Decision:
1. That the transfer of the Council's four parish public convenience assets to the relevant Parish and Town Councils be approved, subject to final legal and financial agreements. Where agreed with the relevant Parish or Town Council, this will also include the transfer of the Kidmore Lane and Harestock free car parks as part of a single local management arrangement.
2. That authority be delegated to the Section 151 Officer, in consultation with the Strategic Director and the Director of Legal, to negotiate and finalise the detailed legal, financial and operational terms of each individual transfer, including the assets to be transferred in each case.
3. That the continuation of existing operational support arrangements be approved, including cleaning services and any agreed service contributions, until April 2027 where appropriate to support an orderly transition.
Minutes:
Councillor Learney introduced the report which set out the proposed transfer of four public toilets and two car parks to parish councils. She emphasised that under the proposed Local Government Reorganisation (LGR) process it was considered that parish and town councils would be best placed to understand local priorities, respond quickly to community needs and make decisions about the long term future of such local assets.
At the invitation of the Leader, Councillors Godfrey addressed Cabinet as summarised briefly below.
Councillor Godfrey noted the financial logic of transferring responsibility for certain assets but raised concerns that the current report overlooked responsibilities regarding ongoing maintenance. He highlighted the varying levels of refurbishment of public toilets in different areas of the district and specifically the lack of refurbishment for Denmead's public toilets, suggesting it would be negligent for a parish council to accept ownership without the city council first completing promised upgrades. Regarding the transfer of car parks, he raised queries about the future costs of resurfacing and requested that the council offer safeguards or insurance schemes to protect parish councils from inheriting substantial liabilities. Finally, he raised the question of the ongoing costs and income associated with electric vehicle charging points and sought clarity on whether these responsibilities would be fully transferred to the parish councils.
Parish Councillor David Evans (Wickham and Knowle Parish Council) also addressed Cabinet during public participation as summarised briefly below.
Councillor Evans expressed concern that despite previous assurances, the report failed to reflect the significant work undertaken between the parish council and city council over the previous six months. The parish council had stated that it would only accept the transfer of Wickham public toilets if the transfer of associated car parks was also considered to help offset costs and had received confirmation that the city council had accepted this position. He questioned why the previous joint work and expenditure on surveys appeared to have been disregarded in the report and requested that members be given the opportunity to consider the original proposal to ensure an informed, transparent, and fair decision.
Councillors Learney and Tod apologised to Councillor Evans and Wickham and Knowle Parish Council that they had not been provided with an explanation of the report’s recommendations in advance of the Cabinet meeting. It was explained that the council had a duty to undertake full due diligence on what the financial implications would be in relation to the potential transfer of car parks and it was complex process to disaggregate the revenue and capital costs involved. It was confirmed that discussions with Wickham and Knowle Parish Council and other parish councils in the district remained open regarding the potential for further car park or other asset transfers in the future.
Councillor Learney and the Corporate Head of Service Place responded to the other comments and queries raised, including clarifying the situation regarding the agreed refurbishment of Denmead public toilets which was subject to asset transfer.
Cabinet agreed to the following for the reasons set out in the report and outlined above.
RESOLVED:
1. That the transfer of the Council's four parish public convenience assets to the relevant Parish and Town Councils be approved, subject to final legal and financial agreements. Where agreed with the relevant Parish or Town Council, this will also include the transfer of the Kidmore Lane and Harestock free car parks as part of a single local management arrangement.
2. That authority be delegated to the Section 151 Officer, in consultation with the Strategic Director and the Director of Legal, to negotiate and finalise the detailed legal, financial and operational terms of each individual transfer, including the assets to be transferred in each case.
3. That the continuation of existing operational support arrangements be approved, including cleaning services and any agreed service contributions, until April 2027 where appropriate to support an orderly transition.
Supporting documents: