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085/2013: Approval to enter into agreement to acquire a site for the proposed new Northern Base – 19 December 2013

Executive Summary and recommendation:

The Executive Board approved the Northern Base Evaluation report on 10th September 2013 (which was signed by the Police and Crime Commissioner on the 23rd September), and the proposal to progress delivery of a new facility that would provide for a Headquarters facility and custody suite to replace the current Northallerton custody provision.

The evaluation report identified the Thirsk locality as the area that would provide the best location from which to deliver operational policing services, with a preferred site being identified at South Kilvington.

Following Executive Board approval, negotiations have been undertaken with the land owner and this paper seeks Executive Board approval to enter into an agreement; an Option to purchase the site.

Police and Crime Commissioner decision:

Approved

Signature Date 19 December 2013
Title Police & Crime Commissioner for North Yorkshire
jm-signature

Part 1 – Unrestricted facts and advice to the PCC

  1. Introduction and background
    1. On 10th September 2013 the Executive Board approved the proposal to provide a new Northern Base facility that would accommodate the departments currently located at the Newby Wiske Headquarters site, and a new custody suite to replace the current Northallerton facility.
    2. The evaluation had considered a number of options for re-provision, which included looking at current buildings available in the locality and also considered a number of sites in the Northallerton and Thirsk localities that could potentially offer a suitable site for a new purpose built facility.
    3. The evaluation identified that a new purpose built facility would be the best way to deliver a new Northern Base. It referenced a number of sites that had been evaluated against a weighted matrix in order to assess the suitability of each site, and if/how it could best meet the operational and organisational requirement. The site evaluation matrix considered factors that included the size of the access, access egress to the site, site attributes, and critically how it would support operational effectiveness, in addition to factors such as environment and buildability, transport and traffic and strategic fit.
    4. The results of the evaluation matrix work identified one site as a preferred location; Site 5 located at South Kilvington. Following approval to the evaluation, work was commissioned to negotiate with the owner of the site. The results of those negotiations are that the owner has agreed to a price point for the identified site. Also that NYP would pay the vendors reasonable legal costs. It is expected that the vendors solicitor will require an undertaking in this respect at the outset of drafting documentation between parties, and we would be seeking an estimate from them at that time in order that we can consider the ‘reasonableness’ of their estimated costs.
    5. If approved by the Executive Board an Option Arrangement would be entered into with the land owner. This arrangement would involve a payment to the landowner to secure the site for a period of 12 months. During this time it would be expected that NYP would submit a full planning application. If the decision was challenged or appealed at the end of the 12 month period the Option could be extended for a further 12 month period. The full financial details have been included in Part B of this notice due to the commercially sensitive nature of the information. Once agreed and finalised the actual amount paid for the site will be made public.
    6. Attached at Appendix A in Part 2 is a copy of the Draft Heads of Terms and site plan.
    7. Attached at Appendix B is a copy of the Communications Plan in respect of the successful acquisition of the site for the proposed new Northern Base.
  2. Matters for consideration
    1. Executive Board members will wish to be reassured that the agreement that they are entering into is both legal and represents Best Value for the organisation. Also that the site is that which was identified in the evaluation matrix as the most suitable for delivering operational policing services.
    2. It is confirmed that the site was identified as the preferred site as part of the Northern Base evaluation work, and that agreed price point is within budget.
  3. Other options considered, if any
    1. No other options have been considered as part of this Decision Notice, as other considerations formed part of the initial Northern Base Evaluation Report that was approved by Executive Members.
    1. Contribution to Police and Crime Plan outcomes
    2. The acquisition of the identified preferred site will enable the progression of a new Northern Base, which will contribute to the following Police and Crime Plan outcomes:
      • Fit for the Future
      • Delivering more for Less
  4. Consultations carried out
    1. Consultation with operational and staff stakeholder representatives was undertaken as part of the Northern Base Evaluation Report work that resulted in identifying this site.
    2. Consultation has also been untaken with representatives of the staff associations, who are all supportive of the plans, and content that stakeholder representatives will have input into the continued development and design of the new facility. There will also be further engagement as the project progresses in respect of the change of location for those people who are directly impacted.

  5. Financial Implications/Value for money
    1. Chief Constables Chief Finance Officer Comments
    2. The purchase price is lower than the amount included in the MTFP, which is based on the original estimate as per the Decision Notice.

  6. Legal Implications
    1. Having read this report and having considered such information as has been provided at the time of being asked to express this view, the Force Solicitor is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.
  7. Equality Implications
    1. An equalities impact assessment was undertaken as part of the full evaluation. That assessment identified that the project does not favour or provide any advantage or disadvantage to individuals with any of the protected characteristics. The project will impact equally across the workforce as any new buildings must be fully compliant with requirements held within the Equality Act 2010.
    2. As the proposal locates the headquarters facility to a more accessible location, serviced by public transport and with good road networks, it will potentially be easier for all groups and customers to be able to access this new facility. In particular, as the new facility will be purpose built and fully compliant with all requirements of the Equality Act, the improved access and all facilities should cater for any of the protected characteristics.

Public Access to Information

The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.

Only where material is properly classified as restricted under the GPMS or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 of the Form will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.

Is there a Part 2 to this Notice – YES
Part B contains information that at the present time is commercially sensitive

Tick to confirm statement √
Director/Chief Officer has reviewed the request and is satisfied that it is correct and consistent with the NYPCC’s plans and priorities. Joanna Carter 05.12.2013
Legal Advice Legal advice has been sought on this proposal and is considered not to expose the PCC to risk of legal challenge. Simon Dennis 003638 19.12.13
Financial Advice The CC CFO has both been consulted on this proposal, for which budgetary provision already exists or is to be made in accordance with Part 1 or Part 2 of this Notice Jane Palmer 004364 12.12.13
Equalities Advice An assessment has been made of the equality impact of this proposal. Either there is considered to be minimal impact or the impact is outlined in Part1 or Part2 of this Notice. Julie McMurray 6038 05.12.2013
I confirm that all the above advice has been sought and received and I am satisfied that this is an appropriate request to be submitted for a decision Julie McMurray Date 05.12.2013
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