Agenda item

To approve authorisation to advertise the site at Thimblemill Road, Smethwick on the open market to ascertain if there is any commercial or other interest to purchase the site, subject to any planning consents that may be required for change of use.

Agreed:-

(1)     That approval be given to test the market and advertise the site at Thimblemill Road, Smethwick on the open market to ascertain if there is any commercial or other interest to purchase the site, subject to any planning consents that may be required for change of use.

(2)     That the Director for Regeneration and Growth be authorised to work with a community consortia, The People’s Orchestra, in parallel with recommendation (1), to allow the group 3 months to develop proposals to determine their projects viability and allow them to undertake a business planning exercise to confirm whether they are able to take on the premises under a Community Asset Transfer.

(3)     That in connection with (2) above, a further report be submitted to the Cabinet t in June 2023 which will outline the disposal options identified through market testing and full details of the community-led option.

                  Approval was sought to advertise the site at Thimblemill Road, Smethwick on the open market to ascertain if there was any commercial or other interest to purchase the site.

Reasons for Decision

Following the Cabinet decision made on 31 January 2018 (see Minute No. 18/18) Smethwick Swimming Centre was due to close in summer 2023 when the leisure provision would be located at the new Sandwell Aquatics Centre, Smethwick. A working group of officers from Planning, including the Conservation Officer, Strategic Assets and Sports Strategy was created to look at options for the future use of the building. The working group assumption was that no other Council service would have use for the building once it closed and the Council could not afford to retain the building. The listed status of the building constrained uses to those that would interfere least with its significance as a designated heritage asset and consequently appropriate uses were limited. Proper maintenance of such buildings was both necessary and potentially costly.

                  Alternative Options Considered

                  In order to enforce the legislation and fulfil its statutory duty, the Council required a policy that outlined what fines would be for breaches of the legislation. The Council could have decided to construct its own framework for calculating the amount of a civil penalty however, this risked not being aligned with other authorities which could impact the Council’s ability to justify in the event of any appeal against a penalty levied.

As a result of the requirement for all authorities in England to have regard to the policy of the Lead Enforcement Authority, the adoption of this policy would ensure that the approach was consistent with that of other authorities.

                  The Council had the opportunity to support the People’s Orchestra, a community based non-profit organisation to convert the building into a music venue. This change of use would provide a ‘community development and training hub’ and concert hall, ensuring the building was retained as a community venue. Such a use would be expected to be compatible with the conservation of the building’s significance. However, it would likely involve the Council underwriting building related revenue risk in the short to medium term.

Resolved:-

(1)          that approval be given to test the market and advertise the site at Thimblemill Road, Smethwick on the open market to ascertain if there is any commercial or other interest to purchase the site, subject to any planning consents that may be required for change of use;

(2)          that the Director for Regeneration and Growth be authorised to work with a community consortia, The People’s Orchestra, in parallel with Resolution (1), to allow the group three months to develop proposals to determine their projects viability and allow them to undertake a business planning exercise to confirm whether they are able to take on the premises under a Community Asset Transfer;

(3)          that in connection with Resolution (2) above, a further report be submitted to the Cabinet in June 2023 which will outline the disposal options identified through market testing and full details of the community-led option.