1
Personal Particulars
1.1
My name is Andrew William Nash, and I am employed by the Council in
their Property Services Department as their Project Manager for the
Scheme.
2
Scope of Evidence
2.1
My evidence will address the following matters:
2.1.1 The organisation
of the Council;
2.1.2 How key
decisions relating to property transactions are dealt with;
2.1.3 The extent of
the Council’s property portfolio;
2.1.4 The Council’s
aspiration to see the Southgate area redeveloped;
2.1.5 The Council's
objectives in its property negotiations with CGNU;
2.1.6 Evolution of the
Scheme and human rights considerations;
2.1.7 Key features of
the Order Schedule and Maps, and
2.1.8 Deliverability
of the Scheme.
2.2
My evidence deals principally with the Council’s role as a
property-owner.
3
Organisation of the Council
3.1
The Council operates under a “Leader & Cabinet” structure, with
Property delegated to the Head of Property & Legal Services, to
whom I answer directly.
3.2
The organisation of the Council reflects the clear and
necessary separation of statutory planning functions from its
role as a property-owner.
4
Extent of Council’s Property Ownership
4.1
The Council owns significant commercial property in Bath, including
the freehold of the present Southgate Centre. Thus,
safeguarding the retail centre of Bath is in the public interest
and critical to protecting the Council’s property income.
5
The Council’s Aspirations for the Southgate Area
5.1
The Council’s Planning, Transportation & Environment and
Property Committees carried out an in-depth review of the Southgate
scheme in May 1996 and considered an issues-report detailing the
1988 Bath City Council Objectives, which have changed little in the
intervening 17 years.
6
Objectives of Negotiations with CGNU
6.1.1 To agree terms
to bring forward the Scheme;
6.1.2 To safeguard
property values and income;
6.1.3 To safeguard the
wider public interest during the construction of the Scheme.
7
Evolution and Development of the Scheme
7.1
Southgate is one of the key "gateways" to the City, and many
visitors arrive at the Railway Station or the Existing Bus Station,
and often it is this first impression which remains with visitors
after they have left;
7.2
The Council and CGNU have agreed to work together to deliver a
mixed-use redevelopment of the Order Land;
7.3
The Council is satisfied that the Scheme is in the public interest
and crucial to deliver a retail-led revitalisation of the City
Centre and to prevent the decline of Bath as a regional shopping
and tourist destination;
7.4
It is highly unlikely that the Council and CGNU would be able to
acquire all property interests by agreement within a predictable
timescale;
7.5
On 5 March 2003, the Council Executive gave its "in principle"
support for making the Order if recommended to do so;
7.6
On 30 June 2004, the Council Executive resolved to make the Order
and authorised the Head of Property and Legal Services to take all
necessary steps to secure its making, confirmation and
implementation;
7.7
On 12 October 2004, the Head of Property and Legal Services
authorised the completion of the Indemnity Agreement and the making
of the Order;
7.8
On 20 October 2004, the Council made the Order and submitted it to
the Secretary of State for confirmation on 29 October 2004;
7.9
In relation to the Human Rights Act 1998, the Council is satisfied
that there is a compelling case in the public interest for the
Order and that the benefits of the Scheme justify any interference
with the human rights of those with an interest in the Order
Land;
7.10 In
parallel with the Order, I was instructed to agree terms with CGNU
to secure the Scheme. A Building Agreement will be entered into
very shortly.
8
The Order Schedule and Maps
8.1
I will explain the key aspects of the Order Schedule and Maps,
particularly as to the land coloured orange on the Order Maps and
the inclusion of Avon House (Plot 151).
9
Deliverability
9.1
It is anticipated that the Building Agreement will be completed by
the end of April 2005. It will be subject to a number of conditions
precedent, including the confirmation of the Order and attainment
by CGNU of a target rate of return;
9.2
CGNU has committed significant finance to the Scheme, and is
contractually committed to underwrite the Council’s external
consultancy costs, the costs of this Inquiry and all amounts
properly payable to third parties by way of compensation;
9.3
CGNU has sufficient resources to complete the Scheme without the
need for external financing;
9.4
The necessary development expertise will be available to CGNU
through a developer-partner, and the Council accepts that this is
an appropriate way to proceed.
9.5
I have complete confidence in CGNU’s ability to deliver the
Scheme.
