Agenda and minutes

Apologies for absence were given on behalf of Councillor Ben Dowling, Liberal Democrat Group Spokesperson

There were no declarations of members' interests.

The Chair welcomed everyone to the meeting and said he would be happy to receive deputations from members of the public attending in the public gallery without any notice being given.

The purpose of the report is to advise the Cabinet Member of the principal terms of the proposed lease to be entered into with Ben Ainslie Racing Ltd (BAR).

RECOMMENDED that the Cabinet Member agrees

(1)  The principal terms for the lease to Ben Ainslie Racing Ltd (BAR) as set out in this report

(2)  The City Solicitor and the Director of Property be authorised to complete all legal documentation in order to give effect to the above recommendation

(TAKE IN REPORT)

The Chair invited officers to provide an update concerning the Site Plan attached to the report.

Mr Southall advised that the plan shown was the planning permission plan and indicative of demise to be granted. Site 1 would be smaller than shown, respecting rights of access and would not extend to the quay wall.

Site 2 (the parking area) shown on the map will be managed under agreement by Portsmouth City Council and public parking would be provided outside BAR operation hours. 

The Cabinet Member for PRED advised that two deputation requests had been received.

He first requested that the deputation from Mr Feltham be read out and that after each question was put, asked officers to provide an answer.

S 3.1 - Ben Ainslie Racing ltd......"to use their best endeavours to host the subsequent race in the UK, based in Portsmouth"

S 3.4 ss (13) - If BAR wins the America's Cup..."it shall use all reasonable endeavours to nominate Portsmouth as the host city ..."

The comment "to use their best endeavours" and "it shall use all reasonable endeavours" contradict each other and have different legal precedent. My question is which statement is correct?

Regardless of the answer to the question above, the tax payers of Portsmouth should realise that even if BAR win the next America's Cup there is no guarantee that Portsmouth will host the next America's Cup."

The question was answered by Tom Southall who explained that:-

The terms 'best endeavours' and 'reasonable endeavours' are used in different contexts within the report. The terms are used in the context of 'to host' and 'to nominate' which under the governance arrangements of the Americas cup mean different things. Given this arrangement we are content that this gives the City the best possible chance of hosting the event

Question 2

"Have PCC officers satisfied cabinet members that PCC cannot be forced to host the America's Cup event if in fact it is not economic for the city to do so?" 

This question was answered by the Cabinet Member for PRED, Councillor Stubbs who said he was aware that the terms of the lease do not commit the Council to host the event.

Question 3

"S 3.4 ss (3) - "..........and the rent for surfaced industrial land will become payable with immediate effect"

This is ambiguous in relation to S3.4 ss (2). Will the rent of £110,000 become payable if BAR ceases its ambition in the first 10 years  or will  the value of the rent paid be decided on market value at that time, and then become £110,000 once the 10 year period has elapsed ?"

This was answered by Tom Southall who explained that if a cessation event occurs within the first ten years then the rent payable will be equate to the rent for surfaced industrial land. It is only after ten years that the rent passing will be the greater of £110,000 or the rent payable for surfaced industrial land.  ...  view the full minutes text for item 14.

The purpose of the report is to seek approval for the disposal of the land where the Hilsea Youth Club is currently sited, to facilitate the building of the new University Technical College (UTC) for Portsmouth. The land will be disposed of via either a freehold transfer for no consideration or a 125 year lease at a peppercorn rent.

RECOMMENDED

(1)  That the Planning, Regeneration & Economic Development Portfolio Holder agrees that delegated approval be given to the Director of Property and City Solicitor to conclude either a freehold transfer or the grant of a long lease of the land currently forming Hilsea Youth Club shown cross hatched in black on the plan in Appendix 1 ("the Property") to help facilitate the building of the new UTC for Portsmouth.

(2)  That the  disposal be to either the Salterns Academy Trust or the UTC Trust as outlined in the report.

(3)  That the City Solicitor be given delegated approval to complete the necessary documentation, subject to being satisfied as to terms and any relevant legal requirement.

(TAKE IN REPORT)

Mr Paddy May introduced the report which sought approval for the disposal of the land where the Hilsea Club is currently sited to facilitate the building of the new University Technical College (UTC) for Portsmouth.  He advised that the land will be disposed of via either a freehold transfer for no consideration or a 125 year lease at a peppercorn rent.

In response to a query, it was confirmed that discussions have started with the existing users of Hilsea Youth Club to help ensure that they can access alternative provision.

DECISION:

That the Cabinet Member for Planning, Regeneration and Economic Development agrees

(1)  Thatdelegated approval be given to the Director of Property and City Solicitor to conclude either a freehold transfer or the grant of a long lease of the land currently forming Hilsea Youth Club shown cross hatched in black on the plan in Appendix 1 ("the Property") to help facilitate the building of the new UTC for Portsmouth.

(2)  That thedisposal be to either the Salterns Academy Trust or the UTC Trust as outlined in the report.

That the City Solicitor be given delegated approval to complete the necessary documentation, subject to being satisfied as to terms and any relevant legal requirement.