Agenda, decisions and minutes

The Leader welcomed everyone to the virtual meeting.

There were no apologies for absence.

Advice was obtained concerning declarations of interests.

It was noted that 

·         1.  PCC is the shareholder and owner of Ravelin Hold Co and Ravelin Hold Co is the sole shareholder of Ravelin Property.

·         2. The Directors of Ravelin Hold Co and Ravelin Property are all officers of PCC, including the Assistant Director of Property and Investment who specified his interest and did not participate in this item

·         3. Members' involvement is via a Shareholders Committee (the constituent Members hold no shares and act as shareholder representatives).

As such the Members do not have a DPI under the Code of Conduct (no beneficial or share holding interest).  At most Members have a personal interest that merely needs disclosing on the basis that at its widest it might be the case that as a member of the Shareholder Committee when exercising that function it may impact upon the function of one of the Companies

Personal interests were declared accordingly.

In view of the contents of the following items on the agenda the Committee is RECOMMENDED to adopt the following motion:

“That, under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following item on the grounds that the appendices to the reports contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972"

The public interest in maintaining the exemption must outweigh the public interest in disclosing the information.

Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2012, regulation 5, the reasons for exemption of the listed appendices are shown below.

(NB the exempt/confidential committee papers on the agenda will contain information which is commercially, legally or personally sensitive and should not be divulged to third parties. Members are reminded of standing order restrictions on the disclosure of exempt information and should dispose of the papers as confidential waste on the conclusion of the meeting.

Item                                                                                        Exemption Para No.*

4. Land at Arundel Street

(Exempt Appendix B only)                                                          3

5. Melbourne Place and Dorothy Dymond

(Exempt appendices A and D only)                                          3

6.  Madani Academy Portsmouth Ltd

(Exempt report and appendix)                                                   3

*3. Information relating to the financial or business affairs of any particular person (including the authority holding that information)

DECISION:

The confidentiality of Appendix B - Land at Arundel Street

Appendices A and D - Melbourne Place and Dorothy Dymond report

and

Madani Academy Portsmouth Ltd report and appendix A

was upheld

DECISION

The Leader decided that under the provisions of Section 100A of the Local Government Act, 1972 as amended by the Local Government (Access to Information) Act, 1985, the press and public be excluded for the consideration of the following items:-appendix B of item 9, appendices A and D of item 10 and the report and appendix of item 11 - on the grounds that the reports contain information defined as exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.

An agreement was reached that the meeting would continue in open session for as long as nobody wished to discuss any of the exempt items.

Purpose

This report sets out the proposed transfer of the land at 56 Arundel Street to the Council's arm's length development company Ravelin Housing Ltd, to undertake the proposed redevelopment of the site.

RECOMMENDED

The Leader approves and authorises that;

2.1      Subject to the approval of a Business Case by the S.151 Officer and the Director of Finance for residential redevelopment by Ravelin Housing Ltd;

2.1.1   The Freehold of the land known as 56 Arundel Street (identified on the plan at appendix A) be transferred to Ravelin Housing Ltd for the consideration detailed in this report.

2.1.2   In accordance with section 122 of the Local Government Act 1972, appropriate the land for such statutory purpose as necessary to deliver the proposedredevelopment, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016.

2.2         The City Solicitor be authorised to complete the necessary documentation to complete 2.1 above.

The Leader approved and authorised that;

2.1      Subject to the approval of a Business Case by the S.151 Officer and the Director of Finance for residential redevelopment by Ravelin Housing Ltd;

2.1.1   The Freehold of the land known as 56 Arundel Street (identified on the plan at appendix A) be transferred to Ravelin Housing Ltd for the consideration detailed in this report.

2.1.2   In accordance with section 122 of the Local Government Act 1972, appropriate the land for such statutory purpose as necessary to deliver the proposedredevelopment, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016.

2.2         The City Solicitor be authorised to complete the necessary documentation to complete 2.1 above

Anne Cains introduced the report.

A discussion took place about the cost per unit as with the right to buy scheme a buyer could buy at a discounted rate leaving the debt to the Council. The Leader said although he hoped that the cost per unit would fall substantially, there was still likely to be a debt to the Council.  However, it was necessary to take steps to revitalise the area and this may further unlock the site for future development. 

DECISION

The Leader approved and authorised that;

2.1      Subject to the approval of a Business Case by the S.151 Officer and the Director of Finance for residential redevelopment by Ravelin Housing Ltd;

2.1.1   The Freehold of the land known as 56 Arundel Street (identified on the plan at appendix A) be transferred to Ravelin Housing Ltd for the consideration detailed in this report.

2.1.2   In accordance with section 122 of the Local Government Act 1972, appropriate the land for such statutory purpose as necessary to deliver the proposedredevelopment, and to authorise the overriding of such easements, rights, or other adverse matters burdening the land, where that is needed to deliver the scheme, in reliance on section 203 of the Housing and Planning Act 2016.

2.2         The City Solicitor be authorised to complete the necessary documentation to complete 2.1 above

Purpose

This report sets out the proposed property opportunities available to the Council working with the University of Portsmouth (UOP).

The Council and the UOP have agreed Heads of Terms for the Council to potentially purchase the Melbourne Place carpark from the UOP whilst simultaneously disposing of the Dorothy Dymond (also known as Guildhall Walk) carpark to the UOP. The Heads of Terms are attached at the confidential appendix A.

RECOMMENDED

The Leader is recommended to give delegated authority to the Director of Regeneration, on the advice of the City Solicitor, to negotiate and complete acquisitions and disposal of Melbourne Place and Dorothy Dymond carparks.

DECISION:

The Leader gave delegated authority to the Director of Regeneration, on the advice of the City Solicitor, to negotiate and complete acquisitions and disposal of Melbourne Place and Dorothy Dymond carparks subject to consultation before sign off with the four Group Leaders about the details of the overage provision.

Tom Southall introduced the report explaining that essentially this represented a land swap. During discussion concerns were raised that this represented the council giving up an income stream but this could be offset given the future development opportunities for Melbourne Place. The report was seeking in principle agreement and details concerning overage would be the subject of negotiation.

It was agreed to add in extra wording to the decision so that there would be consultation before sign-off with the 4 group leaders about the details of the overage provision

DECISION:

The Leader gave delegated authority to the Director of Regeneration, on the advice of the City Solicitor, to negotiate and complete acquisitions and disposal of Melbourne Place and Dorothy Dymond carparks subject to consultation before sign off with the four Group Leaders about the details of the overage provision.

EXEMPT REPORT

Purpose

To note the current position of the school and seek approval to the surrender and re-grant of a new lease to The Madani Academy Portsmouth Ltd on the terms set out in this report.

RECOMMENDED

2.1           That the Leader notes the current position as outlined in the exempt report

2.2         That the Leader approves and authorises;

2.3         That the Leader Subject to the Madani Academy Portsmouth Ltd settling all business rates arrears prior to entering into a new lease; that the Council accept a surrender of the existing lease and simultaneously grant a new lease to the Madani Academy Portsmouth Ltd on the terms set out in this report.

2.4               The City Solicitor be authorised to complete the necessary documentation to enact the transaction.

DECISION:

2.1       That the Leader noted the current position as outlined in the exempt report

2.2       That the Leader approved and authorised;

2.3       That the Leader Subject to the Madani Academy Portsmouth Ltd settling all business rates arrears prior to entering into a new lease; that the Council accept a surrender of the existing lease and simultaneously grant a new lease to the Madani Academy Portsmouth Ltd on the terms set out in this report.

2.4      The City Solicitor be authorised to complete the necessary documentation to enact the transaction

Members did not wish to discuss the report and appendix in exempt session as they had read and considered the report and the recommendations.  They had no comments or questions and were in agreement with the recommendations.

DECISION:

2.1       That the Leader noted the current position as outlined in the exempt report

2.2       That the Leader approved and authorised;

2.3       That the Leader Subject to the Madani Academy Portsmouth Ltd settling all business rates arrears prior to entering into a new lease; that the Council accept a surrender of the existing lease and simultaneously grant a new lease to the Madani Academy Portsmouth Ltd on the terms set out in this report.

2.4      The City Solicitor be authorised to complete the necessary documentation to enact the transaction