WRITTEN RECORD OF A DECISION IN RESPECT OF AN EXECUTIVE FUNCTION TO BE COMPLETED BY THE RELEVANT DECISION-MAKER AND PROPER OFFICER

DECISION-MAKER:

Cabinet

DATE OF DECISION-MAKING:

24th January 2005

PORTFOLIO AREA:

Leader of the Council

DECISION REFERENCE:

CAB0109-2005JAN24

SUBJECT TITLE:

Northern Above Bar – Southampton’s New Arts Complex (SNAC)

This record relates to the report appearing as item A1 on the agenda for the Decision-Making.

A copy of the report is available from:

Christine Rawnsley

Tel: 023 8083 2730

E-mail: Christine.rawnsley@Southampton.gov.uk

THE DECISION

Having read the report, including its recommendations and proposals, and following consideration of all other relevant matters, the decision-maker made the following decision.

To approve the proposals / recommendations contained in the report

without modification as set out below.

In accordance with Section 2 of the Local Government Act 2000, and having first considered the Community Strategy, Cabinet is asked:

(i)

to endorse the total value of the scheme SNAC (Southampton’s New Arts Complex) Project, contained within the Leisure, Culture and Tourism capital programme, noting the increase from £8,050,000 to £11,042,000, to be funded from grants (£5,000,000 Arts Council England [ACE] Lottery, £200,000 South East England Development Agency, [SEEDA]), fundraising (£1,500,000), contributions from the Arts Partners (Art Asia [AA], £750,000 from ACE Lottery, John Hansard Gallery [JHG], £250,000 from University of Southampton [UoS]), capital receipts of £2,800,000 and £350,000 and other funds from ACE Lottery and ACE South East, amounting to £192,000;

(ii)

to note and accept the receipt of capital sums available from the sources above towards this scheme;

(iii)

to approve capital expenditure of £55,000, to be funded from the unallocated capital receipt of £150,000 from the Mayflower Plaza disposal, in order to progress the scheme, in line with Resolution (iv) of Minute 127 of Corporate Committee held on 10th January 2001 to submit an Expression of Interest in a Lottery grant, to identify a site, and commit Mayflower Plaza capital receipts to developing the project. The expenditure is estimated to be phased£45,000 in 2004/5, and £10,000 in 2005/6;

(iv)

to approve expenditure of £893,000, expenditure to be phased £5,000 in 2004/5, £184,000 in 2005/6, £367,000 in 2006/7 and £337,000 in 2007/08, the total expenditure to be funded by £249,000 taken from the capital receipts of £2,800,000 arising from the disposal of the site of Tyrrell and Green, the remaining £95,000 of the £150,000 Mayflower Plaza capital receipt (see Recommendation 3 above), £49,000 of other funds from ACESE and ACE as shown in Appendix B year 2004/5 and £500,000 from a draw down of ACE Lottery funds, in order to develop the scheme and towards the costs of the OJEU (Official Journal of the European Union) European Union procurement process to appoint consultants. This recommendation is subject to:

(a)

a successful application to draw down £500,000 from the main ACE Lottery award to be used for these purposes;

(b)

approval of the total SNAC scheme by ACE (currently expected to be in July 2005) following the final Development Plan submission;

(c)

confirmation of the £2,800,000 from the disposal of the Tyrrell and Green site;

With the exception of £5,000 to be used for OJEU costs, expenditure of the remaining £888,000 would not be incurred unless the total project was approved.

(v)

subject to an uplift in ACE South East Office revenue funding to AA and JHG, and the reinstatement of the ACESE grant formerly made to the Gantry Arts Centre, to recommend the inclusion in the Medium Term Plan 2005-2008 of the reinstatement of revenue funding for the Performing Arts Space (the replacement Gantry organisation), of the order of £65,000 in 2005/6 and £137,000 in future years as referred to in the report to Cabinet of 14th July 2003 and confirmed at the Council meeting of 16th July 2003 to fund the development of an outreach programme and marketing development strategy over the next two years, and for future revenue requirements when the complex opens. A revenue pressure of £65,000 has been submitted as part of the current round of budget preparation;

(vi)

subject to recommendations (vii) and (viii), to delegate authority to the Executive Director for Education and Leisure, following consultation with the Solicitor to the Council, to appoint a project manager and to endorse the convening of the first Project Board for the Capital Project for SNAC;

(vii)

that the Executive Director of Education and Leisure, following consultation with the Leader of the Council and the Cabinet Member for Leisure, Culture and Tourism be given delegated authority to :-

(a)

finalise the details of the Development Plan submission to ACE for grant assistance towards the development of SNAC at NAB;

(b)

appoint the professional team to design and procure the fit out of SNAC;

(c)

in consultation with the Head of Property Services, to finalise the terms of the sub-lease arrangements for the arts spaces at SNAC;

(d)

following consultation with the Solicitor to the Council, to establish the legal entity to manage and develop SNAC;

(e)

appoint a Board or other suitable legal entity to manage and develop the performing arts space;

(f)

to approve in principle the appointment of a Client Project Managerand Performing Arts artistic director, subject to confirmation of ACE funding, currently expected to be in July 2005;

(viii)

that the Solicitor to the Council be given delegated authority to enter into any legal documentation necessary to :-

(a)

secure the grant assistance from ACE towards the development of SNAC at NAB;

(b)

appoint the professional team to design and procure the fit out of SNAC;

(c)

grant the sub-leases of accommodation at SNAC;

(d)

establish the legal entity to manage and develop SNAC;

(e)

appoint a Board or other suitable legal entity to manage and develop the performing arts space; and

(f)

complete any neccesary documentation relating to the subleases and to the creation of the management company.

REASONS FOR THE DECISION

Without the actions recommended above the scheme for new arts facilities at Northern Above Bar cannot be progressed, and the opportunity to redevelop this site in line with the Local Plan may be lost. The SNAC development will contribute to the growth of the cultural life of the city, the enhancement of the City’s position as a centre for arts and culture, and to the regeneration of Northern Above Bar.

DETAILS OF ANY ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Not pursuing the project as a consolidated scheme was rejected, as the scheme could not be progressed, and, therefore, the success of the council’s third Development Plan submission to Arts Council England Lottery (ACE Lottery) would be jeopardised.

OTHER RELEVANT MATTERS CONCERNING THE DECISION

The following relevant matters not contained in the report were considered when making the decision:

None

CONFLICTS OF INTEREST DECLARED AND DISPENSATIONS GRANTED

* The decision-maker(s) did not declare a personal or prejudicial interest in the

Matters set out in the report.

SIGNATURE OF DECISION MAKER OR PERSON PRESIDING AND PROPER OFFICER

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Decision Maker or Person Presiding

Cllr A Vinson

Dated:

24th Jan 2005

Proper Officer

Dale Sumner

Dated:

24th Jan 2005

“Proper Officer” means the Solicitor to the Council or their nominated representative. This function will usually be discharged by the Democratic Support Officer appointed to support the decision-making.

FOR USE BY DEMOCRATIC SUPPORT AND MEMBERS’ SERVICES

Call In Period

26th January 2005 to 1st February 2005

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (the decision may now be implemented)

Results of Call-in / any other comments / observations: