Agenda and minutes

The Committee is asked to appoint a Chair for the current municipal year.

RESOLVED

Councillor Alexander Sanderson was unanimously agreed as Chair of the Committee for the remainder of the municipal year 2019-20.

To approve the minutes of the meeting held on 29^th January 2020.

The Chair asked for an update on the 2018-19 accounts. Carmen Lomotey, Advisor to the Trust explained that the main outstanding requirement was that the budget for 2020/21 be approved by the Trust Committee before the accounts could be signed off by the Auditors. The Chair noted that it was important to put some measures in place to ensure that 2019/20 accounts were submitted on time. 

The Chair said that there had been a history of concerns relating to legionella running through the taps at the Linford Christie Stadium. She asked if there had been another flare up during Covid-19. In response Stephen Hollingworth, Advisor to the Trust explained that since the Covid-19 lockdown, the stadium water was drained to avoid any issues. Furthermore, tests would be carried to ensure that the water was safe to use again.

The Chair asked for an update on the Secret Cinema and whether this had been put on hold. Stephen Hollingworth explained that there had not been any progress on this as most of the events industry had been furloughed due to Covid-19. Discussions would commence as soon as the industry was back in circulation.

RESOLVED

The minutes of the previous meeting were agreed as a correct record.

There were no apologies for absence.

If a Councillor has a disclosable pecuniary interest in a particular item, whether or not it is entered in the Authority’s register of interests, or any other significant interest which they consider should be declared in the public interest, they should declare the existence and, unless it is a sensitive interest as defined in the Member Code of Conduct, the nature of the interest at the commencement of the consideration of that item or as soon as it becomes apparent.

At meetings where members of the public are allowed to be in attendance and speak, any Councillor with a disclosable pecuniary interest or other significant interest may also make representations, give evidence or answer questions about the matter.  The Councillor must then withdraw immediately from the meeting before the matter is discussed and any vote taken.

Where Members of the public are not allowed to be in attendance and speak, then the Councillor with a disclosable pecuniary interest should withdraw from the meeting whilst the matter is under consideration. Councillors who have declared other significant interests should also withdraw from the meeting if they consider their continued participation in the matter would not be reasonable in the circumstances and may give rise to a perception of a conflict of interest.

Councillors are not obliged to withdraw from the meeting where a dispensation to that effect has been obtained from the Audit, Pensions and Standards Committee.

There were no declarations of interest.

To note and approve all matters in the report.

Richard Gill, Advisor to the Trust, presented the report.

HS2 Bill Alternative Ecological Mitigation

Richard Gill noted that there was a legal agreement between the Council and HS2 which sets out the Alternative Ecological Mitigation (AEM) works agreed as an alternative to the original plans set out by HS2. It was recommended that the Trust Committee approved an option for the AEM master plan as set out in paragraph 2.13 of the Manager’s report. It was highlighted that the Friends of the Scrubs were not happy with some of the items included within the masterplan.

The Chair asked if members had any views on which of the 3 options, they felt were preferable.

Stephen Waley-Cohen, Co-opted Member requested that a subgroup meeting be arranged so that a revised masterplan could be brought to the Trust Committee for immediate approval. Stephen Waley-Cohen was also happy to attend the subgroup meeting as a representative of Friends of the Scrubs.

Members agreed with this suggestion and noted that certain key aspects needed to be reviewed via a subgroup meeting before the final plan could be approved.

The Chair agreed that option 3 - to request a revised masterplan, with the need of an urgent subgroup meeting would be the most appropriate way to proceed.

Action: Richard Gill

HS2 – Compensation Code Temporary access to Trust Land

Richard Gill explained that the planned re-route of the Stamford Brook sewer through the northern section of Wormwood Scrubs had now been confirmed and possession of some of the land was required. Some of the land would also need to be cleared for construction works. It was noted that the Trust was recommended to request H&F officers to appoint a specialist surveyor and legal advice to submit claims for disturbance and compensation for the proposed HS2 works on the Trust land. The specialist advice would be responsible for negotiation of the final terms of compensation and disturbance and advice on reinstatement works.

Stephen Waley-Cohen asked whether it would be possible to remove some of the over grown bramble, along the route as part of the works. Richard Gill said that this could be put forward to HS2. He explained that some of the large trees would also be removed as part of the works and the Trust needed to be made aware that this could lead to public complaints.

Stephen Waley-Cohen requested that the website be updated, and good signage be placed along the route explaining the reasons why these works were being carried out.

Action: Richard Gill

Councillor Belinda Donovan asked if the trees that were being removed could be replaced after the works were carried out. Richard Gill said that damages, caused by installing the sewer route would be replaced, by HS2 and this had been agreed in principle.

The Committee agreed for H&F officers to appoint a specialist surveyor and legal advice for temporary HS2 access onto Trust land.

Kensington Aldridge Academy

Richard Gill noted that the Trust was asked to recommend  ...  view the full minutes text for item 5.

The Committee is asked to noted the contents of this report.

David Burns, Advisor to the Trust, presented the report and noted that the Trust Committee  had approved the procurement of consultants to deliver an outline case on the options for Linford Christie Outdoor Sports Stadium. The consultants had completed the initial strategic outline business case and had moved onto the outline business case. They would complete their work in August ready for submission to the Trust Committee in September.

The Chair asked who had been consulted to feed into the business case. David Burns noted that many people and organisations had been consulted, including Members of the Committee and Advisors to the Trust. A full list of who had been consulted would be circulated to the Committee after the meeting.

Councillor Helen Rowbottom asked when the Charity Commission guidelines would be available for the Committee to review. In response David Burns said that some written guidance was available and had been circulated at previous meetings. This would be sent to Councillor Rowbottom. An updated version of the guidelines would also be provided to the Committee before the next meeting.

Action: Dave Burns

RESOLVED

The Committee noted the report.

This report recommends that the Trust Committee agree a number of actions in order to put the Trust on a transparent and firm footing, allowing it to make decisions in an appropriate way in the future.

David Burns, Advisor to the Trust, summarised the report and noted that the work on establishing a business case for decisions around Linford Christie Stadium had brought to the Council’s attention, in its role as Corporate Trustee, a number of factors around the ownership of land and property, management arrangements, finance, and governance of the Trust and the Trust Committee. The Trust was in fact the owner of the Linford Christie Stadium and the associated pitches, and that it is responsible for all income and expenditure associated with it. In addition, the governance arrangements needed to be updated so that an appropriate scheme of delegation was in place. Furthermore, the Trust Committee should consider how it could make appropriate decisions in all areas where the Council as corporate body has a financial interest and at the same time effectively manage any conflicts of interest. It was recommended that the Trust Committee noted all matters in the report and agreed with the development of this strategy

David Burns noted that the draft scheme of delegation (Appendix 1) had been updated and clearly sets out the procedure of delegation and provided transparency around the budget available to the Trust. In addition, the legal advice received, recommended that conflicts of interests were managed properly as part of the review of the governance arrangements.

Members noted that this was a good opportunity, however asked for further clarification to be provided on the Council’s intention as part of this process. In response David Burns explained that this was mainly driven by the legal advice received. There was also an opportunity to provide the Trust with a clear structure on how it delegated to H&F officers transparently. This would also ensure that the correct governance arrangements were in place so that the Trust could make strategic decisions in a more appropriate way. This scheme would be developed over time in consultation with the Committee and interested parties.

Miriam Shea - Co-opted Member, requested that a detailed breakdown of the income and costs associated with the running of the Linford Christie Stadium be provided to the Committee. David Burns said that the Council fully intended to provide these details and the Trust would be free to make decisions from a historical management standpoint. In addition, we would need to navigate this process given the role of the Council as the corporate trustee and corporate body.

Members asked if the Trust needed to obtain their own legal advice. David Burns noted that the Council as the role of the corporate trustee was taking legal advice for the benefit of the Trust Committee.

Miriam Shea said that the scheme of delegation for the Linford Christie Stadium seemed to be restricted and this needed to be much broader. David Burns said that the wording would be update and recirculated to the Committee.

The Chair requested that the legal advice be circulated to the Committee.

Action – David Burns

RESOLVED

-        The Committee noted the proposed scheme of delegation, the  ...  view the full minutes text for item 7.

The Chair noted that she had received a large number of concerns in relation to the usage of drones on the Scrubs so this may need to be reviewed at a future meeting.

Action: Stephen Hollingworth