Agenda item

The Committee considered a report outlining proposed changes to the Cambourne Section 106 Legal Agreement that would prescribe a different sports centre than that originally envisaged.

Subsequent to the report being written, and the agenda published, the intended developer of the sports centre, Xpect Leisure, had issued a press release stating that it was withdrawing from the project.  This would have meant that the Cambourne Consortium would  once again assume responsibility for providing a sports centre, as had been envisaged in the original Section 106 Agreement. 

However, a meeting between Xpect Leisure, South Cambridgeshire District Council officers, Cambourne Parish Council representatives and the Cambourne Consortium, had been held on Tuesday 1 August 2006 in order to resolve outstanding differences to the satisfaction of all concerned.   As a result, Xpect Leisure had accepted, in principle, most of the requirements contained in the proposed Section 106 Agreement.  However, some terms that had given particular cause for concern were discussed, and it was agreed by all those present on 1 August that the recommendation on 2 August to the Development and Conservation Control Committee should be amended accordingly from that which appeared in the agenda.  The originally proposed Agreement would not be varied but, instead, an alternative Agreement would be prepared.  As Xpect Leisure had not committed to returning to the project yet, it would be necessary for the original Section 106 Agreement to remain in place should no such commitment be forthcoming.

Xpect Leisure would no longer be required to provide nets for hall division and the cricket bays, although these would be costed so that fundraising could take place to pay for them within the build programme. In addition, a semi-sprung floor would be required  (due to a drafting error, this had been stated to be fully-sprung).  There would now be no requirement for air conditioning, sockets for gymnastics equipment, a spectator gallery (although viewing windows would be installed if the layout allowed.  Council control over the relationship with outdoor facilities, user groups and sports development activities would be encouraged but would not now form part of the legal agreement.  The requirement to agree the pricing with South Cambridgeshire District Council would be removed, as the Council would continue to have monitoring and enforcement powers.  Xpect Leisure would facilitate the provision of public art by seeking funding from elsewhere.  It was made clear that the crèche would be available to all users of the sports centre, not just members.  The requirement for a disabled toilet at first floor level was omitted as this matter was covered by Building Regulations.  Control of charging for parking would be the same as for the town centre car park adjacent to Morrisons, although Xpect Leisure did not intend introducing charges during the early years of the centre being open.

In terms of timing, officers would endeavour to negotiate an Agreement by the end of August 2006, at which time Xpect Leisure would release its business plan for confidential checking by the Council’s consultant.  Once the consultant had confirmed that the business case was sound, the Agreement would be completed and Xpect Leisure would start work on its planning application, which would be presented to the Planning Committee for decision in due course.

Councillor Mrs DSK Spink congratulated officers on their efforts in securing the future of this project, and the possible continued involvement of Xpect Leisure in it.  The Vice-Chairman commended good business practice that, in due course, would deliver a solution which, though different from that originally planned, would become available in line with the established timetable.

The Committee RESOLVED

To authorise an alternative to the Cambourne Section 106 Legal Agreement, in accordance with the amended recommendation, namely that the new Agreement would now require:

1.         that a sports hall be provided to Sport England standards, with a semi-sprung floor, and markings for four badminton courts, one basketball court, one netball court, one volleyball court, one five-a-side court and one hockey court; basketball goals and nets; floor sockets for volleyball; lighting to Sport England standards, Equipment store amounting to 60 square metres,  Fire-proof mat store of15 square metres. four changing rooms in line with Sport England guidelines (including benches, pegs, showers, toilets, and lockers).  Changing facilities for officials, and  a Café / bar;

2.        that “Pay and Play” be applied, with a pricing structure comparable with that at similar local facilities; 

3.         that there be appropriate access to changing facilities for users of the Multi-Use Games Area (“MUGA”), pitches and bowls green;

4.         that opening hours for the sports hall and changing rooms be the same as for the rest of the centre;

5.         that the Crèche be available to all users of the Sports Centre;

6.         that a Cleaners’ store and first aid room be provided;

7.         that the proposed disabled persons’ toilet on the first floor be deleted from the plan, with disabled facilities being dealt with under the usual building regulations;

8.         that the following facilities be provided without a pay and play requirement:  swimming pool, spa/steam/sauna, gym, studio, members’ changing facilities; and

9.         that details of car parking be consistent with those contained in the Section 106 Agreement entered into by, and in relation to the car park at, Morrisons supermarket, namely that “the use of the car park… by the public shall not preclude the right of the Owner, subject to the prior consent of the Council to levy a charge for use by members of the public of the car park…”. Thus requiring the operator to get the District Council’s permission to charge for parking.