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Agenda Item No. 7

                    BRISTOL CITY COUNCIL
        OVERVIEW AND SCRUTINY MANAGEMENT COMMITTEE
                        15 JULY 2010




Summary

The attached draft report is due to be taken to Cabinet on 22nd July 2010 and
is presented to the Overview and Scrutiny Management Committee in draft
for consideration today.
APPENDIX A

                                                                                                         DRAFT
                                                                                                AGENDA ITEM NO

                                                         BRISTOL CITY COUNCIL
                                                               CABINET

                                                                        22 July 2010

Report of:                    Strategic Director - City Development

Title:                        Disposal of Land and Property Interests to Bristol City
                              Football Club

Ward:                         All Wards

Officer Presenting Report:                                             Alun Owen - Service Director, Major Projects
                                                                       City Development

Contact Telephone Number: (0117) 9037481


RECOMMENDATION
That Cabinet approve the disposal of property interests, the restructuring of
the lease to the Social Club and the granting of a licence over the retained
area of Alderman Moores to enable an adoptable road/pedestrian access to
be constructed as set out in this report in return for long term community
benefits.

Summary
Disposing of the land and property interests identified in the report would
enable significant community benefits to be achieved for the long term as a
result of the construction of a new football stadium.

The significant issues in the report are:

- The identification of the property interests being considered for disposal.

- The schedule of community benefits.

- The fact that Secretary of State approval will be obtained before any of the
proposals in the report can be finalised.



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          Policy

1.        Relevant policies in the Council's Core Strategy include:
          BCS1 - South Bristol, which identifies South Bristol as a priority focus for
          development and regeneration.

          Consultation

                    Internal
                      Land & Property
                      Legal
                      Finance
                      Sport
                      Strategic & City Wide Planning
                      Ward Councillors
                      OSM

2.                  External
                   Secretary of State in respect of a disposal for community benefits in
                   lieu of a capital receipt under Sections 123 and 127 of the Local
                   Government Act 1972 (consultation is on-going).

          Context

3.        Bristol City Football Club (BCFC) have recently obtained planning
          permission, as set out in the Planning Committee reports dated 4
          November 2009 and 10 February 2010, to build a new stadium on land
          at Ashton Vale (See Appendix A).
          The construction of a new stadium is the key component in Bristol City
          Council's bid to become a host city for the 2018 World Cup. The detail
          of the bid was set out in the Cabinet Report dated 24 November 2009.
          Whilst this report deals mainly with the significant community benefits
          that can be achieved by using some of the council's property interests,
          there are also huge economic benefits to be achieved by ensuring this
          stadium is constructed. The council has a unique opportunity to
          influence the way this new stadium can impact on the whole of Bristol for
          the long term.
          In addition to the economic benefits accruing from the World Cup, there
          is a value generated for the city economy from the building of the football
          stadium, its expansion to meet the World Cup specification, the provision
          of conference and convention facilities, the prospect of an adjacent

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          arena development and the associated enabling development. PWC
          were jointly commissioned by Bristol City Football Club and Bristol City
          Council to assess the likely impact to the city. PWC estimate that the
          construction of the 30,000 seat stadium alone will generate £223m
          (GVA) to the city economy over a 20 year period plus approximately 207
          jobs with estimated earnings of £5.8 million per annum.
          When the stadium is considered, together with the accompanying
          developments, the GVA contribution rises to approximately £247 million
          over the 20 year period, with approximately 359 jobs created generating
          approximately £10 million in earnings annually. The addition of an Arena
          would further enhance these figures.
          The inclusion of a major conference and convention facility capable of
          accommodating 1000 delegates with adjacent hotel accommodation
          would greatly improve the city's offer in this important market. Bristol
          has suffered from an absence of a large conference venue with
          associated 'break out' space for smaller meetings and discussion
          groups. The new stadium design, which includes a tier of VIP hospitality
          boxes as well as the main conference and banqueting facilities, would
          greatly enhance Bristol's offer and allow it to compete in the national and
          international conference/convention market. This would further generate
          earnings over the long term for the city economy. Destination Bristol
          estimate that the city is currently losing between £5-8 million per annum
          of conference business as a consequence of not having appropriate
          large scale conference facilities.
          The proposed new football stadium will also contribute to the council's
          aims to make Bristol an ambitious international city and regional capital.
          It sits in the same context as the renewal of the Colston Hall and the
          new Museum of Bristol in terms of facilities. In addition, it has the real
          potential to provide a new sporting focus to Bristol.
          The Council is proposing using its land interests around the existing and
          proposed stadium to secure long term community benefits and facilitate
          the construction of the new stadium. These benefits and initiatives
          include; sports events, coaching, training, health and wellbeing and
          extended educational programmes.
          Proposal

4.        The City Council is proposing to dispose of the following property
          interests:
                   ●     The freehold of the car park adjacent to the existing stadium.
                         This is already held by BCFC on a 125 year lease, which

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                         commenced in 1987. See Appendix B.
                   ●     Part of the site known as Alderman Moores allotments (See
                         Appendix C). Access to this site off Silbury Road are part of on-
                         going discussions and may be the subject of a further report at a
                         later date.

             In addition,
                   ●     To restructure the lease associated with the Social Club both to
                         facilitate the construction of the new football stadium and the
                         construction of the Bristol Rapid Transport Ashton Vale to Temple
                         Meads route. See Appendix D.
                   ●     To grant a licence to enter onto that part of Alderman Moores that
                         is being retained to enable an adoptable road/pedestrian access
                         to be created.
            The value of these property interests is £4.6m.
            Under the powers of Wellbeing and in Section 2 of the Local
            Government Act 2000 the City Council can dispose of land in return for
            long term community benefits (see Legal comments).
            The package of proposed community benefits are shown at Appendix
            E. These are annual values, inflation linked, and BCFC is contractually
            required to provide these, or similar appropriate community benefits,
            for a period of 30 years. After this period BCFC is contractually required
            to use its best endeavours to provide similar benefits for the life of the
            stadium. This recognises that the benefits will require review over such
            a long period of time. A copy of the draft Heads of Terms is shown as
            Appendix F.
            These benefits are in addition to what is currently provided for the
            existing stadium or as a result of any other long term commitments.
            The principles of valuing community benefits have been adhered to in
            producing the list of community benefits, ie;
                   ●     The community benefits defined and measured should be
                         additional (ie they would not be expected to accrue without the
                         development): the current Ashton Gate stadium already
                         generates some community benefits and the focus therefore must
                         be on the incremental activities and outputs arising from the
                         Ashton Vale stadium;
                   ●     The unit value of the community benefits should ideally be
                         measured based on 'market rates' in terms of foregone revenue
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                         (ie reflecting what beneficiaries might have been expected to
                         pay);
                   ●     In the absence of appropriate 'market rates', analogues should be
                         used to estimate the unit value of the community benefit; and
                   ●     In the absence of 'market rates' and analogues, the community
                         benefits should be estimated using the cost of providing the
                         community benefit.
            These community benefits have also been assessed by officers as
            representing a good annual level of return against the capital value.
            They also demonstrate the step change that BCFC will make in the way
            it works with the council and others to maximise its impact in the wider
            community.
            Annual progress in developing these benefits will be the subject of an
            annual report to Cabinet which BCFC will be required to attend.
            Within the legal agreement there is also a commitment to work with the
            city council to build an Arena adjacent to the stadium. This further
            demonstrates the importance both parties place on achieving an Arena
            for Bristol.
            A further assessment will be undertaken by the Secretary of State
            who will need to approve the disposal of these land interests for
            community benefits on the basis that they comply with the requirements
            of Sections 123 and 127 of the Local Government Act 1972.


          Other Options Considered
            No disposal of property interests - The property interests are an
            important component in enabling the new stadium to be constructed.
            Without these interests it is difficult to see how the stadium could be
            financed and subsequently constructed and as a result all of the
            economic and community benefits would be lost.

             Disposal of property interests in return for capital receipt - The
             value of community benefits is inflation linked and in the medium term
             will generate a higher return than from the capital receipt. It also
             presents the council with an opportunity to significantly influence the
             way the new stadium works with the community to achieve some of its
             key aims and objectives in relation to its community strategy.



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          Risk Assessment

5.        The main risks of not agreeing to the course of action as set out in the
          report are as follows:
      ●      BCFC are not able to construct their new proposed stadium and the
             wider economic and community benefits are lost. This risk is mitigated
             by the proposals contained in this report;

      ●      If the football stadium is not constructed the city's bid to host the World
             Cup in 2018 will fail and the benefits as set out in the report to Cabinet
             will not be achieved. This risk is mitigated by the proposals contained
             in this report;

      ●      If the stadium is not constructed there will be no possibility of a new
             Arena being built. This risk is mitigated by the proposals contained in
             this report;

      ●      In addition there are a separate number of risks associated with
             disposal of property interests in return for community benefits. These
             include:-

                   ●     Non Performance. Any failure by the Football Club to provide the
                         community benefits would give rise to a breach of contract claim.
                         This risk is also mitigated by requiring an annual report to Cabinet
                         to demonstrate that the community benefits are being received.

                   ●     Inflation reducing the value of the benefits. The community
                         benefits will be index linked.

                   ●     Stadium not built. The risk is mitigated by ensuring that the
                         transfer of land to BCFC is conditional upon the completion of the
                         stadium. If the stadium is not completed, the land would not
                         transfer.


                   ●     Disposal of stadium site by BCFC. The risk is mitigated by;-

                                      - A restriction on freehold title of the stadium to secure
                                        ongoing provision of the community benefits,
                                      - A council right to veto disposal unless transferee agrees to
                                        fulfil outstanding community benefit obligations, and
                                      - A legal charge against value of unperformed community
                                         benefits.
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                   ●     BCFC become insolvent. This risk is mitigated by a legal charge
                         against the value of unperformed community benefits. NB – this
                         charge will not be highest ranked in priority so its value may be
                         limited in the event of an insolvency, although it would place the
                         council ahead of unsecured lenders.

          Equalities Impact Assessment

6.        One of the outcomes of the proposals will be a wide range of community
          and economic benefits which will help contribute towards regeneration
          and the creation of new job opportunities.
          It will be important to monitor that these community benefits are having a
          positive impact on as many groups of people as possible.

          The EqIA Screening Assessment is shown at Appendix G.

 7.       Environment Impact Checklist
          The Environment Impact Checklist is included as Appendix H. The
          detailed Environmental Impact Assessment relating to the stadium were
          dealt with in the Planning report dated 4 November 2009. The
          proposals in this report follow on from that earlier planning decision and
          therefore the direct environmental impact of this report will be assessed
          as nil in that the detail was dealt with in the substantial EIA within the
          planning report.
          As is often the case with major developments there is often a fine
          balance between economic benefits and the environmental impact.

8.          Legal and Resource Implications

            Legal

           The Council could rely on the “well-being” power under section 2 of the
           Local Government Act 2000 – the power to do anything that is likely to
           achieve the promotion or improvement of the economic, social or
           environmental well-being of the area for residents etc.

            When exercising the well-being power under section 2 of the Local
            Government Act 2000, a local authority must have regard to its
            Community Strategy. The proposals in this report for example impact
            on stronger and safer communities, children and young people and
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            family aspirations and reducing health and wealth inequality.

             State Aid
            The Council are satisfied that the value of the community benefits being
            provided by BCFC would be, as a bare minimum, equal to the value of
            the land being transferred to BCFC.
            The valuation of the community benefits has been assessed by officers
            as representing a good annual return against the capital value. This
            will be further reviewed by the Secretary of State as part of the
            application for disposal consent (see below).

            The valuation of the community benefits also excludes those benefits
            that BCFC was already providing or those that it is otherwise legally
            obligated to provide.

            The valuation of the property interests being transferred is dealt with in
            section 8. The revenue implications of the disposal for community
            benefits are dealt with in the financial section of the report.

            Therefore, the disposal is compliant with state aid legal requirements.

            Secretary of State Consent

            Specific consent must be obtained from the Secretary of State for
            disposals of land where the difference between the value of the land
            and the payment received is greater than £2,000,000 (two million
            pounds).
            The financial value of the community benefits being provided mean that
            this is not the sort of arrangement that must be referred to the
            Secretary of State. Nonetheless, as a matter of good practice and in
            order to provide further assurance of the lawfulness of the
            arrangements, an application will be made to obtain Secretary of State
            consent.


            Lawfulness of Recommendation

            As a matter of law, in order to act within its powers, the Cabinet must
            take account of all relevant considerations, disregard irrelevant
            considerations, observe all procedural requirements, not act in bad faith
            and not take decisions that no reasonable authority could take. This
            report sets out the benefits, the risks, the financial details, and

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            addresses the relevant legal issues. Therefore the recommendation is
            lawful and well-founded.

            Legal advice given by: Phil Roberts, Contracts Solicitor


            Financial

                        Capital                    The value of the land to be disposed of is £4.6m. If
                                                   the land was sold rather than exchanged for
                                                   community benefits the council could re-invest the
                                                   value of the sale in capital schemes avoiding
                                                   prudential borrowing.
                         Revenue The use of assets to finance community benefits is
                                 recognised, subject to working within agreed
                                 parameters, as a legitimate way to finance council
                                 activities. In making the decision it must be
                                 recognised that as an alternative the sale proceeds of
                                 the capital receipt could be used to reduce the
                                 council's prudential borrowing costs by £303k per
                                 annum and invested in another area or used towards
                                 savings. The annual repayment includes interest
                                 that will reduce through the period as debt is repaid,
                                 on average this will be £123k pa. The average cost of
                                 repaying the principal over 25 years is on average
                                 £180k pa. The community benefits of £370k pa far
                                 exceed the interest payment and will continue beyond
                                 the period the loan is repaid while the stadium is in
                                 place.
                         Financial advice given by: Peter Robinson, Service Director
                                                    (Finance)

                          Land                     The land interests to be disposed of are set out in
                                                   Section 4 of this report. A valuation dated June 2010
                                                   estimates the value of these land interests as being
                                                   £4.6m In the case of the car park adjacent to the
                                                   existing stadium, the valuation is based on a
                                                   supermarket being built on the site. In the case of
                                                   Alderman Moores the valuation assumption is for
                                                   housing.



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                                                   Valuation of freehold of existing car park   £1,150,000
                                                   Disposal of Alderman Moores                  £3,340,000
                                                   Restructure of Social Club lease             £   75,000
                                                                                                £4,565,000

                    Personnel

               Appendices:                         Appendix A - Plan of New Stadium
                                                   Appendix B - Plan of Car Park
                                                   Appendix C - Plan of Alderman Moores
                                                   Appendix D - Plan of Social Club
                                                   Appendix E - Schedule of Community Benefits
                                                   Appendix F - Heads of Terms
                                                   Appendix G - EqIA Screening Assessment
                                                   Appendix H - Environmental Impact Assessment




ACCESS TO INFORMATION
Background Papers:
Report to Cabinet - World Cup Bid dated 24 November 2009

Stadium Planning Reports dated 4 November 2009 and 10 February 2010




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APPENDIX A
APPENDIX E

                          A NEW REGIONAL STADIUM for BRISTOL

Estimated value of community benefit in consideration of disposal by BCC of land and property interests to
enable the construction of a new regional stadium for Bristol.




A new regional stadium for Bristol at Ashton Vale will generate and provide significant additional value and enhanced benefits for Bristolʼs
many communities, particularly those in the immediate vicinity of the stadium, as well as those that are further afield across the city.

Like Ashton Gate before it, the new stadium will have a productive life of 100 years and more, and, as such, will generate an impressive
array of legacy benefits for the city. As part of its stadium development plans, the football club is intent upon strengthening its reputation
as a good neighbour and active member of its local communities, as well as working with and supporting Bristol City Councilʼs sport and
health promotion initiatives. A Communities and Residentsʼ Liaison Group will be established to monitor the ways in which these benefits
and legacies are delivered, as well as with a view to identifying more ways in which the club can offer support to its neighbours.

This report estimates the value of community benefit that will be generated in return for the land and property interest disposal. The
actual delivery of these benefits will be linked to a comprehensive legal agreement.

Whilst BCFC is clearly operating in the south of the city it is intended that the benefits will be available as far as possible for the whole of
the city.




June 2009"                                                                page                                                 1 of 7
COMMUNITY BENEFIT                                                    VALUE                      comments
 1.   Rooms &                Great Hallʼ                                                               The stadium will be an accessible and
                                                                                                       inclusive venue. Community uses are likely
                             • 3 days free per annum @ £4k per day
      other space                                                                                      to include:
      (non-match-day hire)                                                            £12k             •   presentation evenings for local football
                             Multi-purpose space (level 5, west stand)                                     clubs, sports organisations,
                                                                                                           representative level sports awards and
                             • 2 days free per month @ £750 per day                                        school competitions;
                                                                                                       •   access to multi-purpose rooms for
                                                                                      £18k
                                                                                                           exercise referral group exercise classes
                             Training and community education meeting rooms                                – eg. Cardiac Rehab, COPD, MEND
                             • 1 room 2 days free per week @ £400 per room per                             programme;
                                day
                                                                                      £41.6k           •   community consultation meetings;

                             Stadium concourse                                                         •   community jobs fayres;
                             • occasional use of stadium concourse                                     •   community dance events;
                                                                                      £2k              •   community sports leaders award courses
                                                    sub-total rooms and other space                        and NGB award courses; and
                                                                                                       •   lunches and Christmas parties for local
                                                                                                           pensioners and residents of nearby care
                                                                                                           homes.

                                                                                                      The availability of rooms for community at
                                                                                                      the new stadium is an additional benefit, as
                                                                                                      rooms have not traditionally been made
                                                                                               £73.6k available for community use at Ashton Gate.




June 2009"                                                                                                                    page 2 of 7
COMMUNITY BENEFIT           VALUE                comments
 2.Pitch and    • 1 day free per annum            The pitch and stadium will be set aside for
                                                  use by schools, clubs, social enterprises or
   stadium                                        charities in Bristol.

   facilities                                     Community uses are likely to include:
                                                  •   curtain-raisers and demonstration events
                                                      – ability sport, girls and womenʼs
                                                      matches, youth and junior matches
                                                  •   representative matches
                                                  •   community cup finals
                                                  •   schools festivals

                                                  Community use will be available within the
                                                  close season, and will be prioritised in line
                                                  with other revenue-generating events and
                                                  activities. The availability of the pitch and
                                                  associated stadium facilities is an additional
                                           £12k   benefit.




June 2009"                                                                page 3 of 7
COMMUNITY BENEFIT                                             VALUE                   comments
 3.Community    Subsidised community gym - assumptions:                                The community gym will aim to generate
                                                                                       new gym users rather than attract users from
                • market rate £60-70 per month for standard gym
   gym            membership                                                           other commercial and subsidised community
                                                                                       gyms, thereby increasing physical activity
                • market rate 12 individual uses per month @ £5 per
                                                                                       within existing communities.
                  usage
                • benchmark community gym at £4.30 per individual                      Subsidised use of the community gym will
                  usage                                                                support, for example:
                • 125 uses per day                                                     •   GP Referral programmes;
                • offering subsidised use at £1.00 per use, ie £3.30 per               •   Fit for the Future (16-22 year olds);
                  use subsidised rate below market rate
                                                                                       •   smoking cessation;
                • 125 uses per day x £3.30 subsidised rate x 350 days
                  = £144,375 value of subsidised community use                         •   back care;
                • 3 FTE employees at £14,200 per FTE plus 15% on                       •   falls prevention;
                  costs = £48,990
                                                                                       •   young people and children in care; and
                                                                                       •   support for sports apprenticeships eg
                                                                                           gym instructors.

                                                                                       The community gym will be at the heart of
                                                                                       the concept of providing a ʻhealthy stadiumʼ
                                                                                       for the wider community. By reaching out into
                                                                                       the wider community, by making the stadium
                                                                                       accessible and inclusive, and by working
                                                                                       with health practices, providers and strategic
                                                                                       bodies, the stadium - with the community
                                                                                       gym at its heart - will aim to promote healthy
                                                                                       lifestyles and choices.

                                                                                      The gym will be fully accessible, including IFI
                                                                            £193.365k fitness equipment.


June 2009"                                                                                                     page 4 of 7
COMMUNITY BENEFIT                                               VALUE                 comments
 4.Football in    114% increase in floor space allocated to Football in the
                  Community - BCFC currently supports Football in the
                                                                                       The value attached to these existing BCFC-
                                                                                       led community initiatives is based on the
   the            Community to value of £10k per annum - increase from                 increase in floor space available to each in
                  35m2 to 75m2 equivalent to £21.4k per annum                          the new stadium.
   Community                                                                  £11.4k
                                                                                       However, the strengths of these initiatives lie
 5.PfS BCFC       20% increase in floor space allocated to PfS BCFC
                  Study - BCFC currently supports PfS Study Centre to
                                                                                       in their social inclusion delivery, with the
                                                                                       power of football being used to engage
   Study Centre   value of £50k per annum - increase from 84m2 to 101m2                disaffected young people and to instil values
                  equivalent to £10,000 per annum                                      of team work, discipline, leadership, self-
                                                                                       esteem and confidence.

                                                                                       The stadium will offer opportunities to
                                                                                       dramatically extend the reach and impact of
                                                                                       these programmes.

                                                                                       The Club has always been and continues to
                                                                                       be a generous supporter of all schools. For
                                                                                       example, it has recently joined the newly-
                                                                                       formed flexible learning trust that comprises
                                                                                       Ashton Park School and other local primary
                                                                                       schools. Strengthening the wider education
                                                                                       legacy is an important consideration for the
                                                                               £10k    football club.




June 2009"                                                                                                     page 5 of 7
COMMUNITY BENEFIT                                                  VALUE                comments
 6.Community    Community naming rights assigned to a small number of
                rooms and spaces in the stadium. This will take the form
                                                                                         Funds raised by the commercial sponsorship
                                                                                         of one or two rooms or spaces in the new
   naming       of commercial naming rights as sponsorship for local                     stadium will be made available as a direct
                community activity and initiatives.                                      cash benefit to city-wide community groups
   rights                                                                                and initiatives.

                                                                                         For example, a local or regional business
                                                                                         may wish to sponsor a room or a space in
                                                                                         the new stadium, perhaps as part of their
                                                                                         own Corporate Social Responsibility (CSR)
                                                                                         programme, with the value of their
                                                                                         sponsorship being passed directly to the
                                                                                  £20k   wider community.

 7.BCFC         BCFC is working to establish a Community Trust to
                extend and strengthen the connections with its new
                                                                                         The establishment of a Community Trust and
                                                                                         the appointment of a CEO will, in effect,
   Community    neighbours and existing community. This is being                         create a de facto BCFC community director
                considered as a specific initiative linked to the move to                 post within the club, ensuring that the
   Trust        the new stadium, so that the community is encouraged                     stadium and the club itself deliver significant
                to take pride in the stadium, and to take real ownership                 value to the community.
                of the facilities and benefits that it will offer.
                                                                                         Putting community activity firmly at the heart
                If the club decides to do this, it will secure the Trustʼs               of the football club will be a key objective of
                start-up through an initial endowment. Assuming that                     this initiative, as will formalising the clubʼs
                this is in the region of £500 to cover the cost of the first 5            long-standing support for local charities,
                years, this is equivalent to £25k per annum for a period                 such as the Jessie May Trust.
                of 20 years.
                                                                                  £25k   BCC will be invited to become a Trustee.




June 2009"                                                                                                       page 6 of 7
COMMUNITY BENEFIT                                             VALUE                   comments
 8.South Bristol   Satellite Junior Academy in South Bristol.                          An in principle commitment by BCFC to
                                                                                       support a satellite junior academy linked in
                   x2 fully-qualified coaches to value of £25k per annum.               South Bristol will generate significant
                                                                                       community benefit and contribute to the
                                                                                       regeneration of a deprived area, as well as
                                                                                       supporting BCC objectives for reducing
                                                                                       health and social inequalities and creating
                                                                                       balanced and sustainable communities.

                                                                                       The BCFC Junior Academy has strong ties
                                                                                       with the senior Academy at the club and, as
                                                                                       such, provides a pathway for the most gifted
                                                                                       and talented players to reach the
                                                                                       professional ranks. Bristol underperforms
                                                                                       relative to other parts of England in
                                                                                       producing top-class footballers. Linking
                                                                                       areas across South Bristol will increase the
                                                                                       opportunity for local players (such as Cityʼs
                                                                                       Player of the Year 2009/10, Cole Skuse, who
                                                                                       has progressed through the Academy), and
                                                                                       create a greater football legacy for the city of
                                                                               £25k    Bristol.


                                                            TOTAL
                                                                           £370,365k




June 2009"                                                                                                     page 7 of 7
Appendix F – Draft Key Commercial Terms for Land Transfer and Community
                         Benefits Documentation


Condition of Land Transfer

1     The Alderman Moores land and the car park adjacent to the current stadium
      (together comprising the “Council Land”) shall be transferred from the
      Council to Ashton Gate Limited (“AGL”) upon completion of the football
      stadium.

Provision of Community Benefits during the Repayment Period.

2     AGL shall provide the community benefits for a period of [30] years from the
      date of completion of the stadium (such period of time to be referred to as the
      “Repayment Period”).

Provision of Community Benefits before and after the Repayment Period


3     AGL shall use its best endeavours to provide the community benefits in the
      period between (i) the signature of the contracts, and (ii) the completion of the
      football stadium.

4     AGL shall use its best endeavours to provide the community benefits from the
      expiry of the Repayment Period until:

      a. Bristol City FC (including any successor football club or franchise, or
         successor stadium operator) ceases to exist; and/or

      b. Bristol City FC (including any successor football club or franchise, or
         successor stadium operator) ceases to locate its stadium within the
         geographical boundary of the City of Bristol.

Securing the Council’s Interests

5     In the event of any transfer of ownership of the freehold title to the stadium by
      AGL, such transfer shall only be permitted subject to the transferee agreeing
      to fulfil the outstanding obligations to provide the community benefits.

6     There shall be a restriction on the freehold title to the stadium in favour of the
      Council in order to secure the provision of the community benefits.

7     AGL shall create a legal charge in favour of the Council over the freehold title
      to the stadium to provide security in the event of any of the following occurring
      during the Repayment Period:

      a. Bristol City FC (including any successor football club or franchise, or
         successor stadium operator) ceases to exist;

      b. Bristol City FC (including any successor football club or franchise, or
         successor stadium operator) ceases to locate its stadium within the
         geographical boundary of the City of Bristol;
c. the insolvency of AGL and/or any affiliate; and /or

        d. the transfer of some or all of the freehold title to the stadium.

8       The security provided by the charge shall be for a sum equivalent to the value
        of the unperformed community benefits during the Repayment Period.

9       Any valuation of the community benefits during the life of the contract(s) shall
        be adjusted to reflect the variation in [RPI] in the period between the date of
        the contract(s) and the date of the valuation.

Arena

10      AGL shall, in good faith, work and co-operate with the Council and any other
        relevant organisations to explore and to progress the potential development
        on the stadium site of an arena with facilities for events such as music events,
        indoor sports events and conferences.

        [to be discussed with BCFC]
Appendix G
                                                 BRISTOL CITY COUNCIL
                                    Equality Impact Assessment – Part One - Screening

                   Draft screening EQIA - Disposal of land to Bristol City Football Club

Part one of an EqIA – the screening – should be carried out at the planning and development stage of a policy, project,
service, contract or strategy. This form should be used in conjunction with the guidance and as the first part of a full
EqIA.


Name of policy, project, service,      Disposal of land to Bristol City Football Club
contract or strategy being
assessed


Directorate and Service                City Development - Major Projects



Names and roles of officers            Alun Owen, Service Director Major Projects
completing the assessment


Main contact telephone number          0117 9037481


Date                                   10th June 2010


                                                               1
1. Identify the aims of the policy, project, service, contract or strategy and how it is implemented

                 Key Questions                                Notes / Answers                    Any actions needed?
                                                                                                      By whom?

1.1   Is this a new policy, project, service,   This is a new project, but links closely with
      contract or strategy or a review of       the City Council's World Cup Bid.
      an existing one?

1.2   What is the main purpose of the           To dispose of a number of land interests in
      policy, project, service, contract or     return for a wide range of community
      strategy?                                 benefits.

1.3   What are the main activities of the       The project report for July 22nd Cabinet sets
      policy, project, service, contract or     out the main processes to achieve this
      strategy?                                 desired result.

1.4   Who are the main beneficiaries?           The community both in the immediate area
      Whose needs is it designed to             of the new stadium and to a lesser extent
      meet?                                     the whole of Bristol.

1.5   Which staff carry out the policy,         Once the various land contracts are
      project, service, contract or             completed the monitoring will be carried out
      strategy?                                 by BCC staff, but the implementation will be
                                                done mainly by BCFC.

1.6   Are there areas of the policy or          Yes, any changes to proposals will be
      function that could be governed by        discussed with the Executive Members and
      an officer's judgement? e.g. home         Cabinet as appropriate. Initially the basis of

                                                                2
visits "where appropriate". If so, is    any agreement will be the subject of a
      there guidance on how to exercise        Cabinet report.
      this to prevent any possible
      bias/prejudice creeping in?

1.7   Is the Council working in                The project does not create any new
      Partnership with other organisations     partnerships as such. The negotiated
      to implement this policy or function?    benefits package, however, enables some
      Should this be taken into                benefits of partnership working to be
      consideration? e.g. Agree equalities     achieved.
      monitoring categories
      Should the partnership
      arrangements have an EqIA?

1.8   Taking the six strands of equalities,
      do you have any initial thoughts that
      any of the six equalities strands
      have particular needs relevant to the
      policy or function?

      Or is there anything in the policy,
      project, service, contract or strategy
      that you can think of at this stage
      that could discriminate or
      disadvantage any groups of people?
      ie.

      Gender (include Transgender)             In addition BCC and BCFC will encourage
                                               female participation in all sporting activities
                                               arising from these community benefits.
                                                               3
Disability                              The new stadium will be an excellent
                                              example of compliance with all DDA
                                              requirements.

      Age                                     The community benefits are designed to
                                              assist some particular groups (younger
                                              people / older people)

      Race                                    No specific issues identified at this stage.

      Sexual Orientation                      No specific issues identified at this stage.

      Faith/Belief                            No specific issues identified at this stage.

      Do any other specific groups have
      particular needs relevant to the
      policy, project, service, contract or
      strategy?

1.9   Did you use any data to inform your     No. Advice taken from Head of Sport.
      initial thoughts above?
      What data do you already have?

1.10 Are there gaps in the data that          No.
     require you to do further work?
     What are these gaps?


                                                              4
If the result of the screening process is that there is the potential for a significant impact on any equality group or if any
equality group has significantly different needs, then a full equality impact assessment must be carried out. If you are
unsure please seek advice from a directorate or corporate equalities officer.


Additional comments / recommendations

The draft screening Equalities Impact Assessment for the Disposal of land to Bristol City Football Club has been
signed off at this stage as it is being presented to Cabinet in July 2010.

Recommendations

Even though the implementation of the various contracts will be mainly by the BCFC measures need to be included
into the overall agreement to make sure that BCC are committed to carrying out the monitoring function of the wide
range of community benefits that are to be agreed.

The signing of this screening form has been agreed on the basis of the above recommendation.


Signed: Alun Owen                                Signed: Jane Hamill

Service Manager: Major Projects                  Directorate Equalities Adviser:

Date: 7th July 2010                              Date: 7th July 2010




                                                               5
Appendix H

Environment Impact Checklist
Title of report: Disposal of Land and Property Interests to Bristol City Football
Club
Report author: Alun Owen
Anticipated date of key decision: 22 July 2010
Summary of proposals: Disposal of the Land and Property Interests identified
in the report would enable significant community benefits to be achieved for
the long term as a result of the construction of a new football stadium.
Will the proposal             Yes/ +ive   If yes...
impact on...                  No or
                                          Briefly describe       Briefly describe mitigation
                                   -ive
                                          impact                 measures
Emission of Climate           No    )
Changing Gases?                     )
Bristol's vulnerability to the No   )
effects of climate change?          )
Consumption of non-           No    )     See comment in main body of report & full
renewable resources?                )     Environmental Impact Assessment within the
                                    )     Planning report related to the proposed stadium
                                    )     dated 4 November 2009
Production, recycling or      No    )
disposal of waste                   )
The appearance of the         No    )
city?                               )
Pollution to land, water, or No     )
air?                                )
Wildlife and habitats?        No    )
Consulted with: Steve Ransom
Summary of impacts and mitigation - to go into the Cabinet/ Council Report
The significant impacts of this proposal are....                       } See Planning
The proposals include the following measures to mitigate the impacts …. }Report relating
The net effects of the proposals are....                               }to the proposed
                                                                        Stadium dated
                                                                        4th Nov 2009
Checklist completed by: Steve Ransom
Name:                                         Alun Owen
Dept.:                                        City Development
Extension:                                    37481
Date:                                         14 June 2010
Verified by                                   Steve Ransom
Environment and Sustainability Unit

                                             1

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Draft report to cabinet

  • 1. Agenda Item No. 7 BRISTOL CITY COUNCIL OVERVIEW AND SCRUTINY MANAGEMENT COMMITTEE 15 JULY 2010 Summary The attached draft report is due to be taken to Cabinet on 22nd July 2010 and is presented to the Overview and Scrutiny Management Committee in draft for consideration today.
  • 2. APPENDIX A DRAFT AGENDA ITEM NO BRISTOL CITY COUNCIL CABINET 22 July 2010 Report of: Strategic Director - City Development Title: Disposal of Land and Property Interests to Bristol City Football Club Ward: All Wards Officer Presenting Report: Alun Owen - Service Director, Major Projects City Development Contact Telephone Number: (0117) 9037481 RECOMMENDATION That Cabinet approve the disposal of property interests, the restructuring of the lease to the Social Club and the granting of a licence over the retained area of Alderman Moores to enable an adoptable road/pedestrian access to be constructed as set out in this report in return for long term community benefits. Summary Disposing of the land and property interests identified in the report would enable significant community benefits to be achieved for the long term as a result of the construction of a new football stadium. The significant issues in the report are: - The identification of the property interests being considered for disposal. - The schedule of community benefits. - The fact that Secretary of State approval will be obtained before any of the proposals in the report can be finalised. -1- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 3. DRAFT Policy 1. Relevant policies in the Council's Core Strategy include: BCS1 - South Bristol, which identifies South Bristol as a priority focus for development and regeneration. Consultation Internal Land & Property Legal Finance Sport Strategic & City Wide Planning Ward Councillors OSM 2. External Secretary of State in respect of a disposal for community benefits in lieu of a capital receipt under Sections 123 and 127 of the Local Government Act 1972 (consultation is on-going). Context 3. Bristol City Football Club (BCFC) have recently obtained planning permission, as set out in the Planning Committee reports dated 4 November 2009 and 10 February 2010, to build a new stadium on land at Ashton Vale (See Appendix A). The construction of a new stadium is the key component in Bristol City Council's bid to become a host city for the 2018 World Cup. The detail of the bid was set out in the Cabinet Report dated 24 November 2009. Whilst this report deals mainly with the significant community benefits that can be achieved by using some of the council's property interests, there are also huge economic benefits to be achieved by ensuring this stadium is constructed. The council has a unique opportunity to influence the way this new stadium can impact on the whole of Bristol for the long term. In addition to the economic benefits accruing from the World Cup, there is a value generated for the city economy from the building of the football stadium, its expansion to meet the World Cup specification, the provision of conference and convention facilities, the prospect of an adjacent -2- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 4. DRAFT arena development and the associated enabling development. PWC were jointly commissioned by Bristol City Football Club and Bristol City Council to assess the likely impact to the city. PWC estimate that the construction of the 30,000 seat stadium alone will generate £223m (GVA) to the city economy over a 20 year period plus approximately 207 jobs with estimated earnings of £5.8 million per annum. When the stadium is considered, together with the accompanying developments, the GVA contribution rises to approximately £247 million over the 20 year period, with approximately 359 jobs created generating approximately £10 million in earnings annually. The addition of an Arena would further enhance these figures. The inclusion of a major conference and convention facility capable of accommodating 1000 delegates with adjacent hotel accommodation would greatly improve the city's offer in this important market. Bristol has suffered from an absence of a large conference venue with associated 'break out' space for smaller meetings and discussion groups. The new stadium design, which includes a tier of VIP hospitality boxes as well as the main conference and banqueting facilities, would greatly enhance Bristol's offer and allow it to compete in the national and international conference/convention market. This would further generate earnings over the long term for the city economy. Destination Bristol estimate that the city is currently losing between £5-8 million per annum of conference business as a consequence of not having appropriate large scale conference facilities. The proposed new football stadium will also contribute to the council's aims to make Bristol an ambitious international city and regional capital. It sits in the same context as the renewal of the Colston Hall and the new Museum of Bristol in terms of facilities. In addition, it has the real potential to provide a new sporting focus to Bristol. The Council is proposing using its land interests around the existing and proposed stadium to secure long term community benefits and facilitate the construction of the new stadium. These benefits and initiatives include; sports events, coaching, training, health and wellbeing and extended educational programmes. Proposal 4. The City Council is proposing to dispose of the following property interests: ● The freehold of the car park adjacent to the existing stadium. This is already held by BCFC on a 125 year lease, which -3- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 5. DRAFT commenced in 1987. See Appendix B. ● Part of the site known as Alderman Moores allotments (See Appendix C). Access to this site off Silbury Road are part of on- going discussions and may be the subject of a further report at a later date. In addition, ● To restructure the lease associated with the Social Club both to facilitate the construction of the new football stadium and the construction of the Bristol Rapid Transport Ashton Vale to Temple Meads route. See Appendix D. ● To grant a licence to enter onto that part of Alderman Moores that is being retained to enable an adoptable road/pedestrian access to be created. The value of these property interests is £4.6m. Under the powers of Wellbeing and in Section 2 of the Local Government Act 2000 the City Council can dispose of land in return for long term community benefits (see Legal comments). The package of proposed community benefits are shown at Appendix E. These are annual values, inflation linked, and BCFC is contractually required to provide these, or similar appropriate community benefits, for a period of 30 years. After this period BCFC is contractually required to use its best endeavours to provide similar benefits for the life of the stadium. This recognises that the benefits will require review over such a long period of time. A copy of the draft Heads of Terms is shown as Appendix F. These benefits are in addition to what is currently provided for the existing stadium or as a result of any other long term commitments. The principles of valuing community benefits have been adhered to in producing the list of community benefits, ie; ● The community benefits defined and measured should be additional (ie they would not be expected to accrue without the development): the current Ashton Gate stadium already generates some community benefits and the focus therefore must be on the incremental activities and outputs arising from the Ashton Vale stadium; ● The unit value of the community benefits should ideally be measured based on 'market rates' in terms of foregone revenue -4- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 6. DRAFT (ie reflecting what beneficiaries might have been expected to pay); ● In the absence of appropriate 'market rates', analogues should be used to estimate the unit value of the community benefit; and ● In the absence of 'market rates' and analogues, the community benefits should be estimated using the cost of providing the community benefit. These community benefits have also been assessed by officers as representing a good annual level of return against the capital value. They also demonstrate the step change that BCFC will make in the way it works with the council and others to maximise its impact in the wider community. Annual progress in developing these benefits will be the subject of an annual report to Cabinet which BCFC will be required to attend. Within the legal agreement there is also a commitment to work with the city council to build an Arena adjacent to the stadium. This further demonstrates the importance both parties place on achieving an Arena for Bristol. A further assessment will be undertaken by the Secretary of State who will need to approve the disposal of these land interests for community benefits on the basis that they comply with the requirements of Sections 123 and 127 of the Local Government Act 1972. Other Options Considered No disposal of property interests - The property interests are an important component in enabling the new stadium to be constructed. Without these interests it is difficult to see how the stadium could be financed and subsequently constructed and as a result all of the economic and community benefits would be lost. Disposal of property interests in return for capital receipt - The value of community benefits is inflation linked and in the medium term will generate a higher return than from the capital receipt. It also presents the council with an opportunity to significantly influence the way the new stadium works with the community to achieve some of its key aims and objectives in relation to its community strategy. -5- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 7. DRAFT Risk Assessment 5. The main risks of not agreeing to the course of action as set out in the report are as follows: ● BCFC are not able to construct their new proposed stadium and the wider economic and community benefits are lost. This risk is mitigated by the proposals contained in this report; ● If the football stadium is not constructed the city's bid to host the World Cup in 2018 will fail and the benefits as set out in the report to Cabinet will not be achieved. This risk is mitigated by the proposals contained in this report; ● If the stadium is not constructed there will be no possibility of a new Arena being built. This risk is mitigated by the proposals contained in this report; ● In addition there are a separate number of risks associated with disposal of property interests in return for community benefits. These include:- ● Non Performance. Any failure by the Football Club to provide the community benefits would give rise to a breach of contract claim. This risk is also mitigated by requiring an annual report to Cabinet to demonstrate that the community benefits are being received. ● Inflation reducing the value of the benefits. The community benefits will be index linked. ● Stadium not built. The risk is mitigated by ensuring that the transfer of land to BCFC is conditional upon the completion of the stadium. If the stadium is not completed, the land would not transfer. ● Disposal of stadium site by BCFC. The risk is mitigated by;- - A restriction on freehold title of the stadium to secure ongoing provision of the community benefits, - A council right to veto disposal unless transferee agrees to fulfil outstanding community benefit obligations, and - A legal charge against value of unperformed community benefits. -6- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 8. DRAFT ● BCFC become insolvent. This risk is mitigated by a legal charge against the value of unperformed community benefits. NB – this charge will not be highest ranked in priority so its value may be limited in the event of an insolvency, although it would place the council ahead of unsecured lenders. Equalities Impact Assessment 6. One of the outcomes of the proposals will be a wide range of community and economic benefits which will help contribute towards regeneration and the creation of new job opportunities. It will be important to monitor that these community benefits are having a positive impact on as many groups of people as possible. The EqIA Screening Assessment is shown at Appendix G. 7. Environment Impact Checklist The Environment Impact Checklist is included as Appendix H. The detailed Environmental Impact Assessment relating to the stadium were dealt with in the Planning report dated 4 November 2009. The proposals in this report follow on from that earlier planning decision and therefore the direct environmental impact of this report will be assessed as nil in that the detail was dealt with in the substantial EIA within the planning report. As is often the case with major developments there is often a fine balance between economic benefits and the environmental impact. 8. Legal and Resource Implications Legal The Council could rely on the “well-being” power under section 2 of the Local Government Act 2000 – the power to do anything that is likely to achieve the promotion or improvement of the economic, social or environmental well-being of the area for residents etc. When exercising the well-being power under section 2 of the Local Government Act 2000, a local authority must have regard to its Community Strategy. The proposals in this report for example impact on stronger and safer communities, children and young people and -7- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 9. DRAFT family aspirations and reducing health and wealth inequality. State Aid The Council are satisfied that the value of the community benefits being provided by BCFC would be, as a bare minimum, equal to the value of the land being transferred to BCFC. The valuation of the community benefits has been assessed by officers as representing a good annual return against the capital value. This will be further reviewed by the Secretary of State as part of the application for disposal consent (see below). The valuation of the community benefits also excludes those benefits that BCFC was already providing or those that it is otherwise legally obligated to provide. The valuation of the property interests being transferred is dealt with in section 8. The revenue implications of the disposal for community benefits are dealt with in the financial section of the report. Therefore, the disposal is compliant with state aid legal requirements. Secretary of State Consent Specific consent must be obtained from the Secretary of State for disposals of land where the difference between the value of the land and the payment received is greater than £2,000,000 (two million pounds). The financial value of the community benefits being provided mean that this is not the sort of arrangement that must be referred to the Secretary of State. Nonetheless, as a matter of good practice and in order to provide further assurance of the lawfulness of the arrangements, an application will be made to obtain Secretary of State consent. Lawfulness of Recommendation As a matter of law, in order to act within its powers, the Cabinet must take account of all relevant considerations, disregard irrelevant considerations, observe all procedural requirements, not act in bad faith and not take decisions that no reasonable authority could take. This report sets out the benefits, the risks, the financial details, and -8- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 10. DRAFT addresses the relevant legal issues. Therefore the recommendation is lawful and well-founded. Legal advice given by: Phil Roberts, Contracts Solicitor Financial Capital The value of the land to be disposed of is £4.6m. If the land was sold rather than exchanged for community benefits the council could re-invest the value of the sale in capital schemes avoiding prudential borrowing. Revenue The use of assets to finance community benefits is recognised, subject to working within agreed parameters, as a legitimate way to finance council activities. In making the decision it must be recognised that as an alternative the sale proceeds of the capital receipt could be used to reduce the council's prudential borrowing costs by £303k per annum and invested in another area or used towards savings. The annual repayment includes interest that will reduce through the period as debt is repaid, on average this will be £123k pa. The average cost of repaying the principal over 25 years is on average £180k pa. The community benefits of £370k pa far exceed the interest payment and will continue beyond the period the loan is repaid while the stadium is in place. Financial advice given by: Peter Robinson, Service Director (Finance) Land The land interests to be disposed of are set out in Section 4 of this report. A valuation dated June 2010 estimates the value of these land interests as being £4.6m In the case of the car park adjacent to the existing stadium, the valuation is based on a supermarket being built on the site. In the case of Alderman Moores the valuation assumption is for housing. -9- S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 11. DRAFT Valuation of freehold of existing car park £1,150,000 Disposal of Alderman Moores £3,340,000 Restructure of Social Club lease £ 75,000 £4,565,000 Personnel Appendices: Appendix A - Plan of New Stadium Appendix B - Plan of Car Park Appendix C - Plan of Alderman Moores Appendix D - Plan of Social Club Appendix E - Schedule of Community Benefits Appendix F - Heads of Terms Appendix G - EqIA Screening Assessment Appendix H - Environmental Impact Assessment ACCESS TO INFORMATION Background Papers: Report to Cabinet - World Cup Bid dated 24 November 2009 Stadium Planning Reports dated 4 November 2009 and 10 February 2010 - 10 - S:Reports2010-11ScrutinyOSMreports15.07.10item 7 BCFC land disposal dft cab rept.odt th Version 8 - 7 July 2010
  • 13.
  • 14.
  • 15.
  • 16. APPENDIX E A NEW REGIONAL STADIUM for BRISTOL Estimated value of community benefit in consideration of disposal by BCC of land and property interests to enable the construction of a new regional stadium for Bristol. A new regional stadium for Bristol at Ashton Vale will generate and provide significant additional value and enhanced benefits for Bristolʼs many communities, particularly those in the immediate vicinity of the stadium, as well as those that are further afield across the city. Like Ashton Gate before it, the new stadium will have a productive life of 100 years and more, and, as such, will generate an impressive array of legacy benefits for the city. As part of its stadium development plans, the football club is intent upon strengthening its reputation as a good neighbour and active member of its local communities, as well as working with and supporting Bristol City Councilʼs sport and health promotion initiatives. A Communities and Residentsʼ Liaison Group will be established to monitor the ways in which these benefits and legacies are delivered, as well as with a view to identifying more ways in which the club can offer support to its neighbours. This report estimates the value of community benefit that will be generated in return for the land and property interest disposal. The actual delivery of these benefits will be linked to a comprehensive legal agreement. Whilst BCFC is clearly operating in the south of the city it is intended that the benefits will be available as far as possible for the whole of the city. June 2009" page 1 of 7
  • 17. COMMUNITY BENEFIT VALUE comments 1. Rooms & Great Hallʼ The stadium will be an accessible and inclusive venue. Community uses are likely • 3 days free per annum @ £4k per day other space to include: (non-match-day hire) £12k • presentation evenings for local football Multi-purpose space (level 5, west stand) clubs, sports organisations, representative level sports awards and • 2 days free per month @ £750 per day school competitions; • access to multi-purpose rooms for £18k exercise referral group exercise classes Training and community education meeting rooms – eg. Cardiac Rehab, COPD, MEND • 1 room 2 days free per week @ £400 per room per programme; day £41.6k • community consultation meetings; Stadium concourse • community jobs fayres; • occasional use of stadium concourse • community dance events; £2k • community sports leaders award courses sub-total rooms and other space and NGB award courses; and • lunches and Christmas parties for local pensioners and residents of nearby care homes. The availability of rooms for community at the new stadium is an additional benefit, as rooms have not traditionally been made £73.6k available for community use at Ashton Gate. June 2009" page 2 of 7
  • 18. COMMUNITY BENEFIT VALUE comments 2.Pitch and • 1 day free per annum The pitch and stadium will be set aside for use by schools, clubs, social enterprises or stadium charities in Bristol. facilities Community uses are likely to include: • curtain-raisers and demonstration events – ability sport, girls and womenʼs matches, youth and junior matches • representative matches • community cup finals • schools festivals Community use will be available within the close season, and will be prioritised in line with other revenue-generating events and activities. The availability of the pitch and associated stadium facilities is an additional £12k benefit. June 2009" page 3 of 7
  • 19. COMMUNITY BENEFIT VALUE comments 3.Community Subsidised community gym - assumptions: The community gym will aim to generate new gym users rather than attract users from • market rate £60-70 per month for standard gym gym membership other commercial and subsidised community gyms, thereby increasing physical activity • market rate 12 individual uses per month @ £5 per within existing communities. usage • benchmark community gym at £4.30 per individual Subsidised use of the community gym will usage support, for example: • 125 uses per day • GP Referral programmes; • offering subsidised use at £1.00 per use, ie £3.30 per • Fit for the Future (16-22 year olds); use subsidised rate below market rate • smoking cessation; • 125 uses per day x £3.30 subsidised rate x 350 days = £144,375 value of subsidised community use • back care; • 3 FTE employees at £14,200 per FTE plus 15% on • falls prevention; costs = £48,990 • young people and children in care; and • support for sports apprenticeships eg gym instructors. The community gym will be at the heart of the concept of providing a ʻhealthy stadiumʼ for the wider community. By reaching out into the wider community, by making the stadium accessible and inclusive, and by working with health practices, providers and strategic bodies, the stadium - with the community gym at its heart - will aim to promote healthy lifestyles and choices. The gym will be fully accessible, including IFI £193.365k fitness equipment. June 2009" page 4 of 7
  • 20. COMMUNITY BENEFIT VALUE comments 4.Football in 114% increase in floor space allocated to Football in the Community - BCFC currently supports Football in the The value attached to these existing BCFC- led community initiatives is based on the the Community to value of £10k per annum - increase from increase in floor space available to each in 35m2 to 75m2 equivalent to £21.4k per annum the new stadium. Community £11.4k However, the strengths of these initiatives lie 5.PfS BCFC 20% increase in floor space allocated to PfS BCFC Study - BCFC currently supports PfS Study Centre to in their social inclusion delivery, with the power of football being used to engage Study Centre value of £50k per annum - increase from 84m2 to 101m2 disaffected young people and to instil values equivalent to £10,000 per annum of team work, discipline, leadership, self- esteem and confidence. The stadium will offer opportunities to dramatically extend the reach and impact of these programmes. The Club has always been and continues to be a generous supporter of all schools. For example, it has recently joined the newly- formed flexible learning trust that comprises Ashton Park School and other local primary schools. Strengthening the wider education legacy is an important consideration for the £10k football club. June 2009" page 5 of 7
  • 21. COMMUNITY BENEFIT VALUE comments 6.Community Community naming rights assigned to a small number of rooms and spaces in the stadium. This will take the form Funds raised by the commercial sponsorship of one or two rooms or spaces in the new naming of commercial naming rights as sponsorship for local stadium will be made available as a direct community activity and initiatives. cash benefit to city-wide community groups rights and initiatives. For example, a local or regional business may wish to sponsor a room or a space in the new stadium, perhaps as part of their own Corporate Social Responsibility (CSR) programme, with the value of their sponsorship being passed directly to the £20k wider community. 7.BCFC BCFC is working to establish a Community Trust to extend and strengthen the connections with its new The establishment of a Community Trust and the appointment of a CEO will, in effect, Community neighbours and existing community. This is being create a de facto BCFC community director considered as a specific initiative linked to the move to post within the club, ensuring that the Trust the new stadium, so that the community is encouraged stadium and the club itself deliver significant to take pride in the stadium, and to take real ownership value to the community. of the facilities and benefits that it will offer. Putting community activity firmly at the heart If the club decides to do this, it will secure the Trustʼs of the football club will be a key objective of start-up through an initial endowment. Assuming that this initiative, as will formalising the clubʼs this is in the region of £500 to cover the cost of the first 5 long-standing support for local charities, years, this is equivalent to £25k per annum for a period such as the Jessie May Trust. of 20 years. £25k BCC will be invited to become a Trustee. June 2009" page 6 of 7
  • 22. COMMUNITY BENEFIT VALUE comments 8.South Bristol Satellite Junior Academy in South Bristol. An in principle commitment by BCFC to support a satellite junior academy linked in x2 fully-qualified coaches to value of £25k per annum. South Bristol will generate significant community benefit and contribute to the regeneration of a deprived area, as well as supporting BCC objectives for reducing health and social inequalities and creating balanced and sustainable communities. The BCFC Junior Academy has strong ties with the senior Academy at the club and, as such, provides a pathway for the most gifted and talented players to reach the professional ranks. Bristol underperforms relative to other parts of England in producing top-class footballers. Linking areas across South Bristol will increase the opportunity for local players (such as Cityʼs Player of the Year 2009/10, Cole Skuse, who has progressed through the Academy), and create a greater football legacy for the city of £25k Bristol. TOTAL £370,365k June 2009" page 7 of 7
  • 23. Appendix F – Draft Key Commercial Terms for Land Transfer and Community Benefits Documentation Condition of Land Transfer 1 The Alderman Moores land and the car park adjacent to the current stadium (together comprising the “Council Land”) shall be transferred from the Council to Ashton Gate Limited (“AGL”) upon completion of the football stadium. Provision of Community Benefits during the Repayment Period. 2 AGL shall provide the community benefits for a period of [30] years from the date of completion of the stadium (such period of time to be referred to as the “Repayment Period”). Provision of Community Benefits before and after the Repayment Period 3 AGL shall use its best endeavours to provide the community benefits in the period between (i) the signature of the contracts, and (ii) the completion of the football stadium. 4 AGL shall use its best endeavours to provide the community benefits from the expiry of the Repayment Period until: a. Bristol City FC (including any successor football club or franchise, or successor stadium operator) ceases to exist; and/or b. Bristol City FC (including any successor football club or franchise, or successor stadium operator) ceases to locate its stadium within the geographical boundary of the City of Bristol. Securing the Council’s Interests 5 In the event of any transfer of ownership of the freehold title to the stadium by AGL, such transfer shall only be permitted subject to the transferee agreeing to fulfil the outstanding obligations to provide the community benefits. 6 There shall be a restriction on the freehold title to the stadium in favour of the Council in order to secure the provision of the community benefits. 7 AGL shall create a legal charge in favour of the Council over the freehold title to the stadium to provide security in the event of any of the following occurring during the Repayment Period: a. Bristol City FC (including any successor football club or franchise, or successor stadium operator) ceases to exist; b. Bristol City FC (including any successor football club or franchise, or successor stadium operator) ceases to locate its stadium within the geographical boundary of the City of Bristol;
  • 24. c. the insolvency of AGL and/or any affiliate; and /or d. the transfer of some or all of the freehold title to the stadium. 8 The security provided by the charge shall be for a sum equivalent to the value of the unperformed community benefits during the Repayment Period. 9 Any valuation of the community benefits during the life of the contract(s) shall be adjusted to reflect the variation in [RPI] in the period between the date of the contract(s) and the date of the valuation. Arena 10 AGL shall, in good faith, work and co-operate with the Council and any other relevant organisations to explore and to progress the potential development on the stadium site of an arena with facilities for events such as music events, indoor sports events and conferences. [to be discussed with BCFC]
  • 25. Appendix G BRISTOL CITY COUNCIL Equality Impact Assessment – Part One - Screening Draft screening EQIA - Disposal of land to Bristol City Football Club Part one of an EqIA – the screening – should be carried out at the planning and development stage of a policy, project, service, contract or strategy. This form should be used in conjunction with the guidance and as the first part of a full EqIA. Name of policy, project, service, Disposal of land to Bristol City Football Club contract or strategy being assessed Directorate and Service City Development - Major Projects Names and roles of officers Alun Owen, Service Director Major Projects completing the assessment Main contact telephone number 0117 9037481 Date 10th June 2010 1
  • 26. 1. Identify the aims of the policy, project, service, contract or strategy and how it is implemented Key Questions Notes / Answers Any actions needed? By whom? 1.1 Is this a new policy, project, service, This is a new project, but links closely with contract or strategy or a review of the City Council's World Cup Bid. an existing one? 1.2 What is the main purpose of the To dispose of a number of land interests in policy, project, service, contract or return for a wide range of community strategy? benefits. 1.3 What are the main activities of the The project report for July 22nd Cabinet sets policy, project, service, contract or out the main processes to achieve this strategy? desired result. 1.4 Who are the main beneficiaries? The community both in the immediate area Whose needs is it designed to of the new stadium and to a lesser extent meet? the whole of Bristol. 1.5 Which staff carry out the policy, Once the various land contracts are project, service, contract or completed the monitoring will be carried out strategy? by BCC staff, but the implementation will be done mainly by BCFC. 1.6 Are there areas of the policy or Yes, any changes to proposals will be function that could be governed by discussed with the Executive Members and an officer's judgement? e.g. home Cabinet as appropriate. Initially the basis of 2
  • 27. visits "where appropriate". If so, is any agreement will be the subject of a there guidance on how to exercise Cabinet report. this to prevent any possible bias/prejudice creeping in? 1.7 Is the Council working in The project does not create any new Partnership with other organisations partnerships as such. The negotiated to implement this policy or function? benefits package, however, enables some Should this be taken into benefits of partnership working to be consideration? e.g. Agree equalities achieved. monitoring categories Should the partnership arrangements have an EqIA? 1.8 Taking the six strands of equalities, do you have any initial thoughts that any of the six equalities strands have particular needs relevant to the policy or function? Or is there anything in the policy, project, service, contract or strategy that you can think of at this stage that could discriminate or disadvantage any groups of people? ie. Gender (include Transgender) In addition BCC and BCFC will encourage female participation in all sporting activities arising from these community benefits. 3
  • 28. Disability The new stadium will be an excellent example of compliance with all DDA requirements. Age The community benefits are designed to assist some particular groups (younger people / older people) Race No specific issues identified at this stage. Sexual Orientation No specific issues identified at this stage. Faith/Belief No specific issues identified at this stage. Do any other specific groups have particular needs relevant to the policy, project, service, contract or strategy? 1.9 Did you use any data to inform your No. Advice taken from Head of Sport. initial thoughts above? What data do you already have? 1.10 Are there gaps in the data that No. require you to do further work? What are these gaps? 4
  • 29. If the result of the screening process is that there is the potential for a significant impact on any equality group or if any equality group has significantly different needs, then a full equality impact assessment must be carried out. If you are unsure please seek advice from a directorate or corporate equalities officer. Additional comments / recommendations The draft screening Equalities Impact Assessment for the Disposal of land to Bristol City Football Club has been signed off at this stage as it is being presented to Cabinet in July 2010. Recommendations Even though the implementation of the various contracts will be mainly by the BCFC measures need to be included into the overall agreement to make sure that BCC are committed to carrying out the monitoring function of the wide range of community benefits that are to be agreed. The signing of this screening form has been agreed on the basis of the above recommendation. Signed: Alun Owen Signed: Jane Hamill Service Manager: Major Projects Directorate Equalities Adviser: Date: 7th July 2010 Date: 7th July 2010 5
  • 30. Appendix H Environment Impact Checklist Title of report: Disposal of Land and Property Interests to Bristol City Football Club Report author: Alun Owen Anticipated date of key decision: 22 July 2010 Summary of proposals: Disposal of the Land and Property Interests identified in the report would enable significant community benefits to be achieved for the long term as a result of the construction of a new football stadium. Will the proposal Yes/ +ive If yes... impact on... No or Briefly describe Briefly describe mitigation -ive impact measures Emission of Climate No ) Changing Gases? ) Bristol's vulnerability to the No ) effects of climate change? ) Consumption of non- No ) See comment in main body of report & full renewable resources? ) Environmental Impact Assessment within the ) Planning report related to the proposed stadium ) dated 4 November 2009 Production, recycling or No ) disposal of waste ) The appearance of the No ) city? ) Pollution to land, water, or No ) air? ) Wildlife and habitats? No ) Consulted with: Steve Ransom Summary of impacts and mitigation - to go into the Cabinet/ Council Report The significant impacts of this proposal are.... } See Planning The proposals include the following measures to mitigate the impacts …. }Report relating The net effects of the proposals are.... }to the proposed Stadium dated 4th Nov 2009 Checklist completed by: Steve Ransom Name: Alun Owen Dept.: City Development Extension: 37481 Date: 14 June 2010 Verified by Steve Ransom Environment and Sustainability Unit 1