Agenda and decisions

Salford City Council - Record of Decision

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby approve:

1. THAT the Derwent Development Management Limited (DMML) (a company with close links to the Albert Gubay Charitable Foundation (AGCF)) be appointed to oversee all aspects of the procurement and delivery process in delivering the Peel Park Community Pavilion project.

2. THAT Salford City Council  will pay all costs for the works by Salford City Council (currently estimated at £720,000 plus VAT), including VAT payments with all costs (net of VAT) being underwritten by AGCF.

3. THAT following the appointment of the DMML, the Council will enter into a Building Contract with the building contractor appointed by DMML to capture the works and associated delivery arrangements.

4. THAT an Agreement for Lease which will be entered into between Salford City Council and AGCF to oblige AGCF to enter into a 99 year lease of the Peel Park Pavilion with the Council following practical completion of the works under the building contract for an estimated £720k.

5. THAT a 99 year lease of the Peel Park Pavilion to AGCF will be granted following practical completion of the works with AGCF, in turn, granting a sub-lease of the premises to the local community association on the same terms and conditions.

6. THAT the Strategic Director of Place, in conjunction with the Section 151 officer, be authorised to agree to any variations to the above approvals on the basis that any financial changes are underwritten by AGCF.

7. THAT the Shared Legal Service be authorised to complete all documentation to facilitate the above recommendations.

8. THAT the Salford City Council’s partial exemption position will need monitoring by the Section 151 officer due to the amount of exempt VAT associated with this arrangement, potentially meaning other projects in 2023/24 may need to be delayed if they have exempt VAT in 2023/24.

The Reasons are the proposal from the Albert Gubay Charitable Foundation (AGCF) to spend c.£720,000 on improvement works to the Peel Park Pavilion will safeguard and enhance the building’s future as a local community asset.

Options considered and rejected:             n/a

Assessment of Risk:                                    Low

The source of funding is:  The Council are being asked to make funding available for the proposed works. While the monies (excl VAT) will be returned it is necessary for the monies to be made available through unsupported borrowing.

Legal Advice obtained:                               Laura Gledhill, Commercial Legal Team and Deborah Scott, Property Legal Team

Financial Advice obtained:                         Tony Thompstone, Strategic Finance Manager (VAT comments) and Paul Guest, Senior Accountant

Procurement Advice obtained:                  Anthony Hilton, Strategic Head of

                                                                 Procurement

HR Advice obtained:                                   Not applicable

Climate Change Advice obtained:            Not applicable

The following documents have been used to assist the decision process.

Report submitted to Property/Regeneration Briefing on 27 February 2023

Contact Officer:  Peter Openshaw

Asst Director Environment and Community Safety       

The following items are for the primary purpose of providing members of the public with all relevant information on the respective matters, other than those elements, which in accordance with the relevant sections of the Local Government Act 1972, remain confidential and require that any arising decision is taken in Part 2 of the agenda.

Salford City Council - Record of Decision

I, Councillor Tracy Kelly, Deputy City Mayor, in exercise of the powers contained within the City Council constitution do hereby:

1. Approve the acquisition of the former St Joseph’s RC Church and Presbytery, Ordsall on the terms provisionally agreed.

2. Approve the transfer of an area of existing school playing field to the Roman Catholic Diocese under the School Standards and Framework Act.

3. Delegate authority to the Strategic Director of Place and the Section 151 officer to negotiate and finalise the commercial arrangements and all other necessary ancillary agreements to allow the completion of the arrangements for the disposal.

4. Authorise the City Solicitor to progress and complete the associated legal formalities and the taking of all steps required to give effect to the above recommendations.

The Reasons are:   To facilitate the future development of the site

Options considered and rejected:             n/a

Assessment of Risk:                                    Low

The source of funding is:                            n/a

Legal Advice obtained:                               Gaynor Corfe- Shared Legal Service

Financial Advice obtained:                         Abbie Murphy- Accountant- Salford Finance

Procurement Advice obtained:                  Not applicable

HR Advice obtained:                                   Not applicable

Climate Change Advice obtained:            Not applicable

The following documents have been used to assist the decision process.

Public briefing report submitted to Property/Regeneration Briefing on 27 February 2023

Contact Officer:  Angela Martens - Asst Principal Development Surveyor   

Tel No 0161 779 6077

*           This decision was published on Monday 27 February 2023                                          

*           This decision will come in force at 4.00 p.m. on Monday 6 March 2023                                             unless it is called-in in accordance with the Decision-Making Process Rules.