Agenda item

Report of the Cabinet Member Sustainability

Cllr Driver was invited to address the meeting. She explained that she was speaking on behalf of the Glensanda Court Residents Association (GCRA). GCRA was concerned that Cabinet would take a decision about the use of Montpellier Gardens for Festivals in 2012 before it had been able to assess the environmental damage caused to the Gardens by the 2011 Literature Festival.

GCRA were concerned that it had not been consulted about the planned build programme for the 2011 Literature Festival,that guidelines for working hours were either not stipulated or were ignored causing unreasonable disturbance to residents, that guidelines for noise levels during construction were either not stipulated or not enforced and that there had not been a hotline telephone facility provided by the Festivals or their construction contractor.

GCRA were thus seeking assurances from CBC that, if CBC decided to allow Cheltenham Festivals to use Montpellier Gardens again in 2012, conditions of the permitted use would include:

a. Full and timely consultation with GCRA to allow GCRA views to be considered when plans are finalised by Cheltenham Festivals.

b. Guidelines for working hours would be issued and enforced by CBC.

c. Guidelines for noise levels would be issued and enforced by CBC.

d. A hotline telephone facility would be provided by Cheltenham Festivals for use during construction and use periods.

In response the Cabinet Member Sustainability explained that timescales had not enabled the impact of the 2011 Literature Festival to be assessed prior to a decision being made on the 2012 Festival. An assessment had been made based on the difficulties experienced in Imperial Gardens in 2010 which informed the proposal in the future. He acknowledged that GCRA should have been consulted and going forward consultation would take place with residents surrounding the park. He suggested that if there was a proliferation of interested parties then it may be more appropriate for residents to nominate a spokesperson.

In terms of working hours and noise levels the Cabinet Member Sustainability referred to the answers given to the first public question addressed to this Cabinet meeting. It was a difficult issue as the shorter in the morning and evening that there were restrictions on timings for erecting tents then there would be more demand for days to allow that process to take place. He explained that Environmental Health had been involved in working closely with gardens hirers to ensure noise was kept to acceptable levels. In terms of setting up a hotline he undertook to talk to Cheltenham Festivals as the council was not in direct control of the events. He also undertook, in collaboration with officers, to look at the proximity of properties to the site.

The Cabinet Member referred to the public question regarding concerns on usage and whether this complied with conditions for which the Heritage Lottery Fund had awarded funding. He quoted the Heritage Lottery Fund “So far as the use of the gardens for the Cheltenham Festival are concerned, we agree in principle to the use of the gardens by the Festival but we want to be assured that there will be a reasonable restriction on the overall level of use and that suitable provision will be put into place for the adequate maintenance and repairs after the Festival”

“the use of the Property for the Cheltenham Festival will be the subject of continuing dialogue between the Grantee and the NHMP in order to rectify/resolve any problems which may occur as a result of this use”

Councillor Hall was invited to address the meeting as Chair of Environment Overview and Scrutiny. The committee had met in September to look at this issue and she expressed disappointment that the minutes had not been specifically referred to in the report. Members had raised the issue of communication and she confirmed that there would be ongoing scrutiny of the festivals in respect of use of the gardens. She also congratulated the Council on the condition of the gardens during the festival.

A public Appendix B outlining the cost plan for Imperial and Montpellier Gardens was circulated for public purposes to clarify the confidential Appendix. As tenders had not yet been signed figures remained commercially sensitive.

The Cabinet Member Sustainability informed that recommendation 1 should be amended to make reference to Montpellier Gardens in addition to Imperial Gardens as outlined in Appendix B.

The Leader of the Council thanked those involved in the project and welcomed the progress that had been made.

RESOLVED that

1. authority be delegated to the Director Operations in consultation with the Cabinet Member, Sustainability and the Council leader, to undertake the first phase of the proposed works in Montpellier and Imperial Gardens as outlined in Appendix B and in accordance with the consultation plans entitled “Imperial Gardens Design” and dated May 2011, and subject to minor alteration where it is deemed necessary.

2. tentage designs for Montpellier gardens be restricted to 4700M2, and 2750m2 in Imperial Gardens (excluding walkways and gazebos) in 2012 and onwards. All to be contained in the areas outlined in red on appendix C and D.

3. both Imperial Gardens and Montpellier Gardens be subject to a maximum usage cap of 75 special event days each (including setting up and taking down).