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Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

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Page 1: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Public consultationCall Options

Memorandum of UnderstandingLegals

FinancesTimeline

Questions

Page 2: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Southborough Town Council, Tunbridge Wells Borough Council and Kent County Council are working together to deliver a new community facility for Southborough which would include a theatre, library, football pavilion, council offices, café and possibly a medical centre.

The partners wish to propose a public consultation on two options for the Southborough Hub. Option 1 refurbishment of the RVH or option 2, new build.

Given the level of interest in these options it is important to get the consultation right.

The following presentation sets out some of the points to be considered by the Councils in moving this forward.

Page 3: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Why are the partners looking to engage with the community?

Builds trust and relationships at the local levelAllows people to have a voiceInvolves the community in the changeMeets the needs and aspirations of local peopleDelivers a viable, well used and well supported facilityHelps to build support for the project

Page 4: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Factors partners should consider when considering who to consult?

• Those who will pay for it from their precept? • Yes• Geographical area? • Kent or wider still?• Current and potential users? • Ensures a viable solution• Similar neighbouring facilities?• Minimises risk to adjacent facilities, helps to identify

holes in the market, improves long term viability• Corp stakeholders? • E.g. FORVH, Wicked Productions etc..• Other stakeholders? • Hard to reach groups

Page 5: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

How partners could consult

Setup a stakeholder group (pros/cons)Social media (FB, Twitter, etc…)Technology (online questionnaires, weekly email updates, etc…)Old media (newspapers, leaflets, notice boards etc…) Other (meetings, etc…)

Page 6: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Standards partners should ensure it abides by

Integrity – fair interpretation of the schemesVisibility – raising awarenessAccessible – allowing everyone a voiceFull disclosure – holding nothing back (excludes commercial considerations)Fair interpretation – not a done deal

Page 7: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

A call option sometimes also called a “land option”, it is a tool which enables in this case KCC who (lead partner) to agree terms for acquiring land or property at a later date. This provides certainty to both partners going forward.

Call options are used when partners do not necessarily want to acquire the land immediately as they are still subject to the project progressing.

KCC is looking to enter into identical call options with both STC and TWBC to be able to call on their land when necessary

Page 8: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Call options will cover

The Royal Victoria Hall (STC land)Football pavilion land (STC land)Enabling development land including pitches (STC/KCC)Yew Tree Road car park (TWBC)137 London Road (TWBC)Toilets adjacent to the Tesco land (TWBC)Not covered by a call option but still part of the scheme – Ridgeway buildings (KCC)Not covered by a call option and not contributing to the scheme – the old library building (KCC)

Page 9: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

What will happen when KCC calls the land?

Football pitches could continue to be used137 London Road will be leased to STC so that they can continue to operate from the councils officesYew Tree road car park will remain open and continue to serve the townKCC would give three months notice prior to needing the land for the developmentAfter five years if KCC has not been able to deliver the project everything reverts back to how it was

Page 10: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Sets out the proposed governance for the scheme

Sets out the requirements for what is to be delivered (theatre, football pavilion, etc…)

Is not legally binding but leads to a development agreement which is legally binding

Puts in place a project board with three elected members, one from each council.

Elected members will be:◦ STC Chairman◦ TWBC Cabinet Member for Communities and Wellbeing◦ KCC Cabinet Member for Community Services

Page 11: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Project boardSTC TWBC KCC

Councils decision making

processes

Project teamSTC TWBC KCC

Page 12: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Voting is by majority (under certain circumstances casting vote to KCC if deadlock)

Project board would be supported by officers Subject to agreement by the project board, it maybe

possible to allow additional persons to attend e.g. other Cllrs, stakeholders etc… but they will not be permitted to vote.

Any issues between the partners can be resolved by independent expert determination

The MoU and the call options will be signed at the same time

The MoU is not intended to answer every question and there is still a lot of detail that needs to be worked through and this will follow in the development agreement

Page 13: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

This is not a takeover by KCC, more about using partners strengths

KCC will bring know-how, capacity, ability to take risk, potential VAT benefits etc…

Neither the MoU nor the Call Options will predetermine what happens to the RVH or what option will be pursued in the future

Page 14: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Spend to date £75k (£25k from each partner)

Subject to call options/ MOU being signed £70k from each partner will be required Work can then progress

Page 15: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

STC decision – 26 March TWBC decision – 16 April KCC decision – 21 April Stakeholder engagement - ongoing Consultation - May Planning Application -June Planning Decision – September Construction begins – November Construction Period 12 months

Page 16: Public consultation Call Options Memorandum of Understanding Legals Finances Timeline Questions

Thank youAny questions?