Decisions

·       To transfer services currently run by Cambridge Live back to the Council to be run directly by the authority.

·       To recommend to Council that the 2019/20 budget be revised to make an allocation of £250k to be utilised for the transition.

CAMBRIDGE CITY COUNCIL

Record of Executive Decision

 

Outcome of Cambridge Live Review

 

Decision of:	Councillor Smith Executive Councillor for Communities
Reference:
Date of decision:	20/12/18	Recorded on:	20/12/18
Decision Type:	Key
Matter for Decision:	Future of the Cambridge Live contract
Why the decision had to be made (and any alternative options):	The Council has been working with Cambridge Live to review the organisation’s business, and this work has now concluded. Both parties have agreed that the contracted services run by Cambridge Live should return back to the direct control of the Council. The decision is made in the best interests of the beneficiaries of these services, i.e local people and to ensure a successful and financially sustainable future for all cultural activity covered by the contract. An urgent decision had to be made as the operation of the contract was not meeting financial performance requirements and the Council and Cambridge Live needed to take steps to ensure business continuity.
The Executive Councillor’s decision(s):	To transfer services currently run by Cambridge Live back to the Council to be run directly by the authority To recommend to Council that the 2019/20 budget be revised to make an allocation of £250k to be utilised for the transition. .
Reasons for the decision:	As set out in the briefing paper from the Strategic Director attached
Scrutiny consideration:     Report:	The Chair of Environment and Community Scrutiny Committee was consulted prior to the action being authorised. The Chair agreed that under Special Urgency Procedures (9.4, Part 4B, Council Constitution) the decision could not be reasonably deferred.   A briefing note from the Strategic Director explaining the reasons for the decision is attached.
Conflicts of interest:	None

 

Item

CAMBRIDGE LIVE:

OUTCOME OF REVIEW

To: Councillor Anna Smith, Executive Councillor for Communities

Report by:
Suzanne Hemingway, Strategic Director.

 

Wards affected: All

 

Key Decision

1.       Executive Summary

1.1     The Council has been working with Cambridge Live to review the organisation’s business, and this work has now concluded. Both parties have agreed that the contracted services run by Cambridge Live should return back to the direct control of the Council. The decision is made in the best interests of the beneficiaries of these services, i.e local people and to ensure a successful and financially sustainable future for all cultural activity covered by the contract. 

2.       Recommendations

The Executive Councillor is recommended to:

2.1     Transfer services currently run by Cambridge Live back to the Council to be run directly by the authority.

2.2     Recommend to the Council that the Council’s 2019/20 budget be revised to make an allocation of £250k to be utilised for the transition. 

3.       Background

3.1     The Council decided to establish Cambridge Live (CL) in October 2014, in order to reduce the subsidy required to these services, provide a sustainable financial and operational basis on which the services can thrive, and to manage and mitigate the increasing risk to the authority of continuing to provide the services directly. This decision was taken in a context not dissimilar from today, in which  officers identified that “The risk profile for this area of activity is high, due  … financial volatility of the events and entertainment sector “ and that “Citizens’ Surveys show that residents support these services but challenge levels of subsidy and do not think the Council should run them directly.”

3.2     The new model was established so that it could take advantage of operating efficiencies, cost savings and income generating opportunities and well as provide a more innovative and flexible environment in which cultural activity in Cambridge could thrive for the benefit of local people.

3.3     CL made progress in establishing the charity, expanding its business, establishing networks and relationships and reviewing the Folk Festival among many other achievements. However, launching a start-up is not without its risks particularly during the first few years of trading. As such, a joint review of the business plan was planned for 2017, midway through the first funding period.

The first phase of this work revealed a need for the Council to consider revised short term funding arrangements to CL and for CL to strengthen the financial management and governance of the charity. In June 2018, the Council agreed to support a turnaround with the following points:

§  The Council should work with CL to put in place bespoke and stronger governance focused on a turnaround plan, for a time limited period;

§  The Council would provide staged, time limited financial support, of up to £500k, to enable the charity to develop and then implement their new business plan.

3.4     Since then, officers have been working closely with CL. Despite the appointment of a new chair, a smaller Board, an interim Managing Director, and significant external advice, the charity has not been able to develop a viable business plan. Rather, the financial situation has worsened and the Council would have to provide further financial underwriting immediately and on an ongoing basis to enable the charity to return to a sustainable position. However, it would take a significant number of years to address this.

3.5 Accordingly, the Council has offered to support CL with a voluntary return of the Contract. Services will return to management directly by the Council. Detailed financial modelling work has been undertaken, and the Council has preparations in hand to affect a smooth transfer for services, staff and customers.

 

3.6 Short-term financial support of £750,000 (i.e. increase of £250,000 on the £500k funding already approved) will be required in 2018/19 and 2019/20 for:

§  Prepare the services for transfer

§  Re-integration into financial and IT systems at the Council

§  Management and project capacity for the transition

 

3.7 The key advantages of this option are that:

§  Surety of uninterrupted business and service continuity for staff and customers

§  The Council has skills and previous experience of managing all of the services.

§  The Council will have direct control of costs and staff

§  All financial issues are addressed and assets are returned to the Council

 

3.7 The key issues are:

·       The loss of the Charity, and benefits such as its charitable objectives, rate relief, cultural exemption, more flexible decision making, and facility for fund-raising

·       The impact of reintegration on Council services, both on a one-off and ongoing basis, that requires extra resources from within the Council

 

3.8 Other option considered but not pursued

The other option pursued up until now has been that of supporting CL to continue. The advantages of this would be retention of charity and charitable benefits (and thus ability to access alternative sources of income) and retention of cultural exemption. However, whilst it is technically possible for CL to continue with an injection of funds, the charity is not in a strong enough position to affect the turnaround required.

If the Council does not intervene, there would be a real risk of Cambridge Live becoming insolvent. Insolvency would have an impact on services and customers for a significant period.

 

4. Implications

Financial

·       The earmarked reserve of £500k already allocated to supporting the CL turnaround needs to be increased by £250k to ensure sufficient funding in place to cover the transition costs.

·       On an ongoing basis, the financial model shows that the service can be sustainable assuming ongoing Council contributions to the service, equivalent to the contract fee (plus inflationary uplift) for the foreseeable future.

Implications for CL, services and staff:  All staff and aspects of the Council’s contract with Cambridge Live will transfer back to the Council and services will be managed under a revised staffing structure. There will need to be a minor restructure to ensure this is appropriate and fit for purpose within the Council and this will be dealt with under the organisational change policy.

 

 

 

 

 

 

 

The Committee received a report informing Committee about the differences between the affordable housing threshold set out in the Local Plan 2018 (in policy 45 affordable housing), and that in the new National Planning Policy Framework 2018 (NPPF) and recommend that significant weight be given to the national threshold in planning decision making and when planning advice was given.

 

The Committee:

 

Resolved (9 votes to 0) to accept the officer recommendation to:

 

                 i.          Take note of the different affordable housing thresholds between the adopted Local Plan 2018 (policy 45) and the National Planning Policy Framework 2018 (at paragraph 63 and the glossary); and

               ii.          Agree that, for the reasons set out in the in paragraphs 5-16 of the Officer’s report, that when determining planning applications and when giving pre-application advice that significant weight will be given to the affordable housing threshold policy set out in the National Planning Policy Framework 2018 (at paragraph 63 and the glossary).

The Committee received an application for the…

 

The Committee received an application to confirm, not to confirm, or confirm subject to modifications the Tree Preservation Order 16/2018 that relates to a Selwyn College, Grange Road.

 

The Committee:

 

Unanimously resolved to accept the officer recommendation and grant permission to confirm the TPO that was the subject of the application.

The Committee received an application for full planning permission.

 

The application sought approval for the erection of a two storey dwelling house, following demolition of the existing bungalow.

 

Sam Hicks (Applicant’s Agent) addressed the Committee in support of the application.

 

The Committee:

 

Unanimously resolved to grant the application for planning permission in accordance with the officer recommendation, for the reasons set out in the officer report, and subject to the conditions recommended by the officers.

The Committee received an application for Section 73 application to vary condition 1.

 

The Section 73 application sought approval to vary condition 1 (Approved Drawings) of permission 15/0804/FUL (New dwelling to rear of site with access from Trumpington Road) to omit the basement level and ground floor rooflights, enlarge the first floor and install a green roof.

 

The Committee:

 

Resolved (by 9 votes to 0) to grant the application for planning permission in accordance with the officer recommendation, for the reasons set out in the officer report, and subject to the conditions recommended by the officers.

 

INFORMATIVE: The developer is encouraged to include hedgehog holes within the boundaries in order to promote biodiversity by allowing the movement of hedgehogs between existing gardens and the development site, which could be agreed under condition 18.

 

The Committee received an application for full planning permission.

 

The application sought approval for the demolition of existing garages and erection of 3no. affordable dwellings, partial widening of access and associated works.

 

The Committee:

 

Resolved (by 9 votes to 0) to grant the application for planning permission in accordance with the officer recommendation, for the reasons set out in the officer report, and subject to the conditions recommended by the officers and delegated powers to add informative regarding assisted bin collection and amend accessible housing condition to include a car parking space to meet requirements of Part M4(2).

 

The Chair read the following statement before the considering of this item:

 

This application now returns to Committee today after its last presentation at Committee on 1st November 2017. At that meeting, pending the submission of further technical information by the applicant, a decision was deferred by initiating the Adjourned Decision Making Protocol. Officers have now advised the Protocol was incorrectly applied because this is a minor application; the Protocol applies only to major applications. Committee in effect resolved to defer its decision. As a consequence the application now comes to you for determination free of the Protocol thus enabling all Members to now participate and vote in its determination. The Protocol does not apply.

 

The Committee received an application for outline planning permission.

 

The application sought approval for the erection of a cycle themed cafe with ancillary kitchen, storage area, WCs, bin enclosure and cycle repair outlet along with associated infrastructure including 24 car parking spaces, 100 cycle parking spaces, a partly new and upgraded internal road, public open space and associated picnic/ play areas.

 

The Committee noted the amendment sheet and the late submissions as detailed by the Planning Officer.

 

The Committee received representations in support of the application.

 

The Committee received a representation in objection to the application from a local resident.

 

The representation covered the following issues:

     i.        Application contravenes policy guidelines.

    ii.        Wildlife and commercial interests on a limited site would be contradictory use.

   iii.        Application was, in essence, for unspecified private use and could be used for any restaurant.

  iv.        Green belt deserved to be protected.

   v.        There were a number of other places to eat very near this site.

 

Councillor Johnson (Abbey Ward Councillor) was unable to attend to address the Committee regarding the application so the Chair read out the following statement on his behalf:

 

I ask that the Planning Committee consider approving this application as I believe that the reasons suggested for refusal do not fully account for the progress made in revising the proposals since the original plans were put forward.

 

It is clear that much thought and consideration has gone into ensuring the cafe development is sensitive to the surrounding area around Barnwell Lake, including Coldham’s Common. The footprint of the proposal has been reduced in size and the scale has also been revised since last considered.

 

The wider area is due to see up to five thousand cycle movements per day as a consequence of the Chisholm Trail, and the construction of this new facility will positively assist with the promotion of the trail as an important piece of our city’s transport infrastructure.

 

The position of the proposed cafe will bring people to this hitherto neglected part of the city’s green and open spaces and, from an ecology standpoint, I am reassured by the applicant’s aspiration to not only deliver a sustainable development, but to also allow the facility to act as a catalyst for potential regeneration of the immediate vicinity for flowers and other flora.

 

Members of the Committee suggested that the development was needed and would enhance the area, encourage cycle use and allow wider public use of the lakeside area. Members took the view that steps could be taken to mitigate any impact on wildlife and flora in the area, through an Ecological Design Statement Condition.

 

Members noted that the scale of the revised proposal had been reduced and that the corridor will change significantly through the creation of the Chisholm Trail underpass.

 

The Interim Planning Delivery Manager outlined material considerations in the National Policy Framework which stated that developments within the green belt were by definition inappropriate. She reminded the Committee that, if they were minded to reject the officer’s recommendation of refusal, they would need to provide very special circumstances.

 

The Committee:

 

Resolved (by 6 votes to 4) to reject the officer recommendation to refuse the application.

 

Resolved (by 9 votes to 0) an additional condition regarding opening hours of 6am to 8pm.

 

Resolved (by 7 votes to 3) to approve the application contrary to the officer recommendation for the following reasons, subject to referral to the Secretary of State for the following reasons:

 

The very special circumstances advanced by Committee include that the development would result in increased recreational use of a private area of Green Belt land which would result in considerable public benefit.  The development would support recreational and commuting cyclists and encourage others to make sustainable travel choices in the interests of reducing congestion in the City and promoting wellbeing.  This includes expanding opportunities for social interaction and healthy lifestyles, principles set out in paragraph 91 of the NPPF (2018).

 

The development is considered to provide essential refreshment and cycle repair facilities to meet the needs of users of the Chisholm Trail and the angling club, thereby providing an essential resource for community use at a strategic location along the Trail.

 

The proposed café facility would increase public access to a private site to the benefit of the surrounding community, this is by reason of the picnic and recreation areas which would be created and a layout which would encourage walking and cycling.

 

The development would have limited visual impact due to the sunken nature of the site and the low impact design of the building, which includes the single storey design of the building and the use of a green roof.  This would ensure the visual impacts of the development would not be harmful and would not conflict with the purposes of including land within the Green Belt. 

 

The very special circumstances are unique to this site because of the combination of the lakeside setting, its relationship with the new Chisholm Trail strategic cycle route and the benefit to the immediate surrounding local community.  The development would provide a new facility open to the community which would positively enhance the beneficial use of the land through public access, providing opportunities for recreation, which is a principle set out in paragraphs 91 and 141 of the NPPF (2018).  These very special circumstances are considered to clearly outweigh the harm by reason of inappropriate development which satisfies the test of paragraph 144 of the NPPF (2018) and Cambridge Local Plan (2018) policy 4.

 

Necessary planning conditions include those relating to the ecology and the Ecological Design Statement; ‘permitted development’ restrictions; hours of use; restrictions on lighting and advertisements; drainage related conditions; Environmental Health conditions; delivery restrictions and a site management plan.

 

The final drafting of the reason for approval and planning conditions is to be agreed through consultation with Chair, Vice Chair and Spokes.

The Committee received an application for full planning permission.

 

The application sought approval for demolition of No.149 Newmarket Road and existing garage structures, the erection of new buildings producing a total of 11 residential units, the formation of a cafe space (use class A3) on the ground floor of Logic House, brick and tile tinting to Logic House and associated infrastructure and works.

 

At the 29 August meeting of Planning Committee, Members resolved they were minded to refuse the application, a decision on whether to approve or refuse the application was subsequently deferred under the Adjourned Decision Protocol.

 

Under the Council’s agreed Adjourned Decisions Protocol this application has been brought back to Committee to allow further discussion of reasons for refusal.

 

A decision could no longer be issued so agreement on the basis for the Statement of Case was required.

 

The Committee received a representation in objection to the application from the Appointed Person on the Parish Church Council of Christ Church.

 

The representation covered the following issues:

       i.          Referred to his comments made at 29 August 2018 Planning Committee.

     ii.          The Church and Logic House site developer were now having fruitful discussions on how to develop the site as a whole. (Note: Applications for 143-147 Newmarket Road and 149 Newmarket Road and Abbey Church impacted on each other.)

 

The Committee:

 

Resolved (by 9 votes to 0) to accept reasons for refusal in line with the Officer recommendation. A decision cannot be issued as an appeal against non-determination has been lodged. The accepted reasons for refusal will form the basis of the Council’s statement of case.

The Committee received an application for full planning permission.

 

The application sought approval for mixed use development comprising a Day Nursery at ground floor and 37 self-contained 1xbed student rooms at the rear and on the upper floors along with a vehicle drop-off zone, disabled car parking space, cycle parking and associated landscaping.

 

This application is returned to Planning Committee because there has been a key change in the planning policy background since an earlier Committee resolution 28 March 2018 to grant permission. As a result of this change, officers now recommend refusal.

 

The Principal Planner updated his report (as shown in bold) to supplement/correct details on P75:

3.2 The Cambridge Local Plan 2006 contained a policy…..

 

3.2a Policy 46 of the Local Plan states:

Proposals for new student accommodation will be permitted if they meet identified……

 

The Committee:

 

Resolved (by 7 votes to 0) to refuse the application for planning permission in accordance with the officer recommendation, for the reason set out in the officer report.

 

The Committee received an application for full planning permission.

 

The application sought approval for the demolition of an existing sports pavilion, erection of a new sports pavilion, alterations to an existing car park and a vehicular access, a cycle shelter, new flood-lit artificial surfaced sports pitches and associated soft and hard landscaping.

 

The Planner updated his report:

       i.          Corrected condition 15 (P64). Access would be provided as per drawings.

     ii.          Referred to amended recommendations on the amendment sheet.

 

The Chair referred to ‘change of circumstances’ document on the amendment sheet.

 

Ms Avery (Applicant’s Representative) addressed the Committee in support of the application.

 

The Committee:

 

Resolved (by 8 votes to 1) to approve planning permission, subject to a S106 to secure the community use and subject to referral to the Secretary of State in accordance with the officer recommendation, for the reasons set out in the officer report, and subject to the conditions recommended by the officer plus additional ones set out on the amendment sheet (and below).

 

Additional condition:

 

Prior to the first use of the pavilion building, hereby permitted, visibility splays shall be provided each side of the vehicular access. Minimum dimensions to secure the required splays shall be 2.4m, measured along the centre line of the proposed access from its junction with the channel line of the highway carriageway, and 70m, measured along the channel line of the highway carriageway from the centre line of the proposed access. The splays shall be thereafter maintained free from any obstruction exceeding 0.6m above the level of the highway carriageway.

 

Reason: In the interests of highway safety. (Cambridge Local Plan 2018 policy 81)

 

Additional informative:

 

Anglian Water has assets close to or crossing this site or there are assets subject to an adoption agreement. Therefore the site layout should take this into account and accommodate those assets within either prospectively adoptable highways or public open space. If this is not practicable then the sewers will need to be diverted at the developers cost under Section 185 of the Water Industry Act 1991. or, in the case of apparatus under an adoption agreement, liaise with the owners of the apparatus. It should be noted that the diversion works should normally be completed before development can commence.

The minutes of the meeting held on 29 August 2018 were approved as a correct record and signed by the Chair.