Agenda item

The Committee considered the undernoted report:

 

“1.0    Relevant Background Information

 

1.1       The purpose of this report is to;-

 

(i)     remind Committee of the main conclusions from the review of Facility Management Agreements (FMAs);

 

(ii)   present a draft Policy in relation to the use of Council playing fields  and associated documentation for review and comment;

 

(iii)introduce Phase 1 of a draft Framework for in the form of ‘Agreements for Use’; and

 

(iv)seek Committee authority to take the next steps as outlined in section 2.5.

 

1.2    Members will be aware that a review of Facility Management Agreements began in April 2011, the findings of which were presented at a Members workshop on 19 December 2011.

 

1.3    Prior to this workshop in November 2011, Committee received a request from a sports club for an FMA for a pitch on a multi-pitch, multi code playing fields site, in return for some investment in and around the pitch.  This request was deferred on the advice of the Town Solicitor and Assistant Chief Executive who advised that a framework and set of criteria should be developed against which all requests coming from sports clubs / organisations could be assessed on a consistent basis.

 

1.4    At the workshop in December 2011 Members clearly acknowledged that the FMA review demonstrated that a fundamental revision was needed going forward and that developing a revised proposal would be a complex issue, the details of which needed further more in-depth consideration.

1.5    Officers continued to work on the development of a consistent approach and scoring criteria against which requests could be assessed and Party Briefings took place from February to April 2011.  At these briefings an FMA review paper including a scoring matrix was discussed and the feedback from Members was generally that a consistent approach would be necessary and that the scoring matrix would be a useful tool to assess requests from clubs to the Council on a consistent basis. More details on the findings from the FMA review and the Committee decision trail relating to FMAs has been forwarded to the Committee.

 

         Over the last year the Council context has also changed and this draft policy reflects the environmental and governance changes, the principles of the Investment programme, the Local Investment fund and the evolving area working and project management boards. Throughout the FMA review period Committee has continued to consider individual requests from FMA holders or for new FMAs and there is a growing need for an arrangement which will allow the council the flexibility to react to demand within the city as well as to honour new or emerging commitments made as part of the Community Capital project funding operated by Sport NI or emerging LIF / BIF projects.

 

         This report proposes a way forward for a replacement agreement – an “Agreement for Use”.  This is the first phase of an evolving approach looking at how we manage our assets based on the outcomes the Council needs to achieve from the particular asset.  At this stage the proposal relates to Parks and leisure grass pitches and pavilions. 

 

2.0    Key Issues

 

2.1    Historically the Council has taken a reactive approach to the implementation of partnership agreements which has resulted in there being a variety of types of arrangements in place. Currently these are in the form of FMAs, leases, licence agreements, funding agreements, project management agreements and “out of hours use” agreements – and are agreements for both “service provision”, individual club use and agreements over land (leases).

 

 

 

 

 

 

 

2.2    Scope of the Proposal: Balancing InterestsIt is important that any future arrangement between the Council and a sporting organisation or club seeks to maximise the use of the facility (for both partner organisation / club and the local community) as well as providing safeguards around public access.  Indeed the purpose of such arrangements is to  “add-value” from a Council perspective – either through appropriate physical improvement of the facility OR through engagement in “active” development programmes (in partnership with the Council), which will encourage participation and use of the asset. 

 

2.3    The new proposal needs to find a balance between preserving the best interests of public access versus the level of ‘dedicated use’ required by sporting organisations for competitive play.

 

2.4    At present there are 3 “levels of use” of playing pitch sites namely:

 

1.     Public Use; - book and pay as you go, through Outdoor leisure bookings line/ system

 

2.     Dedicated use (club and competition use at amateur, intermediate or international equivalent level) – block-booked at a specific point each year via Leagues

 

3.     Private use (use by a single club / organisation under an FMA, lease or similar agreement)

 

2.5    A draft policy entitled ‘Parks and Leisure playing pitches Agreements policy’ is attached, which outlines a framework for a revised type of agreement which will allow the department to develop and improve the use of the pitch assets through partnership working. 

 

         In particular the draft policy proposes a mutually beneficial arrangement  [Agreements for Use] which are scoped to accommodate the requirements of the wider sporting community for dedicated use of sites during competitive play periods but with  safeguards around  public use in part through a sports development plan for the site.

 

2.6    Assessment of requests / applications for new  style agreements

 

         Where applicants are bringing investment or physical improvement to the asset, the new arrangement will provide a level of “bookings assurance” (dedicated slots booked for their use,  but not exclusive use) depending on their competition play requirements and an assessment of their application against draft assessment criteria and weightings as follows:-

·        Participation (20);

 

·        Partnership Working (20);

 

·        Demonstration of Social Value through Activity Programming (20);

 

·        Level of site management (10);

 

·        Strategic Fit (10);

 

·        Applicant’s governance and management structure (20).

 

         It is proposed that an additional criterion would be applied for applications which include capital investment, which would count for 30% of the overall score for these projects.  This would be;-

 

·   Amount of Capital Investment / Affordability for Council

 

2.7    This approach will replace existing FMA arrangements and will continue to be developed (in conjunction with officers across the Council departments).

 

         It is proposed that the existing Support for Sport funding scheme will be further enhanced and that any future financial support would be provided to those clubs / organisations based on their application and an assessment of it against the draft assessment criteria.

 

2.8    Agreements for Use

 

         “Agreements for Use” will be developed to support the Council’s vision of an Active Belfast and to promote better delivery through partnership working. The rationale behind the changes proposed is to specifically ensure that the Council can still provide open space (accessible to all) whilst also making better use of the downtime on playing pitch sites through dedicated sports development plans.

 

         In summary ‘Agreements for Use’ will:

 

·        be managed through an enhanced Support for Sport grant aid;

 

·        through a publicly advertised application process be open to all sporting clubs with a majority of members residing in Belfast city;

 

·        be available for up to 5 years or as an external funder may require; (further discussions with key funders will be required in order to refine the level of agreements around land entitlement / ownership);

 

·        Applications will be assessed against the proposed criteria;

 

·        operate a sliding scale of financial awards and apply the relevant terms and conditions of award (still to be developed);

 

·        ensure public access is safeguarded;

 

·        be renewable;

 

·        include a sports development plan which focuses on wider community involvement in activities onsite;

 

·        still allow competition play on sites by agreement holders or other teams as organised by the governing body or leagues.

 

2.9    The Council will maintain and replace the physical fabric of the sites including all pitch and pavilion maintenance.   All bookings related to them will operate on a first come first serve basis and in agreement with the umbrella leagues/ codes.

 

2.10  The Council will support applicants to apply for grant aid to support sports development plans for its sites and assure competition use as detailed by the governing body or requirements detailed and paid for by the club.

 

2.11  No pitch/pavilion hire fee will be charged for sports development activities outside of the competitive play carried out by the applicant.

 

2.12  Pitch stock

 

         Agreements for Use are for standard grass pitches only. Where an applicant is seeking to secure a 3/4G pitch on an existing grass pitch site it is proposed that a different business model would be required due to the difference in play-able time and income which could be generated from this type of asset.

 

 

 

2.13  Operational requirements to develop and implement the policy

 

         It has taken 12 months for the concept of ‘Agreements for Use’ to be developed to this point. The next stage is planning the operational implementation of it which is likely to require a further year. If Members agree the new policy direction the next phase is to operationally plan how it will be best implemented  In the next months officers will need to progress the following areas of work to prepare for implementation;-

 

·        Financial assistance – adapting grant aid and refining the assessment criteria and matrix;

 

·        Managing and monitoring partner arrangements

 

·        Site Management - technical support required

 

·        Access and availability of assets and services – Bookings terms and conditions; schedule of charges; public access safeguards ; site assurance terms etc;

 

·        Integrating maintenance back into Parks and Leisure schedule;

 

·        Finalising and completing the engagement approach;

 

·        A transition plan including a notice to terminate all existing FMA holders

 

2.14  Outline engagement plan

 

         An engagement plan will be finalised by officers, procured and completed and a Committee update will provided in March / April 2013. Following the engagement exercise officers will have full and final comment on the draft policy and implementation plan.  Engagement will be carried out with sporting codes and leagues along with a wider range of organisations at all levels. There will be initial engagement with existing FMA holders due to the impact the co-ordinated approach has on their circumstance.

 

2.15  Existing FMAs

 

         Existing FMAs will be served notice of 1 and it is proposed that this notice would be served following Member approval of the proposed next steps. Two current FMAs will continue to run in their current form until the expiry of their existing legal agreement. [Clarendon Playing Fields; October 2015 and Musgrave Playing Fields; September 2029].

         Current FMA holders may however apply for an ‘Agreement for Use’ from the Council as outlined.  Additional support will be available to transform existing FMA holders over the next year in preparation for the new approach. It is likely that Members may be approached by interested parties due to the proposed changes in these arrangements however it is proposed there is a transition year with dedicated support for FMA holders to apply to the new grant aid scheme open to the wider sporting community.

 

2.16  Proposed Next Steps

 

         The critical next steps which officers will be progressing in the next 6 months are;-

 

·        Meaningful and ongoing communication and engagement with all stakeholders;

 

·        Required changes in operational arrangements to support the new policy completed;

 

·        Managing existing FMA and other arrangements to a close and phasing to new approach were suitable;

 

·        Finalising the policy and associated arrangements for implementation in 2013/14 business year.

 

3.0   Resource Implications

 

3.1    Financial

 

         Existing FMA payments will be re-distributed in the form of grant aid for “active” sports development plans.  The total figure for this has not yet been defined.

 

3.2    Human Resources

 

         Ongoing officer time from a range of officers across the department will be dedicated to implementation and ongoing management in the medium to long term.

 

         Legal services support and advice from Estates and Property / Projects will also be a requirement during the next stage.

 

3.3    Asset and Other Implications

 

         Resource is required for the engagement exercise and this is anticipated to form part of an already agreed research services budget.

4.0    Equality Implications

 

4.1    The proposed revised approach will be screened in line with the council’s existing equality screening process.

 

5.0    Recommendations

 

5.1    Members are asked to:

 

(i)     note the update provided;

 

(ii)   review and comment on the draft Parks and Leisure playing pitches  agreements policy, assessment criteria  and associated documentation

 

(iii)authorise officers to continue with the next steps as outlined in section 2.16  subject to any amendments proposed and continued progress reports being brought back to Committee at key stages in the process.

 

PARKS and LEISURE PLAYING PITCHES

AGREEMENTS POLICY

 

         Purpose:

 

         This policy provides a framework to promote, monitor and evaluate the Parks and Leisure department’s commitments through partnership working to develop use of its playing pitch sites.

 

         It provides an outline of how the department will support mutually beneficial partnership arrangements and balances public access with dedicated use e.g. sporting organisations across all playing pitch sites.

 

         The council seeks to promote an Active Belfast supported by assets which are contemporary and fit for purpose and being used to their full potential.

 

         Policy objectives:

 

         This policy details how the department will promote, monitor and evaluate its commitments to mutually beneficial partnership working to develop use of its playing pitch sites. The specific objectives are to:

 

1.     Provide a departmental framework for working with sporting organisations and clubs and;

2.     Develop the management approach for dedicated use by not for profit sporting organisations of sites while safeguarding  public use;

 

3.     Implement ‘agreements for use’ through enhanced Support for Sport grant aid;

 

4.     Develop site based sports development plans;

 

5.     Provide quality dedicated space for competitive sporting play.

 

         Context:

 

         The department currently has three main types of use on playing pitch sites. These are described for the purposes of this policy as:

 

Category  of use	Purpose	Management arrangement	Methods of engagement
I.          Public use	One off activities or matches.	Booking system and terms and conditions	Telephone contact Written contact User meetings
II.          Restricted public use	Competitive play at ·        amateur, ·        intermediate or ·        international level (as appropriate to the type of sport). Often block bookings made	Agreements for use	Management boards/ fora League/ code meetings Park manager site meetings Telephone contact Written contact
III.          ‘Private’ use controlled by  club or applicant	Private activities e.g. by private members clubs	Lease	Written contact Telephone contact

 

         This policy focuses on those council owned sites where existing and/or future arrangements may result in restrictions being placed on public use and in particular outlines a method for working with sporting organisations and clubs with a view to more appropriately managing the sites falling within Category II on the above table.

 

         Sites which remain open for public use on a first come, first served, basis will continue to be managed through the agreed booking terms and conditions. 

 

         Existing sites which are leased to sporting clubs will continue to be controlled by the club and managed in accordance with the terms of the legal arrangements in place.

 

         Restricted public use:

 

         For the purpose of this policy ‘restricted public use’ is defined as any regular play by a sporting organisation booked on an annual basis on a council site. At present it is mainly competitive play which falls into this category and both the definition and the policy will be reviewed regularly to ensure it remains relevant to the patterns of use.

 

         Management of restricted public use:

 

         The arrangements for restricted public use will be managed through a legal agreement entitled ‘Agreements for Use’. Agreements for  Use operate on a not for profit basis and will be open to any sporting organisation which can meet the eligibility and assessment criteria and where there are sites available to integrate their sports development plan into site management and delivery. Where demand becomes greater than the number of sites available the council may consider joint club/ team partnership arrangements or prioritise allocation according to the assessment scoring received for each proposal.

 

         This policy applies to all grass playing pitches.

 

         Agreements for  Use are developed to support the council’s vision of an Active Belfast and to lead its delivery through partnership working. It specifically aims to ensure the Council adhere to its statutory responsibilities of providing public open space and it seeks to use the downtime on playing pitch sites through dedicated sports development plans.

 

         The benefits of working with sporting organisations and clubs:

 

         Arrangements with external organisations must deliver a mutual benefit for the council and the organisation.

 

 

 

 

 

         In general the council will provide:

 

·     An enhanced Support for Sport grant scheme to support the delivery of sports development plans according to the scale of the project and the site;

 

·     maintenance of each site to a quality standard which covers competition level;

 

·     a fit for purpose booking system to manage bookings for all sites;

 

·     opportunities to renew agreements;

 

·     ongoing training and support opportunities through the council’s Clubmark scheme for all sports development plans;

 

·     opportunity for regular engagement with sporting organisations/clubs  on the development of provision;

 

·     opportunities to accommodate competition play on sites by agreement holders or other teams as organised by the governing body or leagues;

 

·     replace repair and renew the physical fabric of the sites.

 

         An external sporting organisation or club entering into an ‘agreement for use’ will:

 

·     Provide and complete a sports development plan of activities to improve use of the site in downtime;

 

·     Ensure public access is achievable and safeguarded as part of the sports development plan;

 

·     Man the sites including key holding duties for all activities in the sports development plan or competitive play (subject to specific legal arrangements);

 

·     Prepare the pitches for activities e.g. erect goal nets and corner flags etc

 

·     Adhere to the terms and conditions of funding and the standards of operation of the council;

 

·     Regularly meet with council staff provide and attend relevant training to develop the use and site;

 

·     Use the council’s bookings system to reserve the site for all activities and pay the appropriate hire charges to the council

 

         All agreements should ensure there is no advertising at the site without prior permission of the council.

 

         Eligibility

 

         A sporting organisation/club or consortium of organisations may apply to enter into an Agreement for Use with the council. Business organisations, individuals or statutory organisations are not eligible unless they are a partner in a social enterprise consortium. The terms of this will be set out in the relevant ‘Agreement for use’.

 

         A sporting organisation can seek an agreement for use where it proposes to provide:

 

-   enhanced use of a council playing pitch and/ or;

 

-   appropriate capital investment for a council owned asset

 

         All successful applicants must deliver an active sports development programme to meet the needs agreed in the sports development plan. The plan should include a focus on wider community involvement in activities onsite and ongoing public access;

 

         The tenure of the agreements is for up to seven years. Exceptions may be appropriate where the scale of proposed capital investment warrants same.

 

         The policy is designed to be equitable and transparent when developing partnerships and the council will monitor the level of public assets and their availability through its annual stock inspection reports and the performance reports associated with each agreement. Public access is paramount for every agreement for use developed.

 

         Exclusions

 

-   This policy does not apply to any asset which operates city wide events or activities or is a regional sporting venue;

 

-   Any 3/4g or proposed 3/4g proposals will be subject to scrutiny from a separate business model outside of this policy.

 

-   The existence of an Agreement for Use  must not preclude the council from either planning to hold events on the site or from acceding to requests from other organisations who may wish to do so;

 

-   It also excludes the City of Belfast Playing Fields which should remain in direct council control as the public playing pitch hub.

 

         Assessing applications

 

         Where an application is for the active development of a playing pitch or site this will be assessed as a grant application using a revised council’s Support for Sport grants scheme.

 

         A scoring matrix will be developed around the  new  assessment criteria and will be applied when considering any requests.    If the application is successful the future use of the site will managed through ‘agreements for use’ whether at an amateur, intermediate or international level.

 

         An operational procedure will be attached to the policy when the revised grant scheme is completed.

 

         Once an agreement is in place:

 

-   partners will have to provide written monthly updates on use from and delivery of the active development plan validated  by the site manager;

 

-   Meet the site manager on a monthly basis to discuss ongoing development.

 

-   Attend network meetings as appropriate;

 

-   Complete recommended training provided by the council or a third party to fulfil obligations;

 

         The Outdoor Leisure Unit will verify and manage all use and active development outcomes as a whole.

 

         Monitoring and evaluation

 

-   Booking reports provided and analysed on a monthly basis;

-   Monthly review meeting on the roll out of the proposal includes the active development plan by the relevant manager and the partner/s.

 

-   An annual review of the performance of social partnerships will be provided to Departmental Management Team (DMT) which is a self evaluation by the partner and an independent report from the relevant manager.

 

-   An independent evaluation on all arrangements to be commissioned by year five;

 

         Renewal

 

         A renewals process should be initiated by the partner before the sixth month of the final year of the partnership arrangement to allow handover if appropriate or smooth running of an existing partnership.”

 

            After a lengthy discussion, during which the Director of Parks and Leisure undertook to forward to Members a list of Facilities Management Agreements in place currently, including their date of expiry, the Committee adopted the recommendations.