30
Agenda Item No. 7 BRISTOL CITY COUNCIL OVERVIEW AND SCRUTINY MANAGEMENT COMMITTEE 15 JULY 2010 Summary The attached draft report is due to be taken to Cabinet on 22 nd July 2010 and is presented to the Overview and Scrutiny Management Committee in draft for consideration today.

Draft report to cabinet

Embed Size (px)

DESCRIPTION

 

Citation preview

Page 1: Draft report to cabinet

Agenda Item No. 7

BRISTOL CITY COUNCILOVERVIEW AND SCRUTINY MANAGEMENT COMMITTEE

15 JULY 2010

Summary

The attached draft report is due to be taken to Cabinet on 22nd July 2010 andis presented to the Overview and Scrutiny Management Committee in draftfor consideration today.

Page 2: Draft report to cabinet

DRAFTAGENDA ITEM NO

BRISTOL CITY COUNCILCABINET

22 July 2010

Report of: Strategic Director - City Development

Title: Disposal of Land and Property Interests to Bristol CityFootball Club

Ward: All Wards

Officer Presenting Report: Alun Owen - Service Director, Major ProjectsCity Development

Contact Telephone Number: (0117) 9037481

RECOMMENDATION

That Cabinet approve the disposal of property interests, the restructuring ofthe lease to the Social Club and the granting of a licence over the retainedarea of Alderman Moores to enable an adoptable road/pedestrian access tobe constructed as set out in this report in return for long term communitybenefits.

Summary

Disposing of the land and property interests identified in the report wouldenable significant community benefits to be achieved for the long term as aresult of the construction of a new football stadium.

The significant issues in the report are:

- The identification of the property interests being considered for disposal.

- The schedule of community benefits.

- The fact that Secretary of State approval will be obtained before any of theproposals in the report can be finalised.

- 1 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

APPENDIX A

Page 3: Draft report to cabinet

DRAFTPolicy

1. Relevant policies in the Council's Core Strategy include:

BCS1 - South Bristol, which identifies South Bristol as a priority focus fordevelopment and regeneration.

Consultation

InternalLand & PropertyLegalFinanceSportStrategic & City Wide PlanningWard CouncillorsOSM

2. External

Secretary of State in respect of a disposal for community benefits inlieu of a capital receipt under Sections 123 and 127 of the LocalGovernment Act 1972 (consultation is on-going).

Context

3. Bristol City Football Club (BCFC) have recently obtained planningpermission, as set out in the Planning Committee reports dated 4November 2009 and 10 February 2010, to build a new stadium on landat Ashton Vale (See Appendix A).

The construction of a new stadium is the key component in Bristol CityCouncil's bid to become a host city for the 2018 World Cup. The detailof the bid was set out in the Cabinet Report dated 24 November 2009.

Whilst this report deals mainly with the significant community benefitsthat can be achieved by using some of the council's property interests,there are also huge economic benefits to be achieved by ensuring thisstadium is constructed. The council has a unique opportunity toinfluence the way this new stadium can impact on the whole of Bristol forthe long term.

In addition to the economic benefits accruing from the World Cup, thereis a value generated for the city economy from the building of the footballstadium, its expansion to meet the World Cup specification, the provisionof conference and convention facilities, the prospect of an adjacent

- 2 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 4: Draft report to cabinet

DRAFTarena development and the associated enabling development. PWCwere jointly commissioned by Bristol City Football Club and Bristol CityCouncil to assess the likely impact to the city. PWC estimate that theconstruction of the 30,000 seat stadium alone will generate £223m(GVA) to the city economy over a 20 year period plus approximately 207jobs with estimated earnings of £5.8 million per annum.

When the stadium is considered, together with the accompanyingdevelopments, the GVA contribution rises to approximately £247 millionover the 20 year period, with approximately 359 jobs created generatingapproximately £10 million in earnings annually. The addition of an Arenawould further enhance these figures.

The inclusion of a major conference and convention facility capable ofaccommodating 1000 delegates with adjacent hotel accommodationwould greatly improve the city's offer in this important market. Bristolhas suffered from an absence of a large conference venue withassociated 'break out' space for smaller meetings and discussiongroups. The new stadium design, which includes a tier of VIP hospitalityboxes as well as the main conference and banqueting facilities, wouldgreatly enhance Bristol's offer and allow it to compete in the national andinternational conference/convention market. This would further generateearnings over the long term for the city economy. Destination Bristolestimate that the city is currently losing between £5-8 million per annumof conference business as a consequence of not having appropriatelarge scale conference facilities.

The proposed new football stadium will also contribute to the council'saims to make Bristol an ambitious international city and regional capital.It sits in the same context as the renewal of the Colston Hall and thenew Museum of Bristol in terms of facilities. In addition, it has the realpotential to provide a new sporting focus to Bristol.

The Council is proposing using its land interests around the existing andproposed stadium to secure long term community benefits and facilitatethe construction of the new stadium. These benefits and initiativesinclude; sports events, coaching, training, health and wellbeing andextended educational programmes.

Proposal

4. The City Council is proposing to dispose of the following propertyinterests:

● The freehold of the car park adjacent to the existing stadium.This is already held by BCFC on a 125 year lease, which

- 3 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 5: Draft report to cabinet

DRAFTcommenced in 1987. See Appendix B.

● Part of the site known as Alderman Moores allotments (SeeAppendix C). Access to this site off Silbury Road are part of on-going discussions and may be the subject of a further report at alater date.

In addition,

● To restructure the lease associated with the Social Club both tofacilitate the construction of the new football stadium and theconstruction of the Bristol Rapid Transport Ashton Vale to TempleMeads route. See Appendix D.

● To grant a licence to enter onto that part of Alderman Moores thatis being retained to enable an adoptable road/pedestrian accessto be created.

The value of these property interests is £4.6m.

Under the powers of Wellbeing and in Section 2 of the Local Government Act 2000 the City Council can dispose of land in return for long term community benefits (see Legal comments).

The package of proposed community benefits are shown at Appendix E. These are annual values, inflation linked, and BCFC is contractually required to provide these, or similar appropriate community benefits, for a period of 30 years. After this period BCFC is contractually requiredto use its best endeavours to provide similar benefits for the life of the stadium. This recognises that the benefits will require review over sucha long period of time. A copy of the draft Heads of Terms is shown as Appendix F.

These benefits are in addition to what is currently provided for the existing stadium or as a result of any other long term commitments.

The principles of valuing community benefits have been adhered to inproducing the list of community benefits, ie;

● The community benefits defined and measured should beadditional (ie they would not be expected to accrue without thedevelopment): the current Ashton Gate stadium alreadygenerates some community benefits and the focus therefore mustbe on the incremental activities and outputs arising from theAshton Vale stadium;

● The unit value of the community benefits should ideally bemeasured based on 'market rates' in terms of foregone revenue

- 4 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 6: Draft report to cabinet

DRAFT(ie reflecting what beneficiaries might have been expected topay);

● In the absence of appropriate 'market rates', analogues should beused to estimate the unit value of the community benefit; and

● In the absence of 'market rates' and analogues, the communitybenefits should be estimated using the cost of providing thecommunity benefit.

These community benefits have also been assessed by officers asrepresenting a good annual level of return against the capital value.They also demonstrate the step change that BCFC will make in the wayit works with the council and others to maximise its impact in the widercommunity.

Annual progress in developing these benefits will be the subject of anannual report to Cabinet which BCFC will be required to attend.

Within the legal agreement there is also a commitment to work with thecity council to build an Arena adjacent to the stadium. This furtherdemonstrates the importance both parties place on achieving an Arenafor Bristol.

A further assessment will be undertaken by the Secretary of Statewho will need to approve the disposal of these land interests for community benefits on the basis that they comply with the requirementsof Sections 123 and 127 of the Local Government Act 1972.

Other Options Considered

No disposal of property interests - The property interests are animportant component in enabling the new stadium to be constructed.Without these interests it is difficult to see how the stadium could befinanced and subsequently constructed and as a result all of theeconomic and community benefits would be lost.

Disposal of property interests in return for capital receipt - Thevalue of community benefits is inflation linked and in the medium termwill generate a higher return than from the capital receipt. It alsopresents the council with an opportunity to significantly influence theway the new stadium works with the community to achieve some of itskey aims and objectives in relation to its community strategy.

- 5 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 7: Draft report to cabinet

DRAFTRisk Assessment

5. The main risks of not agreeing to the course of action as set out in thereport are as follows:

● BCFC are not able to construct their new proposed stadium and thewider economic and community benefits are lost. This risk is mitigatedby the proposals contained in this report;

● If the football stadium is not constructed the city's bid to host the WorldCup in 2018 will fail and the benefits as set out in the report to Cabinetwill not be achieved. This risk is mitigated by the proposals containedin this report;

● If the stadium is not constructed there will be no possibility of a newArena being built. This risk is mitigated by the proposals contained inthis report;

● In addition there are a separate number of risks associated with disposal of property interests in return for community benefits. These include:-

● Non Performance. Any failure by the Football Club to provide thecommunity benefits would give rise to a breach of contract claim.This risk is also mitigated by requiring an annual report to Cabinetto demonstrate that the community benefits are being received.

● Inflation reducing the value of the benefits. The communitybenefits will be index linked.

● Stadium not built. The risk is mitigated by ensuring that thetransfer of land to BCFC is conditional upon the completion of thestadium. If the stadium is not completed, the land would nottransfer.

● Disposal of stadium site by BCFC. The risk is mitigated by;-

- A restriction on freehold title of the stadium to secure ongoing provision of the community benefits,- A council right to veto disposal unless transferee agrees to fulfil outstanding community benefit obligations, and- A legal charge against value of unperformed community benefits.

- 6 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 8: Draft report to cabinet

DRAFT

● BCFC become insolvent. This risk is mitigated by a legal chargeagainst the value of unperformed community benefits. NB – thischarge will not be highest ranked in priority so its value may belimited in the event of an insolvency, although it would place thecouncil ahead of unsecured lenders.

Equalities Impact Assessment

6. One of the outcomes of the proposals will be a wide range of communityand economic benefits which will help contribute towards regenerationand the creation of new job opportunities.

It will be important to monitor that these community benefits are having apositive impact on as many groups of people as possible.

The EqIA Screening Assessment is shown at Appendix G.

7. Environment Impact Checklist

The Environment Impact Checklist is included as Appendix H. The detailed Environmental Impact Assessment relating to the stadium were dealt with in the Planning report dated 4 November 2009. The proposals in this report follow on from that earlier planning decision and therefore the direct environmental impact of this report will be assessed as nil in that the detail was dealt with in the substantial EIA within the planning report.

As is often the case with major developments there is often a fine balance between economic benefits and the environmental impact.

8. Legal and Resource Implications

Legal

The Council could rely on the “well-being” power under section 2 of theLocal Government Act 2000 – the power to do anything that is likely toachieve the promotion or improvement of the economic, social orenvironmental well-being of the area for residents etc.

When exercising the well-being power under section 2 of the LocalGovernment Act 2000, a local authority must have regard to itsCommunity Strategy. The proposals in this report for example impacton stronger and safer communities, children and young people and

- 7 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 9: Draft report to cabinet

DRAFTfamily aspirations and reducing health and wealth inequality.

State AidThe Council are satisfied that the value of the community benefits beingprovided by BCFC would be, as a bare minimum, equal to the value of the land being transferred to BCFC.The valuation of the community benefits has been assessed by officers as representing a good annual return against the capital value. This will be further reviewed by the Secretary of State as part of the application for disposal consent (see below).

The valuation of the community benefits also excludes those benefits that BCFC was already providing or those that it is otherwise legally obligated to provide.

The valuation of the property interests being transferred is dealt with in section 8. The revenue implications of the disposal for community benefits are dealt with in the financial section of the report.

Therefore, the disposal is compliant with state aid legal requirements.

Secretary of State Consent

Specific consent must be obtained from the Secretary of State for disposals of land where the difference between the value of the land and the payment received is greater than £2,000,000 (two million pounds).The financial value of the community benefits being provided mean thatthis is not the sort of arrangement that must be referred to the Secretary of State. Nonetheless, as a matter of good practice and in order to provide further assurance of the lawfulness of the arrangements, an application will be made to obtain Secretary of State consent.

Lawfulness of Recommendation

As a matter of law, in order to act within its powers, the Cabinet musttake account of all relevant considerations, disregard irrelevantconsiderations, observe all procedural requirements, not act in bad faithand not take decisions that no reasonable authority could take. Thisreport sets out the benefits, the risks, the financial details, and

- 8 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 10: Draft report to cabinet

DRAFTaddresses the relevant legal issues. Therefore the recommendation islawful and well-founded.

Legal advice given by: Phil Roberts, Contracts Solicitor

Financial

Capital The value of the land to be disposed of is £4.6m. Ifthe land was sold rather than exchanged forcommunity benefits the council could re-invest thevalue of the sale in capital schemes avoidingprudential borrowing.

Revenue The use of assets to finance community benefits is recognised, subject to working within agreed parameters, as a legitimate way to finance council activities. In making the decision it must be recognised that as an alternative the sale proceeds of the capital receipt could be used to reduce the council's prudential borrowing costs by £303k per annum and invested in another area or used towards savings. The annual repayment includes interest that will reduce through the period as debt is repaid, on average this will be £123k pa. The average cost ofrepaying the principal over 25 years is on average £180k pa. The community benefits of £370k pa far exceed the interest payment and will continue beyond the period the loan is repaid while the stadium is in place.

Financial advice given by: Peter Robinson, Service Director (Finance)

Land The land interests to be disposed of are set out inSection 4 of this report. A valuation dated June 2010estimates the value of these land interests as being£4.6m In the case of the car park adjacent to theexisting stadium, the valuation is based on asupermarket being built on the site. In the case ofAlderman Moores the valuation assumption is forhousing.

- 9 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 11: Draft report to cabinet

DRAFTValuation of freehold of existing car park £1,150,000

Disposal of Alderman Moores £3,340,000

Restructure of Social Club lease £ 75,000

£4,565,000

Personnel

Appendices: Appendix A - Plan of New Stadium

Appendix B - Plan of Car Park

Appendix C - Plan of Alderman Moores

Appendix D - Plan of Social Club

Appendix E - Schedule of Community Benefits

Appendix F - Heads of Terms

Appendix G - EqIA Screening Assessment

Appendix H - Environmental Impact Assessment

ACCESS TO INFORMATIONBackground Papers:

Report to Cabinet - World Cup Bid dated 24 November 2009

Stadium Planning Reports dated 4 November 2009 and 10 February 2010

- 10 -S:\Reports\2010-11\Scrutiny\OSM\reports\15.07.10\item 7 BCFC land disposal dft cab rept.odt

Version 8 - 7th July 2010

Page 12: Draft report to cabinet

APPENDIX A

Page 13: Draft report to cabinet
Page 14: Draft report to cabinet
Page 15: Draft report to cabinet
Page 16: Draft report to cabinet

A NEW REGIONAL STADIUM for BRISTOL

Estimated value of community benefit in consideration of disposal by BCC of land and property interests to enable the construction of a new regional stadium for Bristol.

A new regional stadium for Bristol at Ashton Vale will generate and provide significant additional value and enhanced benefits for Bristolʼs many communities, particularly those in the immediate vicinity of the stadium, as well as those that are further afield across the city.

Like Ashton Gate before it, the new stadium will have a productive life of 100 years and more, and, as such, will generate an impressive array of legacy benefits for the city. As part of its stadium development plans, the football club is intent upon strengthening its reputation as a good neighbour and active member of its local communities, as well as working with and supporting Bristol City Councilʼs sport and health promotion initiatives. A Communities and Residentsʼ Liaison Group will be established to monitor the ways in which these benefits and legacies are delivered, as well as with a view to identifying more ways in which the club can offer support to its neighbours.

This report estimates the value of community benefit that will be generated in return for the land and property interest disposal. The actual delivery of these benefits will be linked to a comprehensive legal agreement.

Whilst BCFC is clearly operating in the south of the city it is intended that the benefits will be available as far as possible for the whole of the city.

June 2009" page 1 of 7

APPENDIX E

Page 17: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments1. Rooms &

other space (non-match-day hire)

Great Hallʼ• 3 days free per annum @ £4k per day

£12k

The stadium will be an accessible and inclusive venue. Community uses are likely to include:• presentation evenings for local football

clubs, sports organisations, representative level sports awards and school competitions;

• access to multi-purpose rooms for exercise referral group exercise classes – eg. Cardiac Rehab, COPD, MEND programme;

• community consultation meetings;• community jobs fayres;• community dance events;• community sports leaders award courses

and NGB award courses; and• lunches and Christmas parties for local

pensioners and residents of nearby care homes.

The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made available for community use at Ashton Gate.

1. Rooms & other space (non-match-day hire)

Multi-purpose space (level 5, west stand)• 2 days free per month @ £750 per day

£18k

The stadium will be an accessible and inclusive venue. Community uses are likely to include:• presentation evenings for local football

clubs, sports organisations, representative level sports awards and school competitions;

• access to multi-purpose rooms for exercise referral group exercise classes – eg. Cardiac Rehab, COPD, MEND programme;

• community consultation meetings;• community jobs fayres;• community dance events;• community sports leaders award courses

and NGB award courses; and• lunches and Christmas parties for local

pensioners and residents of nearby care homes.

The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made available for community use at Ashton Gate.

1. Rooms & other space (non-match-day hire)

Training and community education meeting rooms• 1 room 2 days free per week @ £400 per room per

day£41.6k

The stadium will be an accessible and inclusive venue. Community uses are likely to include:• presentation evenings for local football

clubs, sports organisations, representative level sports awards and school competitions;

• access to multi-purpose rooms for exercise referral group exercise classes – eg. Cardiac Rehab, COPD, MEND programme;

• community consultation meetings;• community jobs fayres;• community dance events;• community sports leaders award courses

and NGB award courses; and• lunches and Christmas parties for local

pensioners and residents of nearby care homes.

The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made available for community use at Ashton Gate.

1. Rooms & other space (non-match-day hire)

Stadium concourse• occasional use of stadium concourse

£2k

The stadium will be an accessible and inclusive venue. Community uses are likely to include:• presentation evenings for local football

clubs, sports organisations, representative level sports awards and school competitions;

• access to multi-purpose rooms for exercise referral group exercise classes – eg. Cardiac Rehab, COPD, MEND programme;

• community consultation meetings;• community jobs fayres;• community dance events;• community sports leaders award courses

and NGB award courses; and• lunches and Christmas parties for local

pensioners and residents of nearby care homes.

The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made available for community use at Ashton Gate.

1. Rooms & other space (non-match-day hire)

sub-total rooms and other space

£73.6k

The stadium will be an accessible and inclusive venue. Community uses are likely to include:• presentation evenings for local football

clubs, sports organisations, representative level sports awards and school competitions;

• access to multi-purpose rooms for exercise referral group exercise classes – eg. Cardiac Rehab, COPD, MEND programme;

• community consultation meetings;• community jobs fayres;• community dance events;• community sports leaders award courses

and NGB award courses; and• lunches and Christmas parties for local

pensioners and residents of nearby care homes.

The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made available for community use at Ashton Gate.

June 2009" page 2 of 7

Page 18: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments2.Pitch and

stadium facilities

• 1 day free per annum

£12k

The pitch and stadium will be set aside for use by schools, clubs, social enterprises or charities in Bristol.Community uses are likely to include:• curtain-raisers and demonstration events

– ability sport, girls and womenʼs matches, youth and junior matches

• representative matches• community cup finals• schools festivals

Community use will be available within the close season, and will be prioritised in line with other revenue-generating events and activities. The availability of the pitch and associated stadium facilities is an additional benefit.

June 2009" page 3 of 7

Page 19: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments3.Community

gymSubsidised community gym - assumptions:• market rate £60-70 per month for standard gym

membership• market rate 12 individual uses per month @ £5 per

usage• benchmark community gym at £4.30 per individual

usage• 125 uses per day• offering subsidised use at £1.00 per use, ie £3.30 per

use subsidised rate below market rate• 125 uses per day x £3.30 subsidised rate x 350 days

= £144,375 value of subsidised community use• 3 FTE employees at £14,200 per FTE plus 15% on

costs = £48,990

£193.365k

The community gym will aim to generate new gym users rather than attract users from other commercial and subsidised community gyms, thereby increasing physical activity within existing communities.Subsidised use of the community gym will support, for example:• GP Referral programmes;• Fit for the Future (16-22 year olds);• smoking cessation;• back care;• falls prevention;• young people and children in care; and• support for sports apprenticeships eg

gym instructors.

The community gym will be at the heart of the concept of providing a ʻhealthy stadiumʼ for the wider community. By reaching out into the wider community, by making the stadium accessible and inclusive, and by working with health practices, providers and strategic bodies, the stadium - with the community gym at its heart - will aim to promote healthy lifestyles and choices.

The gym will be fully accessible, including IFI fitness equipment.

June 2009" page 4 of 7

Page 20: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments4.Football in

the Community

114% increase in floor space allocated to Football in the Community - BCFC currently supports Football in the Community to value of £10k per annum - increase from 35m2 to 75m2 equivalent to £21.4k per annum

£11.4k

The value attached to these existing BCFC-led community initiatives is based on the increase in floor space available to each in the new stadium.

However, the strengths of these initiatives lie in their social inclusion delivery, with the power of football being used to engage disaffected young people and to instil values of team work, discipline, leadership, self-esteem and confidence.

The stadium will offer opportunities to dramatically extend the reach and impact of these programmes.

The Club has always been and continues to be a generous supporter of all schools. For example, it has recently joined the newly-formed flexible learning trust that comprises Ashton Park School and other local primary schools. Strengthening the wider education legacy is an important consideration for the football club.

5.PfS BCFC Study Centre

20% increase in floor space allocated to PfS BCFC Study - BCFC currently supports PfS Study Centre to value of £50k per annum - increase from 84m2 to 101m2 equivalent to £10,000 per annum

£10k

The value attached to these existing BCFC-led community initiatives is based on the increase in floor space available to each in the new stadium.

However, the strengths of these initiatives lie in their social inclusion delivery, with the power of football being used to engage disaffected young people and to instil values of team work, discipline, leadership, self-esteem and confidence.

The stadium will offer opportunities to dramatically extend the reach and impact of these programmes.

The Club has always been and continues to be a generous supporter of all schools. For example, it has recently joined the newly-formed flexible learning trust that comprises Ashton Park School and other local primary schools. Strengthening the wider education legacy is an important consideration for the football club.

June 2009" page 5 of 7

Page 21: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments6.Community

naming rights

Community naming rights assigned to a small number of rooms and spaces in the stadium. This will take the form of commercial naming rights as sponsorship for local community activity and initiatives.

£20k

Funds raised by the commercial sponsorship of one or two rooms or spaces in the new stadium will be made available as a direct cash benefit to city-wide community groups and initiatives.

For example, a local or regional business may wish to sponsor a room or a space in the new stadium, perhaps as part of their own Corporate Social Responsibility (CSR) programme, with the value of their sponsorship being passed directly to the wider community.

7.BCFC Community Trust

BCFC is working to establish a Community Trust to extend and strengthen the connections with its new neighbours and existing community. This is being considered as a specific initiative linked to the move to the new stadium, so that the community is encouraged to take pride in the stadium, and to take real ownership of the facilities and benefits that it will offer.

If the club decides to do this, it will secure the Trustʼs start-up through an initial endowment. Assuming that this is in the region of £500 to cover the cost of the first 5 years, this is equivalent to £25k per annum for a period of 20 years.

£25k

The establishment of a Community Trust and the appointment of a CEO will, in effect, create a de facto BCFC community director post within the club, ensuring that the stadium and the club itself deliver significant value to the community.

Putting community activity firmly at the heart of the football club will be a key objective of this initiative, as will formalising the clubʼs long-standing support for local charities, such as the Jessie May Trust.

BCC will be invited to become a Trustee.

June 2009" page 6 of 7

Page 22: Draft report to cabinet

COMMUNITY BENEFITCOMMUNITY BENEFIT VALUE comments8.South Bristol Satellite Junior Academy in South Bristol.

x2 fully-qualified coaches to value of £25k per annum.

£25k

An in principle commitment by BCFC to support a satellite junior academy linked in South Bristol will generate significant community benefit and contribute to the regeneration of a deprived area, as well as supporting BCC objectives for reducing health and social inequalities and creating balanced and sustainable communities.

The BCFC Junior Academy has strong ties with the senior Academy at the club and, as such, provides a pathway for the most gifted and talented players to reach the professional ranks. Bristol underperforms relative to other parts of England in producing top-class footballers. Linking areas across South Bristol will increase the opportunity for local players (such as Cityʼs Player of the Year 2009/10, Cole Skuse, who has progressed through the Academy), and create a greater football legacy for the city of Bristol.

TOTAL£370,365k

June 2009" page 7 of 7

Page 23: Draft report to cabinet

Appendix F – Draft Key Commercial Terms for Land Transfer and Community Benefits Documentation

Condition of Land Transfer

1 The Alderman Moores land and the car park adjacent to the current stadium (together comprising the “Council Land”) shall be transferred from the Council to Ashton Gate Limited (“AGL”) upon completion of the football stadium.

Provision of Community Benefits during the Repayment Period. 2 AGL shall provide the community benefits for a period of [30] years from the

date of completion of the stadium (such period of time to be referred to as the “Repayment Period”).

Provision of Community Benefits before and after the Repayment Period

3 AGL shall use its best endeavours to provide the community benefits in the period between (i) the signature of the contracts, and (ii) the completion of the football stadium.

4 AGL shall use its best endeavours to provide the community benefits from the

expiry of the Repayment Period until:

a. Bristol City FC (including any successor football club or franchise, or successor stadium operator) ceases to exist; and/or

b. Bristol City FC (including any successor football club or franchise, or

successor stadium operator) ceases to locate its stadium within the geographical boundary of the City of Bristol.

Securing the Council’s Interests

5 In the event of any transfer of ownership of the freehold title to the stadium by

AGL, such transfer shall only be permitted subject to the transferee agreeing to fulfil the outstanding obligations to provide the community benefits.

6 There shall be a restriction on the freehold title to the stadium in favour of the

Council in order to secure the provision of the community benefits. 7 AGL shall create a legal charge in favour of the Council over the freehold title

to the stadium to provide security in the event of any of the following occurring during the Repayment Period:

a. Bristol City FC (including any successor football club or franchise, or

successor stadium operator) ceases to exist; b. Bristol City FC (including any successor football club or franchise, or

successor stadium operator) ceases to locate its stadium within the geographical boundary of the City of Bristol;

Page 24: Draft report to cabinet

c. the insolvency of AGL and/or any affiliate; and /or

d. the transfer of some or all of the freehold title to the stadium.

8 The security provided by the charge shall be for a sum equivalent to the value

of the unperformed community benefits during the Repayment Period.

9 Any valuation of the community benefits during the life of the contract(s) shall be adjusted to reflect the variation in [RPI] in the period between the date of the contract(s) and the date of the valuation.

Arena

10 AGL shall, in good faith, work and co-operate with the Council and any other

relevant organisations to explore and to progress the potential development on the stadium site of an arena with facilities for events such as music events, indoor sports events and conferences.

[to be discussed with BCFC]

Page 25: Draft report to cabinet

1

Appendix G BRISTOL CITY COUNCIL

Equality Impact Assessment – Part One - Screening

Draft screening EQIA - Disposal of land to Bristol City Football Club

Part one of an EqIA – the screening – should be carried out at the planning and development stage of a policy, project, service, contract or strategy. This form should be used in conjunction with the guidance and as the first part of a full EqIA. Name of policy, project, service, contract or strategy being assessed

Disposal of land to Bristol City Football Club

Directorate and Service

City Development - Major Projects

Names and roles of officers completing the assessment

Alun Owen, Service Director Major Projects

Main contact telephone number

0117 9037481

Date

10th June 2010

Page 26: Draft report to cabinet

2

1. Identify the aims of the policy, project, service, contract or strategy and how it is implemented

Key Questions

Notes / Answers

Any actions needed? By whom?

1.1

Is this a new policy, project, service, contract or strategy or a review of an existing one?

This is a new project, but links closely with the City Council's World Cup Bid.

1.2

What is the main purpose of the policy, project, service, contract or strategy?

To dispose of a number of land interests in return for a wide range of community benefits.

1.3

What are the main activities of the policy, project, service, contract or strategy?

The project report for July 22nd Cabinet sets out the main processes to achieve this desired result.

1.4

Who are the main beneficiaries? Whose needs is it designed to meet?

The community both in the immediate area of the new stadium and to a lesser extent the whole of Bristol.

1.5

Which staff carry out the policy, project, service, contract or strategy?

Once the various land contracts are completed the monitoring will be carried out by BCC staff, but the implementation will be done mainly by BCFC.

1.6

Are there areas of the policy or function that could be governed by an officer's judgement? e.g. home

Yes, any changes to proposals will be discussed with the Executive Members and Cabinet as appropriate. Initially the basis of

Page 27: Draft report to cabinet

3

visits "where appropriate". If so, is there guidance on how to exercise this to prevent any possible bias/prejudice creeping in?

any agreement will be the subject of a Cabinet report.

1.7

Is the Council working in Partnership with other organisations to implement this policy or function? Should this be taken into consideration? e.g. Agree equalities monitoring categories Should the partnership arrangements have an EqIA?

The project does not create any new partnerships as such. The negotiated benefits package, however, enables some benefits of partnership working to be achieved.

1.8

Taking the six strands of equalities, do you have any initial thoughts that any of the six equalities strands have particular needs relevant to the policy or function? Or is there anything in the policy, project, service, contract or strategy that you can think of at this stage that could discriminate or disadvantage any groups of people? ie. Gender (include Transgender)

In addition BCC and BCFC will encourage female participation in all sporting activities arising from these community benefits.

Page 28: Draft report to cabinet

4

Disability Age Race Sexual Orientation Faith/Belief Do any other specific groups have particular needs relevant to the policy, project, service, contract or strategy?

The new stadium will be an excellent example of compliance with all DDA requirements. The community benefits are designed to assist some particular groups (younger people / older people) No specific issues identified at this stage. No specific issues identified at this stage. No specific issues identified at this stage.

1.9

Did you use any data to inform your initial thoughts above? What data do you already have?

No. Advice taken from Head of Sport.

1.10

Are there gaps in the data that require you to do further work? What are these gaps?

No.

Page 29: Draft report to cabinet

5

If the result of the screening process is that there is the potential for a significant impact on any equality group or if any equality group has significantly different needs, then a full equality impact assessment must be carried out. If you are unsure please seek advice from a directorate or corporate equalities officer. Additional comments / recommendations The draft screening Equalities Impact Assessment for the Disposal of land to Bristol City Football Club has been signed off at this stage as it is being presented to Cabinet in July 2010. Recommendations Even though the implementation of the various contracts will be mainly by the BCFC measures need to be included into the overall agreement to make sure that BCC are committed to carrying out the monitoring function of the wide range of community benefits that are to be agreed. The signing of this screening form has been agreed on the basis of the above recommendation. Signed: Alun Owen Signed: Jane Hamill Service Manager: Major Projects Directorate Equalities Adviser: Date: 7th July 2010 Date: 7th July 2010

Page 30: Draft report to cabinet

1

Appendix H

Environment Impact Checklist Title of report: Disposal of Land and Property Interests to Bristol City Football Club

Report author: Alun Owen

Anticipated date of key decision: 22 July 2010

Summary of proposals: Disposal of the Land and Property Interests identified in the report would enable significant community benefits to be achieved for the long term as a result of the construction of a new football stadium.

If yes... Will the proposal impact on...

Yes/ No

+ive or -ive Briefly describe

impact Briefly describe mitigation measures

Emission of Climate Changing Gases?

No ) )

Bristol's vulnerability to the effects of climate change?

No ) )

Consumption of non-renewable resources?

No ) ) ) )

See comment in main body of report & full Environmental Impact Assessment within the Planning report related to the proposed stadium dated 4 November 2009

Production, recycling or disposal of waste

No ) )

The appearance of the city?

No ) )

Pollution to land, water, or air?

No ) )

Wildlife and habitats? No )

Consulted with: Steve Ransom

Summary of impacts and mitigation - to go into the Cabinet/ Council Report

The significant impacts of this proposal are.... } See Planning The proposals include the following measures to mitigate the impacts …. }Report relatingThe net effects of the proposals are.... }to the proposed Stadium dated 4th Nov 2009

Checklist completed by: Steve Ransom

Name: Alun Owen

Dept.: City Development

Extension: 37481

Date: 14 June 2010

Verified by Environment and Sustainability Unit

Steve Ransom