Agenda and minutes

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 approve the minutes of the meeting held on 18^th October 2023 as an accurate record

RESOLVED

The minutes of the meeting held on 18^th October 2023 were agreed as an accurate record.

This report presents the Wormwood Scrubs Charitable Trust Annual Trustee’s Report.

Simon Ingyon (Advisor to the Trust) presented the report and provided a brief overview of the key points arising from the Statement of Account and Trustee’s report 2022/23. It was noted that the Trust delivered a surplus for the year of £426,826. This surplus was substantially underpinned by the additional income from the Kensington Aldridge Academy’s occupation of the Scrubs. The Trust continued to maintain grounds and maintenance management of the Scrubs in preservation of the Trust’s charitable objective.

Stuart McKay (MHA) provided a summary of the Audit Findings report for the year ended 31st March 2023, noting the following key points:

•         The nature and the scope of audit work we have undertaken.

•         Views about the qualitative aspects of the Trust’s accounting practices and financial reporting.

•         Unadjusted and adjusted misstatements

•         Matters specifically required by Auditing Standards to be communicated to those charged with governance (such as fraud and error)

•         Expected modifications to the Auditor’s report.

•         No material weaknesses found in the accounting and internal control systems.

•         Any other relevant and material matters relating to the audit.

The Chair thanked Stuart McKay and the Team for putting together an accurate set of accounts for the audit. She requested that a picture of the Scrubs be included at the front of the Audit Findings Report in future.

Action: Nicholas Falcone and Osama El-Amin

RESOLVED:

That the Committee:

-         Approved the Trustee’s Annual Report, attached as Appendix A.

-         Approved the 2022/23 financial accounts for Wormwood Scrubs Charitable Trust, incorporated as part of the Annual Report (Appendix A to the Annual Report).

-         Approved the management representation letter (attached as Appendix B).

-         Noted the contents of the annual risk assessment (contained in the Trustee’s report on page 14).

-         Noted that the accounts remain subject to change until the final audit opinion is issued and to delegate authority to the Assistant Director Parks and Leisure, in consultation with the Chair of the Committee, to approve any changes to the 2022/23 Financial Accounts, Annual Report and the management representation letter required as part of the finalisation of the audit process.

HS2 – Future of the UTX site

Osama El-Amin (Trust Manager) provided an update and noted that in 2021, HS2 placed a compulsory purchase order on the land known as the UTX site under the HS2 Act 2017. Since acquisition, the Trust had engaged with external legal support to understand the options around the future of land ownership and the terms of a potential compensation claim. Several approaches via legal representation since 2021 to HS2 had yet to provide any clarity on the future of the site. The Trust Manager, under instruction from the Committee Chair had begun the process of engaging the Council’s leadership team to establish an agreement on the future of the UTX site with HS2. A formal letter would be sent to HS2 in due course.

BBVS (HS2 contractor) had requested the creation of an exclusion zone adjacent to the UTX site. This zone was required as a safety precaution to facilitate the diversion of BT services within the UTX site.

Since the land where the temporary exclusion zone was required was not vested by HS2 and therefore access to this space was contingent on the Trust approving a licence. This Committee was asked to note that unless HS2 were willing to enter into an agreement on the future of the UTX site, a license would not be issued to grant the temporary exclusion zone.

Stephen Waley-Cohen (Co-opted Member) noted that HS2’s refusal to engage with the Trust on its position of requiring the land at nil premium was unsatisfactory. He was fully supportive of the approach taken by the Trust Manager at the request of the Chair and requested that members were kept updated on HS2’s response.

Faye Thomas (Co-opted Member) enquired when would BBVS like the works for the exclusion zone to commence. In response Osama El-Amin noted that BBVS would like to conduct their work immediately. The exclusion zone was required from mid-January to early March for approximately 6 weeks.

The Committee noted the update.

AEM Masterplan planning and procurement timeline update

Vicki Abel (Advisor to the Trust) presented and updated the Committee on the Programme for the Alternative Ecological Mitigation Masterplan regarding Procurement and Planning timelines.  Updates were provided on detailed draft proposals, the planning application, tender package, and hard landscape works. It was noted that the Planning application would be submitted on the 19^th January 2024.

The Chair thanked Vicki Abel for the timeline, noting that it was useful to see all the key elements mapped out.

The Committee noted the update.

Lesters Embankment

Vicki Abel, (Advisor to the Trust) provided an overview and noted that quotes were being obtained to procure infill panels for the chain-link fence along Lesters Embankment.  Access would be needed for contractors to undertake maintenance , including for machinery that may be needed for work on the embankment. This fencing work was likely to take place in January 2024, pending a cost assessment once quotes were obtained.

Osama El-Amin noted that he had raised a  ...  view the full minutes text for item 5.

To note the date of the next meeting:

·       6 March 2023

The Committee noted the date of the next meeting scheduled to be held on 6^th March 2024