Report to Manydown Executive Committee Subject: Manydown Project – update Status: Routine Matter for Discussion 03 June 2015 Report Ref: Ward(s): All Key Decision: Yes Key Decision Ref: N/A Report of: Richard Bayley - Strategic Project Manager - Manydown Contact: 01256 845675 – ext. 2675 Appendices: Appendix 1 – Indicative Phase 1 costs - Confidential Papers relied on to produce this report None SUMMARY 1 This Report 1.1 This report has been prepared for both the Manydown Overview Committee and the Manydown Executive Committee. It provides an update on progress with the Manydown project and is for noting. 1.2 The Manydown Overview Committee will meet on 26 May 2015 to consider and comment on the scope and content of this report. Its comments will be reported to the Manydown Executive Committee at its meeting on 03 June 2015. 2 Recommendation 2.1 It is recommended that the Manydown Executive Committee: i. notes the progress made with the Manydown project; ii. notes the proposal for introduction of all Member briefings to commence in Summer 2015, initially to explore options in relation to the council undertaking either direct development taking full development risk, traditional disposal by way of Development Agreement or a form of Joint Venture which shares development risks and returns with an experienced partner(s), whilst providing a greater degree of control for BDBC and HCC, as joint landowners, than would otherwise be the case with a traditional Development Agreement; iii. agrees the Manydown landowners position on the future potential for a cemetery as outlined in section 3.4 of the paper; iv. considers the comments of the Manydown Overview Committee in respect to the matters contained in this report. 1 of 8 PRIORITIES, IMPACTS AND RISKS Contribution to Council Priorities This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priority/priorities of planning policies that safeguard local distinctiveness to: “Promote the use of Manydown land to deliver much needed high quality homes and facilitate wider borough benefit, which protects local communities” GLOSSARY OF TERMS Term Definition BDBC Basingstoke and Deane Borough Council CIL Community Infrastructure Levy DevCo Development Company EM3 Enterprise M3 Local Enterprise Partnership EPH Economic Planning and Housing Committee EIP Examination in Public HCA Homes and Community Agency HCC Hampshire County Council JV Joint Venture LPA Local Planning Authority Manydown OSCOM (until March 2014) Manydown Overview and Scrutiny Committee MAP Members’ Advisory Panel MEC Manydown Executive Committee MOC (since April 2014) Manydown Overview Committee MUSCo Multi-Utility Service Company NPPG National Planning Policy Guidance NPPF National Planning Policy Framework OJEU Official Journal of the European Union PRS Private Rental Sector (housing tenures) SPV Special Purpose Vehicle 2 of 8 MAIN CONSIDERATIONS 3 The Proposal 3.1 Background 3.1.1 The council resolved at its meeting on 12 July 2012 “that Manydown or parts thereof should be actively promoted for development” in line with the powers that the 999 year lease was purchased under namely section 226 and 227 of the Town & County Planning Act to secure the proper planning of the area in which it is situated. This council resolution together with the inclusion of the Manydown project in the 2014/15 Council Plan constitutes the policy framework within which the Manydown Executive Committee has been acting to pursue the council landowner interests and which mean that the Manydown Overview Committee provides oversight of this work from a landowner perspective. 3.2 Update on Progress Local Plan – additional land 3.2.1 At the last meeting of the Manydown Overview Committee (MOC) on 09 February 2015 and the Manydown Executive Committee (MEC) on 13 February 2015, some options for additional housing numbers on Manydown were outlined so that the LPA could consider their inclusion in the next iteration of the Local Plan period to 2029. In the papers to the EPH Committee on 04 March 2015 and Cabinet on 17 March 2015, the LPA considered the proposal to increase the density of the District/Neighbourhood areas (around 150 homes) on land at Manydown that BDBC and HCC have an leasehold interest in, however the overall number of homes was retained at 3,400 in the Manydown allocated area of the emerging Local Plan. The LPA decided not to include the further development of plot 6a (additional 350 houses) as well as the addition of other parts of plot 6 (additional 250 houses) in those papers and consequently these additional 600 houses are unlikely to be included in the emerging Local Plan that will be submitted for EIP later in 2015. Detailed Masterplan and Planning Application 3.2.2 The process for procuring the consultants to prepare the Detailed Masterplan and Planning Application for phase 1 of Manydown has progressed and a consortium has been selected with the appointment to remain confidential during the ‘stand still’ period until the end of May 2015. These consultants will also be involved in the forthcoming public engagement programme (later in 2015) and formal consultation events (during 2016) for Manydown. An additional procurement process is currently being progressed to appoint a Planning Legal solicitor to provide advice on planning application matters in respect to the Manydown project. Delivery and Financial strategy 3.2.3 BDBC and HCC, as joint landowners, will have the following broad options for taking forward the delivery of Manydown: 3 of 8 Disposal by way of Development Agreement In this scenario the land is sold to a developer, typically on a subject to planning basis. Although arrangements can be included for delivery within a particular timescale, together with the sharing of profits above certain thresholds through “overage” provisions, the landowner has a relatively low level of control over the subsequent development, with matters of urban design and phasing reliant on the powers of the LPA. Direct Development This option allows the landowner total control over urban design, phasing and development management. However it also carries full development risk especially in relation to homes designed that are not fit for purpose and cost overruns through inexperienced or poor project management. Joint Venture with experienced Private Sector Partner(s) With this option the objectives of the Joint Venture are typically set out in a Business Plan between the parties, which is then enshrined in the formal documentation. The JV then takes forward the development with risks and returns shared between the JV partners ensuring an alignment of interests. 3.2.4 The above options involve some complexity and therefore it is proposed to set up All Member briefings in Summer 2015 to begin to explore the issues in broad terms, prior to any decisions being made. 3.2.5 The process for procuring the consultants to undertake the next phase of the Delivery and Financial strategy, including the appraisal of different options together with the detailed business case for the selected means of delivery, has now completed with GVA Grimley selected. Additional procurement processes are currently being progressed to appoint Property Legal and Corporate Tax consultants to work alongside GVA Grimley to help develop the options appraisal and subsequent delivery arrangements and thereafter to provide ongoing advice to the project. 3.2.6 In advance of the next phase of work, some indicative development costs for Phase 1 of Manydown (i.e. the land allocated in the emerging Local Plan) have been provided on a confidential basis in Appendix 1. The indicative development costs represent a very initial estimate of the likely order of costs for Phase 1 of Manydown pending further work to be undertaken in the coming months on the next phase of the Delivery and Financial strategy which will be linked with the Detailed Masterplan work and the Planning application work. This next phase of work on the Delivery and Financial strategy will provide some more certainty about the quantum and the phasing of the costs for Phase 1 of the Manydown project. However a more precise forecast of the financial viability of the scheme and level of returns will not be derived until discussions about the planning application, including the significant package of community benefits, have been concluded with the LPA. Member engagement 3.2.7 The council’s Chief Executive has advised that Member engagement should be as broad as possible, and should include the opportunity for all Member 4 of 8 briefings, where appropriate, given the scale and importance of the Manydown project. Over the next two years of the Manydown project, it is the intention to engage all members, where appropriate, in the development of the key elements of the project including: the Delivery and Financial strategy for the project including initial options appraisal for delivery considerations; the Detailed Masterplan together with the Planning Application for phase 1. The Member engagement plan will be discussed with Group Leaders. The plan would comprise all Member briefings (starting this summer) and specific informal site visits available for all Members in addition to the MOC/MEC governance meetings. 3.3 CLG scoping and feasibility studies 3.3.1 The MEC received updates at the 02 December 2014 and 13 February 2015 about ongoing discussions with government officials at CLG. On 17 March 2015, the Treasury announced in the Budget statement that CLG will provide £850,000 worth of funding to progress scoping and feasibility studies for infrastructure to support Manydown and other developments on the western side of Basingstoke in line with the existing BDBC Economic Masterplan. 3.3.2 A copy of the detailed business case that was submitted to CLG was made available to all Members through the weekly bulletin on 24 April 2015. The funding for these CLG studies is for the financial year 2015/16 and includes £230k Local Capacity funding (to fund interim positions) and £620k for Feasibility studies including Housing and Financing, Transport and Education. 3.3.3 This funding will enable BDBC, working with its partners HCC and EM3 LEP, to properly scope and plan the provision of future infrastructure over two local plan periods, including energy, schools and transport in order that it can effectively support the future provision of affordable homes, new transport improvements, good schools, jobs and community amenities on the western side of Basingstoke. Work is now underway to develop the detailed work programmes that support these feasibility studies and Members will be briefed further in due course. 3.4 Cemetery 3.4.1 BDBC needs to plan for a new cemetery in the future. The preferred site is at North Waltham where an option for some land has been secured and an outline planning application has been submitted to support the development and operation of a cemetery by 2018/19. Members wish to explore other options in case there are problems with getting approval and/or constructing a new cemetery on the proposed site at North Waltham, or if there are preferable sites available. In that context, BDBC officers have been asked to formally explore several other potential sites including Manydown. 3.4.2 The Manydown land is subject to the provisions of the legal agreement governing the 999 year lease jointly purchased by BDBC and HCC in February 1996 which stipulate that BDBC and HCC can only purchase the freehold of the land once planning permission for the future development of the site has been secured. There is no provision for a potential cemetery in the lease agreement and the Manydown Company Ltd could insist that the valuation of the land for a potential cemetery be consistent with values for residential development that it would replace on that specific plot of land. 5 of 8 3.4.3 In relation to the potential location of a cemetery on land within the Manydown allocation contained in the emerging Local Plan, all parties (BDBC/HCC and the Manydown Company Ltd) are agreed that there is no prospect of accommodating a cemetery as it would prejudice the viability and the ability to deliver the number of homes that have been allocated for Manydown in the emerging Local Plan to 2029. 3.4.4 In relation to the remaining land at Manydown, BDBC has a lease agreement on which is land located to the south (and west) of the initial allocation for Manydown in the emerging Local Plan to 2029. This land has been identified in the emerging Local Plan for the wider masterplanning of Manydown in the longer term beyond the timescales of the Local Plan period to 2029. All parties (BDBC/HCC and the Manydown Company Ltd) would consider the potential for a cemetery at the point when land comes forward for consideration, as long as it can be located in an area that is commensurate with the overall development proposals for that land. However, the potential for a cemetery can only be considered as part of the longer term masterplanning of Manydown which is unlikely to begin until 2018 at the earliest. 4 Corporate Implications 4.1 Financial Implications 4.1.1 The cost of the activities outlined in this report will initially be jointly funded by this council and HCC and may be eligible for recovery from any enhancement in the value of the land in accordance with the Manydown lease. The annual budget for 2015/16, approved by full council in February 2015, includes revenue expenditure of £572,500 on Manydown (N.B. an identical amount is also funded by HCC). A summary breakdown of proposed revenue expenditure in 2015/16 is below. 4.1.2 Manydown Project 2015/16 budgeted project spend Amount (£) Delivery and Financial Strategy Masterplan Strategy Other costs Total forecast spend 50% BDBC 160,000 710,000 275,000 1,145,000 572,500 The proposed revenue expenditure in 2015/16 as set out in the previous paragraph is consistent with and part of the BDBC £1.6m budget to obtain planning permission over a four year period beginning 2014/15 that was approved as part of the Medium Term Financial Strategy in February 2014. Over and above that, there is currently no budget or reserves set aside for Manydown capital works in the Medium Term Financial Strategy (e.g. infrastructure) should the council decide as part of its Delivery and Financial strategy to invest in developing out Manydown once planning permission has been obtained. Appendix 1 provides indicative costs for the development of the land which have been calculated by the council’s consultants and the extent to which these are incurred by the council will depend on the agreed delivery structure. As the report highlights in the Delivery and Financial 6 of 8 strategy section above, reports will be required in the future to present the outcome of the detailed options analysis and subsequently will then need to include a full business case covering financial implications, governance, risk and the benefits of the recommended approach. 4.1.3 The final recommended financial delivery option for Manydown will have revenue, capital programme and treasury management financial implications for the council as well as risk management and governance considerations that will need to be included in the future reports to be considered by Members. 4.1.4 In relation to the £850,000 funding for CLG studies, awarded by the government, to progress scoping and feasibility studies for infrastructure, the council received an initial payment of this grant of £200,000 in March 2015, with the balance being due in July 2015. The allocation of these funds will be determined during the planning phase and may involve some of this grant being allocated to our partners HCC or EM3 dependant on who is best placed to conduct those studies. Members will be advised of this allocation once determined and will then be requested to approve release of grant monies into the current year’s budget for those studies to be performed by BDBC. 4.2 Risk Issues 4.2.1 The principal risks identified in and addressed by this report would arise from: the Local Plan not proceeding according to its current timetable; BDBC as landowners not continuing to “actively promote” Manydown by progressing work to secure a planning application; and by not considering the most appropriate delivery and financial mechanism in order to protect the value of the investment made by BDBC when it purchased the 999 year lease in 1996. 4.3 HR Issues 4.3.1 In relation to the activities outlined in this project update, the following recruitment activity will be undertaken: Manydown (BDBC): a Programme Officer is being recruited with a focus initially on internal candidates and a Project Accountant has recently been recruited to partly work on the Manydown project; CLG studies: an experienced Programme Manager is being recruited on an interim basis to set-up an overall programme office framework and some Development/Masterplan experts will be contracted to help establish physical, social and economic benefits as part of a long term community strategy for the western side of Basingstoke. 4.4 Equalities 4.4.1 There are no equalities implications arising from the report 4.5 Legal Implications 4.5.1 The Detailed Masterplan and Planning Application together with the Delivery and Financial Strategy are both designed to protect the landowners position and reduce the risk of potential legal implications arising from BDBC not being able to actively promote Manydown in a deliverable and viable manner. 7 of 8 4.6 Any Other Implications 4.6.1 There are no other specific implications arising from the report 5 Communication and consultation 5.1 The consultants for the Detailed Masterplan and Planning Application and the Delivery and Financial Strategy as set out above were jointly commissioned with HCC and the contents of those briefs have been jointly agreed with HCC in its capacity as joint landowner of Manydown. 5.2 The contractors and consultants required to undertake the CLG studies are being commissioned by the partners who submitted the bid, namely BDBC, HCC and EM3. 5.3 As set out in paragraph 3.2.5, there will be opportunities for all Councillors to participate in workshops and receive update briefings together with site visits during the course of 2015 and 2016. A public engagement programme for the first phase of Manydown will be undertaken later in 2015 involving residents, community groups and representatives from the parishes and wards surrounding Manydown. 6 Conclusion and next steps 6.1 The detailed work to progress the first phase of the Manydown project has begun with the Detailed Masterplan and Planning Application and the Delivery and Financial Strategy commissioned and underway. In addition, detailed work programmes that support the CLG studies are currently being developed. Members will therefore be formally briefed on the progress of these workstreams at the next meeting in October 2015. 8 of 8