Agenda item

The Leader advised that a Deputation request had been received from the Hornsey Town Hall Appreciation Society in relation to item 15, Preferred Bidder to Secure the Future of Hornsey Town Hall, and invited Mr Tibber, the lead spokesperson, to put forward his Deputation to Cabinet.

Mr Tibber then came forward and handed a petition to the Leader which had been collated in response to the Cabinet report proposals and, within a week, attracted over 2300 signatures. The Deputation was further requesting the Cabinet consider the petition/report from the Hornsey Town Hall Appreciation Society and defer decision making on the preferred bidder for Hornsey Town Hall for one month.

Mr Tibber focused the Deputation’s presentation on challenging the recommendation based on the three key aspects where the successful bidder scored higher than the unsuccessful bidder, as set out within the report.

The Deputation contested the following:

• Whether the preferred bidder carried a lower planning risk and contended that a fresh planning application would be needed to take forward the preferred bidder’s plans for a Hotel and it could not be done under a S73.  Mr Tibber explained the Appreciation Society has received its own planning advice to this effect.

• That the guarantees required by the Council on the development work and ongoing operation of the building and community access would be difficult to enforce as the successful bidder was based in the Cayman Islands.  Mr Tibber questioned why a bidder would offer a guarantee.

• The legality around the special purpose vehicle being set up for the project, as this is currently not in existence.

Mr Tibber continued to refer to there not being a need for a Hotel in Crouch End and further emphasised the overseas status of the bidder which he claimed went against recent mayoral announcements on tackling the sale of domestic assets to overseas investors.

The Deputation asked the Cabinet to consider the employment impact of moving 74 businesses, located in the Town Hall, and highlighted the issues currently being experienced with relocation.

The Deputation concluded by asking Cabinet to consider the impact of the decision which could incur expensive legal challenges and the proposed decision being inconsistent with the Council’s Community Strategy. Mr Tibber asked Cabinet to pause and further consult on the proposals before making a decision on the future of Hornsey Town Hall.

The Leader thanked Mr Tibber for his Deputation and asked Cabinet Member colleagues to put forward their questions to the Deputation party.

Councillor Arthur, Cabinet Member for Finance and Health and a ward Councillor for Crouch End, questioned the concerns raised on planning risk, as the planning strategy put forward, within the tender submission of the unsuccessful bidder, was scored as providing a greater risk to the Council; with the preferred bidder scoring better on the planning strategy they put forward in their bid. Cllr Arthur asked for the response to be within the context of the public procurement and assessing the bids put forward.

Cllr Arthur asked the Deputation whether the petition put forward to the community fully reflected the preferred bidder’s proposals as contained in the Cabinet report.

Councillor Arthur asked the Deputation to also elucidate on the community use of the current Arts centre and the value of continued Arts related uses.

The Deputation explained that the report set out that the unsuccessful bidder would require a new planning application and the report was not referencing planning risk.  The Leader pointed to section 6.25 of the report which clearly set out that the planning strategy of the unsuccessful bidder held a greater planning risk.

The Deputation then referred to paragraph 2.5 which set out the advantages of the preferred bidder over the unsuccessful bidder, which included the unsuccessful bidder requiring a new planning permission and the successful bidder working within the existing planning arrangements, and they contended that this assessment was incorrect and would likely be challenged. In their experience and planning knowledge, a new planning application for the Hotel would be needed, requiring new consultation and in turn providing a higher planning risk.  Even if a S73 was appropriate, it was claimed it would require consultation, therefore not correct to say the preferred bidder would work within the existing arrangements.

The Deputation party advised that the people who had signed the petition did not know very much detail and the petition had been compiled and launched as a measure to instigate a public response and allow fuller information to come forward about the Hotel plans before a decision was made on the future of the Town Hall. Particular reference had been made to the Hotel proposal which was felt would not be acceptable to the Crouch End Community and it was reasonable for the community to have more information on the plans for the Hotel before a decision was made.

The Deputation party elaborated on the popular use of the current Arts centre located within Hornsey Town Hall. They felt that this was self evident, with 74 businesses and 130 people employed in the last 18 months. Also there was increased use of Hornsey Town Hall by local groups including the Crouch End Festival. The Town Hall building interiors had attracted interest with a number of people visiting on a daily unplanned basis to appreciate the interior of the buildings and visit the Arts provisions.

In light of the Deputation’s references to the second bid, the Leader questioned whether the Deputation party had a preferred bidder or were not in favour of any of the proposals put forward as part of the procurement process.

In response the Deputation party explained that they were not a political group and did not specifically support any of the bidders. They had as, a group, spoken with the interested parties to gauge their proposals and the Appreciation Society exists solely to safeguard community access and use for the building, square and the green for the community.  The Deputation advised that they also want the Festival to continue, the businesses located in the building to remain, the building to be restored and then returned to being an arts centre.

A Deputation party member of the Hornsey Town Hall Appreciation Society stated to Cabinet their preference for the unsuccessful bid as it came closer to the aspirations of the community. However, this preference could also equally apply to the other bids which did not reach the final procurement round.

Councillor Strickland, Cabinet Member for Housing, Regeneration and Planning responded to the Deputation, acknowledging the strong community interest and concerns for the future of the Town Hall.  Councillor Strickland highlighted the background that the project had been progressing for many years and a further delay would not be of benefit. Councillor Strickland confirmed the lengthy and onerous procurement process had been completed in line with OJEU requirements and with an agreed criteria and assessment panels.

In response to the particular planning concerns expressed, it was the planning strategies of the final two bidders that had been assessed and the assessment panel included both planners from the Council and external planning advisers, and they had concluded the proposed change in use carried a lower planning risk but the unsuccessful bid proposed increased development which carried a higher planning risk. It was important to note that, within the context of the overall procurement scoring, planning only made up 5% of the score and the overall difference between the two bids, at the end of the process, was 15%.

Cllr Strickland confirmed the legal advice received sets out the preferred bidder’s guarantee is enforceable. Assurance was provided that the Hotel proposition had been through a thorough assessment process, with expert Hotel industry advice sought, as part of the procurement assessment process.

The experience and expertise of FEC on Hotel provision was evident in the assessment process and was reflected in the number of Hotels they held around the world so this also provided further assurance.

Councillor Strickland responded to concerns about community use and provided a reminder of the Council’s instigation of the interim use of the Town Hall as an arts centre and this was because of the Council’s sustained commitment to keep the Town Hall in community use. Councillor Strickland confirmed the Council had always been very clear that the current arts centre is a temporary use of the building. The Council would continue to work with businesses and are advancing discussion with a local organisation interested in operating workspaces in the library.

The Cabinet Member for Housing, Regeneration and Planning concluded by emphasising the detailed and objective procurement process undertaken which had included a whole range of stakeholders including representatives from the Hornsey Town Hall Creative Trust (on the community assessment questions) and in his view had been a fair and robust process.

The Council and local stakeholders wanted to see the continued use of the building, by the community, which was why providing community use was mandatory category and also the highest scoring question. The preferred bidder was very willing to work with the community, will be setting up a community steering group with representatives from residents, alongside providing a viable future a diverse range of uses.