in general.
3.8 Human Resources
Staff resources from Parks and Leisure Department, the Estate Management Unit and Legal Services will be required to complete all agreements.
4 Recommendations
4.1 It is recommended that members agree:
4.1
(i) To the request from St Teresa’s GAC and permit the granting of a sub-lease at their Glen Road site for the construction and operation of an Irish Language childcare facility subject to St Teresa’s GAC entering into an appropriate Deed of Variation with the Council to provide for wider user provisions, access and provision for payment of additional rent.
4.2
(ii) To a new lease with the Roden Street Community Development Group Ltd for a further ten years from 1 April 2014 at a rent of £18,050.00 per annum subject to review after five years, and also agree to a further increase to £18,525 per annum should the Centre be extended as planned.
4.3
(iii) To the granting of a sublease to NIE for a new sub-station on the proposed shared car park adjacent Cliftonville Playing Fields, together with the wayleaves as required over retained Council land for cables providing the electricity supply to the school, on terms to be agreed between NIE, Estates and Legal Services. It is also recommended that Committee approve the granting of a sublease and wayleave to NIE at Woodlands Playing Fields on terms and conditions to be agreed between NIE, Estates and Legal Services for a new substation and cables.
4.4
(iv) To the assignment of the Lease at Lenadoon Millennium Park from the Lenadoon Community Forum Limited to Lenadoon Amateur Sports Community Interest Company subject to the terms as outlined above.
4.5
(v) To authorise a Permissive Path Agreement with NI Water at Ligoniel Park on the terms and conditions as reported to the SP&R Committee on the 23 August 2013 in respect of the slightly revised location of the path.
4.6
(vi) A further temporary licence agreement at the Ulster Hall with the Ulster Orchestra on a month to month basis subject to an additional licence fee of £385.25 per month plus service charge.
4.7
(vii) To the inclusion of additional signage within the proposed 10 year licence agreement to Lagan Valley Regional Park.
5 Key to Abbreviations
5.1 GAC – Gaelic Athletic Club
NIE – Northern Ireland Electricity
DE – Department for Education
BELB – Belfast Education and Library Board
NIW – Northern Ireland Water
PPCA – Public Path Creation Agreement
PPA – Permissive Path Agreement
LVRP – Lagan Valley Regional Park”
The Committee adopted the recommendations.
Supporting documents: