Agenda item

1.

Question from Robert Keevil to Cabinet Member Sustainability (Councillor Whyborn) and Cabinet Member Built Environment (Councillor Rawson)

Given the very strong local opposition to the proposed staging of Expo 2012 and subsequent Street Racing Events in the sensitive Conservation Area in Imperial Square, ImperialGardens and The Promenade;

1. What areas do you envisage using this year and in future years?  

2. What road closures are you planning and for what length of time?

Response from Cabinet Member Built Environment

Neither the Expo 2012 nor the street racing events which Cheltenham Motor Sports are talking about are council events.  The organisers have booked the Town Hall and committee rooms in the Municipal Offices for Expo 2012 but have confirmed that they do not intend to use any parks or gardens.

A document was received from the organisers this week indicating that they are seeking road closures around the proposed circuit during part of the weekend of 8^th and 9^th September 2012, though no racing.  There are no details for future years. The document also says that the organisers propose to use the Inner Promenade for static displays in 2012.

However, no formal proposals for road closures have been made. When they are, my understanding is that such closures will need to be approved by the County Council as Highways Authority, as they are likely to go beyond the very limited powers that the Borough Council has. 

In any case, my understanding is that permission for street racing would require a Private Act of Parliament, which Cheltenham Motor Sports say they are planning to seek, though not for any activity in 2012.

Supplementary question from Robert Keevil

Bearing in mind the huge amount of public funds that have been spent by the Council to redevelop and upgrade Imperial Gardens, for the benefit and enjoyment of all the people who live and work, or visit Cheltenham, what assurances and guarantees are you seeking from the promoters of this commercial motor sports event, regarding the safeguarding of this investment in the gardens, in respect of any future events that they are planning?

Supplementary response from Cabinet Member Built Environment

This issue was covered in a subsequent question but safeguarding of the gardens would form part of any permissions.

2.

Question from Paulette Faulkner to Cabinet Member Sustainability (Councillor Whyborn) and Cabinet Member Built Environment (Councillor Rawson)

It has been acknowledged by all parties that ImperialGardens cannot sustain any additional wear and tear.  A Motor Sport Event in this Conservation Area is most inappropriate. Any activity such as Street Racing in Imperial Square would result in large crowds tramping all over ImperialGardens. Therefore will the Cheltenham Borough Council give their assurance that no permission will be given for either an Expo 2012 or for Street Racing in the Area of Imperial Square and Gardens?

Response from Cabinet Member Sustainability

The Expo promoters have confirmed that they will not be using ImperialGardens in 2012. Any future usage of ImperialGardens must comply with both the 2011 policies approved by cabinet, and the 2012 planning permission, albeit the latter is for 15 months.

The situation for 2013/2014 is unclear, but the general spirit of limiting both the intensity and time for what is allowed would continue to be the case. If a booking for 2013 was accepted, it would be subject to rigorous conditions to protect the gardens. Of particular importance is that any September usage should not encroach onto flower bedding. The current regime depends on an orderly changeover from Spring to Summer bedding earlier in the year.

Supplementary question from Paulette Faulkner

Imperial Square and Imperial Gardens surrounded by important Listed buildings are representative of the Regency heritage of Cheltenham and any type of street racing in this sensitive area will bring with it a number of risks, namely, the large crowds of spectators and the consequent possible damage to the gardens and infrastructure, accidents due to speeds envisaged either during the event of afterwards by the likelihood of copycat racers and the probable damage to property.  No satisfactory answer has been given by the organisers when asked about insurances against damage to either persons or property.  We are constantly told that this event will benefit businesses in Cheltenham so it is surprising that the route was reportedly changed so as not to inconvenience businesses.  Please will the Borough Council insist that the route is either changed back to the original circuit or to another route without so many residences so that road closures and potential hazards are borne by the beneficiaries of this event rather than the permanent residents?

Supplementary response from Cabinet Member Sustainability

Decisions relating to the exact route and any road closures would be for the County Council and Police to decide, this was not something CBC could decide.

3.

Question on behalf of the Friends of Imperial Square & Gardens to Cabinet Member Sustainability (Councillor Whyborn) and Cabinet Member Built Environment (Councillor Rawson)

Has Cheltenham Borough Council assessed the full environmental impact of these so-called low carbon vehicles descending upon these much admired Conservation Areas as bio-diesel vehicles can emit substantial amounts of toxic carbon monoxide and larger amounts of nitrogen oxides than conventional cars under certain conditions as explained in a recent edition of the Sunday Times?

Response from Cabinet Member Sustainability

At the time of writing we do not have visibility of the Expo promoters’ proposed emissions for the vehicles, though the Council will need to be satisfied as regards the impact on the local environment in terms of air quality.

4.

Question on behalf of the Friends of Imperial Square & Gardens to Cabinet Member Sustainability (Councillor Whyborn) and Cabinet Member Built Environment (Councillor Rawson)

Bearing in mind the large number of motor vehicles which are likely to be involved, has anyone carried out a full Risk Assessment including the need for adequate Insurance Cover and the likelihood of Accidents to those attending such an event either in ImperialGardens or the streets around Imperial Square?
 

Response from Cabinet Member Built Environment

As I said in response to question 1, no detailed proposals for street racing have yet been made, and Cheltenham Motor Sports do not propose that this should happen in 2012.  It would be premature to undertake a Risk Assessment before there are any clear proposals.  However, there is no doubt that any body involved in permitting any street racing, including the Borough Council in respect of use of Imperial Gardens, would require a robust Risk Assessment and consider it carefully before doing so.

Supplementary question on behalf of the Friends of Imperial Square & Gardens

Can/will Councillor Rawson guarantee that residents living in Imperial Square will have continuous and uninterrupted access to the highway from their car parks at all times during the proposed Expo 2012, especially as the organisers latest document says “Special Event Road Closures for the Street Race Circuit (plan attached) will be in place between 09:00 and 13:00 on Sunday 9th September 2012. There will be a gradual shutdown process that will start at

approximately 06:00…”?

Supplementary response from Cabinet Member Built Environment

Issues concerning road closures were a matter for the County Council in conjunction with the Police.  He gave assurances that the wellbeing of residents would be an important consideration for CBC in any application.

5.

Question from Gary Redmond to Cabinet Member Built Environment (Councillor Rawson)

As Expo 2012 is proposed as the fore-runner to Street Racing, has the Council considered the visual and road safety impact on this Conservation Area which will be surrounded by nearly a mile of high and substantial crash barriers on both sides of the roads along with the disruption and time needed to build and dismantle them?

Response from Cabinet Member Built Environment

Expo 2012 may well be seen by its organisers as a forerunner of street racing, but it has come forward as a separate proposal and the Borough Council has no alternative but to treat it as an event in its own right.  So far as street racing is concerned, the visual impact and the road safety impact are clearly matters that would need to be considered before permission was given by any authority whose consent would be required.

Supplementary question from Gary Redmond

If street racing is approved what action will the Council take to stop boy racers adopting sections of the circuit to undertake copycat races?

Supplementary response from Cabinet Member Built Environment

This point was taken but without having seen detailed proposals or having had discussions with Highways or the Police, it was difficult to provide a solution at this time.

6.

Question from Fiona Wildto the Leader (Councillor Jordan)

Who has been meeting the organisers of the proposed Expo 2012 and street-racing the following year, and giving them the go-ahead to make announcements that the event is already up and running?

Response from the Leader

While I don’t know which announcements are being referred to, any statement by the organisers of the Expo 2012 about their intentions is their responsibility. The organisers have booked the Town Hall and committee rooms in the Municipal Offices for Expo 2012 and have confirmed that they do not intend to use any parks or gardens. No formal requests have yet been made for the closure of roads. 

Supplementary question from Fiona Wild

Can you assure me that the taxpayers of Cheltenham , directly or indirectly, will not be liable for costs, a situation not without precedence, for the proposed Expo this year and street racing in the future, as the original Cheltenham Motor Sports website mentions that an Act of Parliament would be required?

Supplementary response from the Leader

The issue of costs was covered in a subsequent response, but no, the Council would not provide any funding to the organiser in relation to the Act of Parliament.

7.

Question from Fiona Wildto Cabinet Member Sustainability (Councillor Whyborn)

Cheltenham Borough Council has recently had Imperial Gardens redesigned at great cost, plus new pavements along the side, and the Promenade is currently being re-laid. After spending so much time and money on these projects, how can car-racing of any kind around the area be justified when Cheltenham is fortunate enough to have a race-course, a place for time-trials (Prescott) and Castle Combe Circuit not far away?

Response from Cabinet Member Sustainability

 The types of racing in these venues are likely to be different; however please be assured, by the answers given to previous questioner (Q2) that the Council has every intention to protect its recent investment in ImperialGardens. Any plans submitted for Imperial Gardens will be subject to rigorous scrutiny to ensure the gardens are protected.

8.

Question fromBarry Wild to Cabinet Member Sustainability (Councillor Whyborn)

The Cheltenham Street Race proposes to use entirely, so called “green” vehicles. The “green” alternatives which are proposed for use in the Cheltenham Street Race are
 
1.    Electric cars. These have no emissions but their electrical power is mainly derived from burning fossil fuels in power stations – they therefore contribute to climate change.

2.    Cars which burn biodiesel in a conventional car engine. Biodiesel is made from fats such as cooking oil and is “carbon neutral” because although it emit CO2 when burnt, that carbon originated from plants which extracted it from CO2 in the air via photosynthesis. These cars however also emit toxic carbon monoxide (although less than from a normal car) but emit more nitrogen oxides.  If they are raced at high speeds (they can reach well over 140 mph) and are subject to rapid acceleration and deceleration around the eight sharp bends, they will emit substantial quantities of carbon monoxide and nitrogen oxides, both of which are health hazards. These cars driven at high speed will be very noisy too!

3.    Cars which burn a ‘second generation’ biofuel such as bio-methanol, produced from biomass – waste biological material.  Burning methanol in engines produces very high-powered vehicles, also producing carbon monoxide and nitrogen oxides. Methanol itself is also toxic.

4. Hydrogen powered vehicles. These have no emissions but the hydrogen is generated using fossil fuels and thus contributes to climate change.

These “green” vehicles, when driven at speed around such a circuit, will pose a substantial threat to the health, environment, fabric and safety of our precious town.

Has the Council assessed the full environmental impact and the safety implications of allowing high speed cars, burning biodiesel fuel, to race around the twisting 1.2 miles of Cheltenham’s finest streets?

Response from Cabinet Member Sustainability

Please see the answer to previous Questioner (Q3). The Council does not have visibility of the Expo promoters’ proposed emissions for the vehicles. It should be added that any environmental claims are made by the organisers, and not by the Council, though the Council will need to be satisfied as regards the impact on the local environment in terms of air quality.

Supplementary question from Barry Wild

Did Council members see or try the Cheltenham Motorsports online video game (now conveniently removed) that clearly showed the narrow and dangerous racetrack that winds through the town?

Supplementary response from Cabinet Member Sustainability

No he had not personally seen or tried the online video game.  The environmental impact of any application would be assessed.

9.

Question from Barry Wildto the Leader (Councillor Jordan)

What evidence does the Council have that the ordinary citizens of Cheltenham want their town centre turned into a high speed race track?

Response from the Leader

Neither the Expo 2012 nor the street racing events which Cheltenham Motor Sports are talking about are council events. While the organisers have been holding public forums to explain their proposals, we understand that any permission for street racing would require a Private Act of Parliament, and this should give the chance for residents to express their views.

Supplementary question from Barry Wild

It is possible for these green cars to reach speeds of 200mph, yet our MP has suggested a speed limit of 20mph in Cheltenham town centre on grounds of safety.  Do you not think that the contrast between these two figures speaks volumes about the unsuitability of this venture?

Supplementary response from the Leader

These details would all be subject to the Act of Parliament.

10.

Question from Yvonne Archdaleto the Leader (Councillor Jordan)

Has Cheltenham Borough Council thought of the financial implications of Expo 2012 and Street Racing and what contingencies are being put in place should the events promoter be unable to meet its obligations and contributions?  Traders will be faced with problems.

Response from the Leader

The Expo 2012 and any subsequent street racing event could provide considerable economic benefit to Cheltenham based on publicity for and extra visitors to the town. It also has potential to boost local high technology and ‘green’ industries. The Expo 2012 was one of 15 projects that were recommended for support from the Promoting Cheltenham Fund after being assessed by a panel made up of business representatives and cross party group of councillors. 

The financing of the Expo 2012 itself and any subsequent street racing is the responsibility of the organisers.  

11.

Question from Yvonne Archdale to Cabinet Member Built Environment (Councillor Rawson)

What assurances will the council demand regarding full insurance cover for any damage or injury to persons and property which could be substantial for these high profile motor sport events? 

Response from Cabinet Member Built Environment

Any event taking place in the public realm requires Public Liability Insurance (typically no less than £5 million pounds) and in this case, the Council would take advice to ensure that such arrangements were adequate to cover any potential risks to the authority with regard to use of its land.  The event organiser’s insurer will no doubt want to make its own assessment of the risks involved in determining both an appropriate level of cover and the associated premium.

12.

Question from Julianna Tierney to Cabinet Member Sustainability (Councillor Whyborn) and Cabinet Member Built Environment (Councillor Rawson)

Any major Motor Sport Event leads to infrastructure damage particularly in a sensitive Conservation Area. What plans are in place or in preparation and who is expected to pay for the extra police protection of property and environment, the prevention of crime, the inevitable aftermath of such an event, viz. litter and damage, and the restoration to normality of the environment?

Response from Cabinet Member Built Environment

So far as the Borough Council is concerned, we would certainly want to ensure that the cost of any damage to our property was met by the organisers of the event. 

As previously stated, there are currently no proposals for the use of gardens.  If there were, land use agreements (LUA) would be required which would include arrangements for litter picking and restoration of damage, at organisers’ expense, and also street cleaning. Re-instatement of gardens routinely forms part of the LUA and is now a condition of the new planning consent conditions.

As stated, in the answer to question 11, any public events on Council land would require the organisers to carry at least £5M in public liability insurance.

The question of policing and potential damage to the highways infrastructure would be matters for the Gloucestershire Constabulary and the County Council respectively.

13.

Question on behalf of Cheltenham in Bloom to Cabinet Member Sustainability (Councillor Whyborn)

The proposed Cheltenham Motorsport & Expo 2012 which is likely to be staged on the 8th & 9th September within the Town, may well make use of our Floral Heritage Gardens.  Cheltenham in Bloom committee are very concerned to be informed that there is the possibility our Nationally acclaimed 'LongGardens' may well be Boarded over so that Cheltenham Motorsport's can display cars. With flower beds blooming well into late September, early October, we estimate the height of the boarding would have to be exceptional high, so that there was no damage to plants, at least 3 foot or more as often the 'Dot' planting is made up of tall plants, unless of course you have ideas to strip out the beds before their time which would be sacrilege.

If the Boarding Over of the 'Long Garden's were to take place, would this not be setting a precedent for future events within this prestigious area of our town, which we view would be at the detriment of our Floral Heritage or would this be a 'one off' proposal?

Response from Cabinet Member Sustainability

The Expo promoters have confirmed that they will not be using the Long Gardens in 2012. If any future request were to be made the impact on the LongGardens would be a foremost concern.

14.

Question on behalf of Cheltenham in Bloom to Cabinet Member Sustainability (Councillor Whyborn)

CheltenhamMotorsport Exp 2012: If this event were to go ahead, Cheltenham in Bloom committee understand that discussions are to be held to finalise display areas for cars and exhibit stalls. If the 'LongGarden's' were not to be used, and the 'Inner Promenade' was to be used.

What protection to the Gardens would be put in place to stop the public from walking through the colourful and attractive floral beds, when going to and and from the exhibit stands and viewing cars on display, would this implicate any cost to the local tax payer of Cheltenham or Cheltenham Motorsport, indeed if any gardens were to be damaged would the event organiser pay for damages?

Response from Cabinet Member Sustainability

The Expo promoters have confirmed that they will not be using the Long Gardens in 2012 but hope to use the Inner Promenade, subject to a formal request for a road closure.  The point is accepted that some form of barriers would have be put in place to protect the floral beds from members of the public going to/from exhibits. Indeed it may be necessary to protect the turf also.

Supplementary question on behalf of Cheltenham In Bloom

The language used today in response to earlier questions has been very provisional, when will the Council take responsibility for future events?

Supplementary response from Cabinet Member Sustainability

As yet, no formal proposals had been received for 2013-14 and it was not possible to provide answers to questions which were not before him.  It was accepted that use of the LongGardens would require some form of protection.

15.

Question from  Ken Pollock to Cabinet Member Finance & Community Development (Councillor Webster)

With regard to the Expo 2012 who is going to pay for:

a)     the road closures,

b)     the police resources,

c)     all the necessary road closure signage and re-direction signage that will be required for a major town centre event,

d)     Public Liability Insurance?

Response from Cabinet Member Finance & Community Development

(a)   This question should be directed to the Highways Authority whose responsibility it is.

(b)   This question should be redirected to the Chief Constable: police resources are the responsibility of the Police Authority.

(c)   It is premature to say what signage may be necessary, but this is something that in the normal course of events, the organisers would have to pay for.

(d)   See answer to Q11.  The responsibility for insurance is the event organisers. Any event taking place in the public realm requires Public Liability Insurance (typically no less than £5 million pounds) and in this case, the Council would take advice to ensure that such arrangements were adequate to cover any potential risks to the authority.  The event organiser’s insurer will no doubt want to make its own assessment of the risks involved in determining both an appropriate level of cover and the associated premium

Supplementary question from Ken Pollock

According to the police website, the onus is on the event organiser to provide a ‘Traffic Management Plan’ and to pay for the use of police resources in order to control/direct traffic.

Who is on the Working Group needed to guide this Traffic Management Plan, a group upon which CBC clearly needs to be represented?

Supplementary response from Cabinet Member Finance & Community Development

The event organiser was responsible for providing the Traffic Management Plan and any request to sit on a working group would be considered by the Council, at the time of it being received.

16.

Question from Ken Pollock to Cabinet Member Sustainability (Councillor Whyborn)

Will you not acknowledge that, knowing (since earlier last year) about this event scheduled for 8th and 9th September 2012 (and The Leader and Chief Executive having declared their "support" for it), your ‘omission’ to even mention it in the recent Planning Application for Events in Imperial Gardens (whilst leaving a nominal spare capacity of 5 days) looks like deliberate scheming?

Response from Cabinet Member Sustainability

Not at all. The Expo promoters initial requests for use of Gardens were not at all well defined. However within the last few days they have confirmed that they will not be using Imperial Gardens in 2012. However the Town Hall has been booked during the weekend of 8^th/9^th September.

Supplementary question from Ken Pollock

As the 2012 event is now booked (in the the Town Hall) and is just 6 months away, and as Chief Executive North and Leader Jordan have declared their public approval of it (at the Montpellier Chapter), should you not be answering today's public questions rather than saying 'not got all the details yet' or 'go and ask the County Council or the Police'?

Supplementary response from Cabinet Member Sustainability

The Cabinet Member took exception to the insinuation that he had been economical with the truth or disingenuous in any way.

17.

Question from Mary Nelson to the Leader (Councillor Jordan)

At the Cheltenham Motor Sport Forum held at the Montpellier Chapter Hotel in July last year, attended by Chief Executive Andrew North and Leader Cllr.  Jordan,  the following statement (verbatim) was made by Cheltenham Motor Sport’s co-director, Peter Allison:

“We have an outline agreement in place that was arrived at in August last year (i.e. 2010) between Cheltenham Borough Council which will lead the legislative process with strong support from Gloucestershire County Council and Cheltenham Motor Sport.   That is the partnership that will be moving forward to look at the legislation that is required.”

Regarding  the above mentioned legislation (Road Traffic Regulation Act (Special Events)) Cheltenham Motor Sport’s website makes the following statement:

If we were successful in getting Parliament time, then at the very best, the timescale for the process would be 8 – 10 months.   If there is consultation required and other public processes, then it could be up to 2 years.     Financially, if we were to have the best route through the process we could hope for, then we would be looking at approximately £30k - £40k.    If there were delays and again, consultation etc., we could easily be getting up to in excess of £200k.

Can the Leader confirm whether this “outline agreement” was made in verbal or written form, which officers and councillors were party to/involved with or informed of the existence of the agreement, and whether there has been any agreement or pledge by Cheltenham Borough Council to fund any of the estimated  £30K to £200K expenses  involved in this legislative process, either directly by paying the application and legal costs, and/or by CBC providing officers’ time free of charge on behalf of Cheltenham Motor Sports?

Response from the Leader

While neither the Expo 2012 nor the street racing is a council event, the organisers Cheltenham Motor Sports have made presentations to a number of groups including a joint meeting of the cabinet and board of directors of Cheltenham Borough Council. This meeting felt the idea was worth pursuing although there was no written agreement. The responsibility for getting agreement to any aspect of the event that needs approval remains with the organisers. 

The council has agreed to hire the Town Hall and committee rooms in the Municipal Offices to Cheltenham Motor Sports for Expo 2012.

The Expo 2012 was one of 15 events that were recommended for support from the Promoting Cheltenham Fund after being assessed by a panel made up of business representatives and cross party group of councillors. The original bid was for £20k but it was agreed at the 18^th October 2011 cabinet meeting to offer £10k and this is subject to formal agreement depending on the event going ahead. The council is not providing any other funding towards legal or any other costs of the event.

Supplementary question from Mary Nelson

The response doesn’t answer the question of whether a verbal agreement was made?

Supplementary response from the Leader

No verbal agreement was made but as already stated, it was felt that it was an idea worth pursuing.

18.

Question from Mary Nelson to the Leader ( Councillor Jordan)

Can Cllr. Jordan explain who he was speaking on behalf of (i.e. define his use of the word “we”)  when he addressed the Cheltenham Motor Sport Forum in July 2011 and said (verbatim as recorded):

“........we thought this was a great idea.   We are keen to make this one happen and I think the good news is - if I worked it out correctly time wise -  we are over half way to making this happen”

and does he consider that by making the above statement he might have overstepped his elected authority and paid too scant a regard to democracy, bearing in mind that few councillors were aware of the proposed Motor Sport events until recently, yet discussions had been ongoing for 3 years and an outline agreement with CBC had been reached a year earlier in August 2010?

Response from the Leader

The organisers, Cheltenham Motor Sports, have made presentations to a number of groups including a joint meeting of the cabinet and board of directors of Cheltenham Borough Council. This meeting felt the idea was worth pursuing, but that the organisers would clearly have considerable work to do before any event could take place. 

Cheltenham welcomes a wide variety of events which benefit both the economy and culture of the town. The cabinet is keen to encourage new events and council has set up the Promoting Cheltenham Fund to do just that. My view is that this event will be good for Cheltenham and it is entirely appropriate to say so. However, this in no way removes the need to get approvals for any specific aspects of the event that may need it.  This responsibility remains with the organisers. 

It would be surprising if “few councillors were aware of the proposed Motor Sport events until recently” since there have been regular stories in the Gloucestershire Echo since April 2010 outlining the emerging plans of the event organisers.

Supplementary question from Mary Nelson

The statement of support implies that some form of democratic agreement or approval was achieved, is this the case?

Supplementary response from the Leader

I refer you to my previous supplementary response.  There was and should be a distinction between opinion and responsibility.