Agenda item

            The Committee considered the undernoted report:

“1.0     Purpose of Report or Summary of main Issues

1.1       Upper Ardoyne Youth Centre has become vacant and the former occupier Upper Ardoyne Youth Centre Limited (UAYC) has dissolved.  The Council owns the land and had entered an Agreement for Lease with the former UAYC although the lease was never executed.  This report seeks approval to take possession of the Youth Centre and bring it into operational Council use.

1.2       At Committee on 12 September 2017 this item was referred to the North Area Working Group (NAWG) for consideration.

2.0       Recommendations

2.1       Committee is asked to:

·        Agree to terminate the Agreement for Lease to take possession of the property, subject to approval from SP&R Committee and further subject to the funder providing formal confirmation that it does not wish to exercise step in rights.

·        Agree to bring the property into operational use by the Council subject to assessment of condition and need – consideration of the purpose/use to be further considered by the NAWG in the context of wider area needs as discussed at the NAWG meeting of 27 September 2017 taking into account other known facility needs such as Hillview Boxing Club.

·        Members are asked to note that in this context it was agreed by the NAWG on 27 September 2017 that the Hillview Boxing Club proposal for Finlay Park be recommended to the Strategic Policy and Resources Committee for support of £400k Belfast Investment Fund (BIF) and that the Ardoyne Youth Pavilion be brought back into Council ownership for use.

3.0       Main report

            Key Issues

3.1       Upper Ardoyne Youth Centre is situated off Alliance Drive, on Council owned land at the south east of Ballysillan Playing Fields. 

3.2       The Council entered into an Agreement for Lease with UAYC on 25 October 2007 to facilitate construction of a Community Centre and Community Garden. The Company constructed the Youth Centre which comprises a single storey brick built building laid out to provide partitioned meeting room, office, youth room and ancillary facilities, together with external yard space and grassed area. On completion of the building issues arose with regard to rental and the Lease did not complete, however, the Company occupied the premises for a number of years.  The Company was dissolved on 26 July 2013 and the property is currently unoccupied. 

3.3       We have obtained legal advice which confirms that under the terms of the Agreement for Lease the Council may terminate the arrangement and take back the property, (unlike some situations in seeking to recover a property from a dissolved company it is not necessary to liaise with the Crown Solicitor’s Office as the Agreement for Lease contains provision for termination in the event that the Lease is not granted).  Recovering the property would be subject to the funder not opting to exercise step in rights.

3.4       The former UAYC had obtained Urban II funding through the former North Belfast Partnership (NBP).  Under the terms of the Agreement for Lease the Council would require to offer the funder the opportunity to take an assignment of the Agreement for Lease and complete the lease with the Council. The Department for Communities (DFC) as successor to NBP has however already given an initial indication that they would not be interested in taking on the lease.

3.5       In terms of future use it is proposed that it be brought into operational use by the Council subject to a condition survey and assessment of need in the area, with the purpose to be agreed through the North Area Working Group.    

3.6       The NAWG considered this item at its meeting on 27 September 2017 in the context of facility needs in the wider area and other known needs such as the requirement of Hillview Boxing Club.  In this context members of the NAWG agreed to support bringing the property into Council ownership and operational use and to recommend to the Strategic Policy and Resources Committee funding of the Hillview Boxing Facility with £400k of BIF funding.

3.7       A further report will be brought to Committee in terms of condition and future use.

Financial and Resource Implications

3.8       Resource is required from Legal Services, Estates Management Unit and City and Neighbourhoods officers in connection with taking possession.

Revenue and resource costs in terms of staff resource and ongoing property costs will need to be reviewed in the context of condition and operational use.

Equality or Good Relations Implications

3.9       No equality or good relations implications.”

            The Committee adopted the recommendations within the report.