LONDON BOROUGH OF WALTHAM FOREST
Title:
Transfer of Brooks Farm to Forest YMCA
Directorate:
Families Directorate
Report of:
Darren Newman, Head of Strategic Commissioning
Contact:
Darren Newman/Alfred Donkor
Phone:
Tel: 0208 496 3239
Email:
darren.newman@walthamforest.gov.uk;
Action required:
For Decision
Appendices
Appendix 1 – Heads of Terms of Lease
Appendix 2 – Cabinet Decision – 12-01-2010
Appendix 3 - Briefing Report for The Leader on
Brooks Farm 14/02/2013
1.
SUMMARY
1.1
This paper recommends the transfer of the property including staff and
stock at Brooks Farm to Forest YMCA and the granting of a lease of 25
years. This proposal, if approved, will result in:
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An immediate investment of £ 493,597 in the transformation of
the physical fabric (by 31st March 2014), and consequently;
A broader range of activities and services at the farm;
An increase in visitor numbers;
More staffing resources on site and;
Savings of £81,600 per annum for the Council currently spent on
running the site.
This proposed transfer relates to Brooks Farm only and does not relate
to Skelton’s Lane Park as a whole
2.
RECOMMENDATION
2.1.
The Head of Property Decision
The Head of Property Services is requested to agree to the
leasing of Brooks Farm to Forest YMCA for a period of 25 years
in accordance with the Head of Terms set out in Appendix 1.
2.2.
The Deputy Chief Executive (Families) Decision
The Deputy Chief Executive is requested to agree the transfer of
the property including staff and stock at Brooks Farm to Forest
YMCA the details of which will be set out in an Agreement (to be
drafted).
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3.
REASON FOR DECISION
3.1 This decision achieves savings of £81,600 per annum for the
Council currently spent on running the site.
3.2
4.
Forest YMCA’s proposal is to integrate Brooks Farm into its
wider suite of cultural, educational, vocational and therapeutic
services for local children, young people and families and
develop a thriving operation in and around the farm. This will
provide considerable increased benefits for the local community
and economy as outlined in section 4.8 below.
PROPOSAL
4.1
Brooks Farm is a City Farm within the broader Skelton’s Lane
Park in Leyton E10. Situated on the edge of Beaumont Estate,
the farm covers approximately 1.1 acres and houses a small
animal unit with paddock area, large animal barn, several
aviaries, duck pond, an environmental area, a children’s corner
and picnic/under-fives area, a classroom, an office and toilet
facilities.
4.2
Owned and operated by the Council, Brooks Farm was set up in
the 1990’s, and acts as a community resource providing
opportunities for training, education, work and play for young
and old and for people with physical and learning difficulties.
4.3
Due to its declining budget over the past few years, Brooks
Farm has struggled to renew its infrastructure, sustain adequate
staffing levels and refresh its service offer. Without a Café and
shop, income generation has been low. The physical
infrastructure has suffered neglect and in a state of disrepair. It
requires urgent renewal and modernisation
4.4
At a cabinet meeting on the 10th of January 2010, Cabinet
agreed;
(a)
To set up a charitable company to run Brooks Farm, and
grant that company a lease for 21 years from 1 st April
2010 at a peppercorn rent and such other terms to be
agreed by the Head of Property Services.
(b)
That the Council set up the company with minority
Council interest and that the company members appoint
directors ensuring no more than 19% of board members
are councillors and officers, or persons associated with
them.
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Since the Cabinet decision in 2010, a charitable company
Brooks City Farm with registration number 1145646,was
established with local trustees to take over the running of the
Farm. Although the charity was duly registered with Charity
Commission, it was unable to secure sufficient funding to meet
the running costs of the Farm. Additionally the charity did not
meet the Council’s acceptance criteria for taking over the
management of the Farm and the Council informed the charity
on 27th March 2013 that the opportunity for them to take over
running the Farm would cease with immediate effect.
Consequently, The Council started to explore other avenues for
securing the Farm’s long term future.
4.6
In furtherance of this, in April 2013 the Council invited
Expressions of Interest from individuals or organisations
interested in taking over the management of the Farm. Two
expressions of interest were received from William Morris
School and YMCA. William Morris School’s proposals included a
requirement on the Council to invest £150,000 annually initially
to enable them to take over the Farm. Forest YMCA didn’t
actually complete the questionnaire. The reason given was
because the Council ‘didn’t disclose trading or staffing
information nor proposed any legal or financial framework for the
use of the site’. The procurement process was therefore
unsuccessful and the organisations informed were on 26th July
2013.
4.7
Subsequent to this, Forest YMCA have submitted a new formal
proposal to the Council to take over the management of the
Farm. Forest YMCA have secured £493,597 capital grant from
the Department of Communities and Local Government Asset
Transfer programme towards the refurbishment and
redevelopment of the Farm. The grant has to be accepted by
Forest YMCA by 9th February, after which time the offer of the
capital grant will lapse.
Benefits of transferring to YMCA
Forest YMCA’s proposal is to integrate Brooks Farm into its
wider suite of cultural, educational, vocational and therapeutic
services for local children, young people and families and
develop a thriving operation in and around the farm. As a
consequence it is forecast:
4.8
•
Over 60,000 people will visit the farm each year and enjoy a
semi-rural environment, the therapeutic benefits of a farm and
learn about animals, food production and the environment.
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• Over 3,000 children and students will learn about animals,
farming and the environment, which will support their academic
studies.
• A monthly market will be established which will be attended by at
least 10-15 small local suppliers.
• Increased volunteering, employment and skills development
opportunities such as bee keeping, enabling more people to
volunteer and gain diverse skills.
• Over 1,000 people will acquire new skills through range of night
classes.
• The introduction of community allotments and education on
organic vegetable farming will promote healthy eating.
• Over 20 young homeless people each year will have the
opportunity to train and work at the farm, and gain skills in a
range of different work areas, including farm hand, shop
assistant, dry stone walling, enabling them to go on to gain
external employment and achieve independence.
PHYSICAL RENEWAL
4.9 Forest YMCA are proposing to invest the grant of £493,597 from the
Department of Communities and Local Government into renewing the
Farm. Specifically the proposal is to:
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Erect new boundary fences and gate to make the site more secure and
eradicate fox attacks on the animals.
Replace all old and install all new buildings, including a café and shop and
an extra classroom, with modular buildings from recycled shipping
containers (based on the award-winning mYPad concept).
Repair and install services, such as drainage and electrics.
Undertake external works, such as pathways, fences and landscaping.
The result will be a much improved farm that is more attractive to both
visitors and the local community and help drive up visitor numbers and
improve the farm’s long-term sustainability.
A NEW SERVICE OFFER
4.10Alongside the physical transformation, Forest YMCA are proposing a
much improved service offer (based on market analysis and review of
services across similar city farms across London) including:
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Formal educational opportunities including, self-guided tours, guided
tours, mobile farm visits to schools, animal handling demonstrations,
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project based workshops and the provision of national curriculum-linked
educational literature.
An additional classroom / community meeting space in order to double the
numbers using the farm for formal educational visits, birthday parties,
meeting space etc.
A farm shop and café offering branded merchandise and items produced
from workshops (yarn, fencing, compost, honey, goats milk) and serve
fresh, organic food, where possible using produce grown on site or by
local producers. This will provide an inviting public “face” of the farm
providing a community meeting space and information about the farm and
its activities.
Informal educational opportunities
Expansion of the “nature reserve” area, to encourage inserts, such as
butterflies, dragonflies and birds and to grow wild flowers, enabling us to
demonstrate the eco-system to visitors.
A wide range of projects such as bee keeping, dry walling and hurdle
fencing projects offering volunteering, educational and employment
opportunities.
Introducing a range of evening courses and workshops such as:
 Arts and crafts
 Yarn production, spinning and knitting
 Carpentry and tree surgery
 Yoga and mindfulness
 Organic gardening and composting
 Cooking and baking.
 Establish a monthly craft and farmer’s market
 Create a community allotment
 Provide additional employment opportunities to our young homeless
people via our PACE employment programme
A key objective is to fully utilise the new facilities to improve visitor numbers
and expand volunteering and employment opportunities for local people.
4.11 Increased visitor numbers
With much improved facilities, a better service offer and improved marketing,
visitor numbers are forecast to grow from the current 30-800 a day, by at least
a third in year 1 to around 60,000 by year 3.
4.12 Improve staffing levels
Additionally, Forest YMCA proposes to increase staffing levels from the
current 3 full time and 1 part time contract staff to the London city farm
average of 10 staff FTE.
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4.13 Employment opportunities
Brooks Farm will be linked into YMCA’s mYPad accommodation facility which
is opening in Coopers Lane, Leyton, less than 200 metres from the farm. The
synergies from this collaboration between the two projects include increased
opportunities for work experience and volunteering and additional resources,
expertise and shared learning across on both projects.
4.14 TRACK RECORD
Forest YMCA will bring to this endeavor considerable skills and expertise in
managing substantial capital developments, providing residential,
rehabilitative and employment schemes, running the Lambourne End Outdoor
Learning Centre, welfare schemes for vulnerable young people and award
winning accommodation and employment solutions for young people.
ADDITIONALITY
4.15
Community-led service delivery
Brooks Farm has been delivering community led services for many years
including providing opportunities for local people to learn, explore and
socialise in semi-rural and therapeutic environment. A Children’s volunteering
group ‘Farm Family’ comprising 30 children and young people aged 8- 25 has
been formed with the objective of supporting children and young people with
special needs including young people with disabilities, SEN, those at-risk of
gangs and crime to enable them to take part in the farm’s activities. They
undertake a range of volunteering roles on the Farm including building
enclosures, maintenance, animal husbandry, gardening and animal handling.
This is essential to retain the Farm’s membership of the City Farm Federation
and YMCA will be required to sustain and build on this volunteer network.
The farm has developed strong links with local 30 schools as well as Burnside
PRU providing local children and young people with a range of educational
opportunities, work experience and the opportunity to acquire the Duke of
Edinburgh Award.
4.16
Sustainability
One of the major challenges facing Brooks Farm has been the inability to
generate sufficient income. Forest YMCA estimate that their broader offer and
innovative trading activities (facility hire, shop & café) will generate a line profit
of circa £70,000 per annum, and educational visits and classes will generate a
line profit of £50,000 per annum.
YMCA will bring in £50,000 per annum to support the operations of the Farm
through applications to Trusts and Big Lottery.
 Holding fundraising events, such as a barn dance, open days, coffee
mornings and carol concerts
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Individuals – via one off donations, sponsoring an animal
Charity of the Year applications to local companies
5.
ALTERNATIVES CONSIDERED
5.1.
A number of procurements have been undertaken with a view to
securing a partner to take over the running of this facility the most
recent being in September 2013 which did not lead to a successful
outcome. A bid received from William Morris School at the time
required the Council to invest £150,000 into the Farm annually initially
to enable them to run the facility on our behalf. The proposal was not
sustainable financially and could not be approved.
5.2.
Doing nothing
The lack of investment in Brooks Farm has limited its potential and led
to a decline in the physical infrastructure. Doing nothing would lead to
further deterioration in the Farm and deprive residents the educational,
leisure and health benefits that it offers. The Council has tried for
several years to secure a partner able to bring in the needed resources
to refurbish and return the farm to its full operating potential. Doing
nothing will not deliver value for local residents.
5.3.
YMCA’s proposal will not only transform the physical fabric of the farm
through an investment of £497,000 it will generate economic and social
benefits for the local community. It is an excellent opportunity for the
Council to work in partnership with a local community organisation to
transfer an asset and secure the future of a community resource.
6.
CONSULTATION
6.1
All key internal stakeholders have been consulted in developing this
report. In addition, Forest YMCA is committed to actively consulting
service users on the planning, development and delivery of services.
Brooks Farm already has an established network of stakeholders. To
ensure seamless transition and during the handover period, Forest
YMCA representatives will:
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Meet with current stakeholders including schools, volunteers,
supporters, external partners and staff, Farm Family, Friends
of Brooks Farm and encourage them to provide feedback
redevelopment plans and submit their own ideas for new
service developments
Hold an open meeting on site to garner views and opinions
of local people
Set up an offline and online questionnaire for capturing
people’s views
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7.
Establish a formal Stakeholders Working Group inviting
representatives from each stakeholder group.
IMPLICATIONS
7.1.
Financial
7.1.1 The Medium Term Financial Strategy includes an agreed
saving of £70,000 from the transfer of Brooks Farm to
charitable status. £40,000 was to be achieved in 2013-14
as a part-year effect and an additional £30,000 in 201415 from the full-year effect. The transfer to the YMCA
would realise these savings.
7.1.2 The 2013-14 budget is £81,600, as the initial £40,000 has
been found in-year from the Early Intervention and
Prevention services due to delays in implementing the
original proposal.
7.1.2 The transfer to charitable status would release a further
£11,600 potential saving.
7.1.8 Transfer of the Farm to YMCA would mean the Council
would no longer have financial responsibility for the farm.
7.2.
Legal
7.2.1. The Council owns the land on which Brooks Farm is
located and in disposing of it must comply with its
obligations under the Property Procedure Rules and in
particular s123 of the Local Government Act 1972 to
obtain best consideration, unless it disposes of the land
with the consent of the Secretary of State. However this
proposal will fall within the Local Government Act 1972:
General Disposal Consent (England)2003 as the
undervalue is less than £2 million and it is to secure the
improvement of the economic, social or environmental
wellbeing of the area. The Council must have regard to its
Community Strategy.
7.2.2 The Council has power of general competence under
Section 1 of the Localism Act 2011. The transfer of the
farm to Forest YMCA for the purposes set out in this
report for charitable purposes would fall within that power.
7.2.3 The transfer of the farm and its employees is a transfer of
an undertaking within the meaning of the Transfer of
Undertakings (Protection of Employment) Regulations
2006 (TUPE) and any staff would transfer with their
existing employment rights to Forest YMCA.
Staff
transferring must be properly consulted about any
transfer and under guidance issued by the Secretary of
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State Local Authorities must ensure that there are no
losses of pension rights, Failure to consult or any
dismissal by way of a TUPE transfer could result in an
award against the Council by the Employment Tribunal.
7.2.4 Legal Agreements will be in a form approved by Legal
Services.
7.3 Human Resources
7.3.1 The staffing structure at Brooks farm is: 1 – Farm Manager S01 on a temporary contract
1 – Farm Hand Sc5 on a temporary contract
1 – Farm Stockman Sc6 on a temporary contract
1- Apprentice, permanent – 30hrs per week- contract
ends 31st March 2014
2 - Casual Workers Sc5 temporary cover for annual
leave/sickness.
7.3.2 Staff at Brooks Farm are currently employed by the
Council and have rights under TUPE. Such staff would
transfer to the employment of YMCA on their existing
terms and conditions.
7.3.3 Discussions re TUPE between the Council and Forest
YMCA will be held to ensure that the transfer is compliant
with our obligations under the regulations
7.3.4 The Farm also has volunteers from the Youth Offending
Team and SCOPE who assist with general and garden
maintenance.
7.3.5 United Friends is a disabled Adults Group which
undertakes volunteering roles on the Farm. About 10
individuals from the local community also take part in a
variety of volunteering roles on the Farm.
7.3.6 Commencing 3rd February 2014 a new partnership with
the Probation Service will see young people on
community sentences undertaking a variety of activities
on the farm.
7.3.7 It is a critical requirement of the transfer that Forest
YMCA sustains the existing volunteering ethos and
continues to develop a programme that allows all
members of the community interested in volunteering on
the Farm to do so.
7.4 Health Impact Assessment
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7.4.1 Due to the decline in funding to the Farm over a number
of years the fabric of the Farm has become old and tired
and requires renewal to meet all the standards required
by the Health and Safety Executive. The proposals put
forward by YMCA to refurbish the physical facilities will
address these issues.
7.4.2 The increased visitor numbers and increased
opportunities for outdoor leisure activities will have a
positive impact on community health outcomes.
7.5
Equality Impact Assessment
7.5.1 The proposal will result in an increase in visitor numbers
across all backgrounds. There will be a special emphasis
on providing employment opportunities to groups that
face disadvantage in the employment market for example
people with mental health and alcohol problems, those
with physical and learning disabilities. An expansion in
volunteering will provide additional opportunities for these
groups as well older people to take part in community
activities while parents and their children will have access
to play
7.5.2 The refurbishment works will include better facilities for
wheelchair users and a more disabled-friendly farm with
flexible use of facilities and adjustments allow every child
or young person irrespective of ability of needs to access
to the full range of activities on offer.
7.5.3 The overall assessment is that this proposal will have a
net positive impact on equalities.
7.6 Climate Change Impact Assessment
7.6.1 The proposal includes: a) the expansion of the “nature
reserve” area, to encourage inserts, such as butterflies,
dragonflies and birds and to grow wild flowers, enabling
us to demonstrate the eco-system to visitors. B)
Introduction of bee keeping, dry walling and hurdle
fencing projects for volunteering, educational and
employment opportunities. C) The introduction of a range
of evening courses and workshops including growing
organic foods, running community allotments etc all of
which contribute towards the Council’s sustainability
agenda.
8
CONCLUSION
8.1
Forest YMCA’s proposal will not only transform the physical
fabric of the farm through an investment of £493,597, it will
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generate economic and social benefits for the local community.
The proposal includes a strong commitment to strengthen links
with schools, colleges, local clubs, offer more diverse
opportunities, improve visitor experience and enhance visitor
numbers and income. This is an excellent opportunity for the
Council to work in partnership with a local community
organisation to secure the future of a community resource, while
delivering savings for the council.
SIGNATURE OF AUTHORISING OFFICER ……………………………...……..
PRINT NAME: Linzi Roberts-Egan
DATE……………… DESIGNATION: Deputy Chief Executive (Families)
SIGNATURE OF AUTHORISING OFFICER ……………………………...……..
PRINT NAME: Paul Venn
DATE…………………… DESIGNATION: Head of Corporate Asset Management
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