Decision details

To provide information about the Memorial Gardens Lancaster and Mitre House Lancaster as requested at Cabinet on 23rd April 2013 (minute no. 149 refers).

(Cabinet Member with Special Responsibility Councillor Hamilton-Cox)

Cabinet received a joint report from the Head of Environmental Services and Head of Resources to provide information in respect of Mitre House Car Park and Lancaster Town Hall Memorial Gardens in accordance with Minute 149 as further information had been requested on those two proposed projects (Cabinet meeting 23 April 2013 refers).  The options, options analysis, including risk assessment had been set out in Cabinet Minute 149. 

• Mitre House Car Park - Why were the repair and maintenance costs included in the report (23 April 2013) not included in a previous report submitted to Cabinet in November 2012?
• Lancaster Town Hall Memorial Garden Railings - Subject to gaining clarification on any listing, what options were there other than refurbishment of the railings to the memorial gardens?

Thereport provided additional information on these two projects, and sought approval for them to go ahead as originally planned.

Mitre House Car Park

The November report provided background information on the status of the car park and outlined options for the future management of the car park. Although the report considered by Cabinet in November 2012 dealt with both the financial and strategic issues, the financial appraisal was close and therefore it was considered that the decision reached was primarily based on the strategic issues.  Therefore, the indicative cost of £60K for the works required to the structure, although not available for inclusion at the time of writing, was essentially immaterial because under the terms of the lease a surrender would have resulted in the landlord serving a schedule of dilapidations requiring the Council to carry out the work or alternatively considering the issue as part of financial settlement.  The financial liability for the repairs would have remained with the Council in both the retention and surrender scenarios. 

Lancaster Town Hall Memorial Garden Railings

The recent condition survey of the Memorial Garden provided an indicative cost for refurbishment of the existing railings although this was not seen as the only option.  At the time there was some doubt around listed status of the railings because they were erected some time after the construction of the main building. However, further research had been undertaken and the relevant legislation stated that:

“Any object or structure fixed to the building; or any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before 1st July 1948, shall be treated as part of the building”.

Unless any further information came to light, removal of the railings would require listed building consent and it was the opinion of the Conservation Officer that removal or replacement of the railings would not be granted consent and therefore refurbishment was the only option. 

The officer preferred option was to proceed with both projects.

Councillor Hamilton-Cox proposed, seconded by Councillor Sands:-

“(1)      That the recommendation, as set out in the report, be approved.”

Councillors then voted:-

Resolved unanimously:

(1)        That the Mitre House Car Park Works and Lancaster Memorial Gardens Railings Refurbishment projects be completed in this year, as part of the Year 1 Delivery Plan.

Officer responsible for effecting the decision:

Head of Resources

Reasons for making the decision:

The decision seeks to ensure that the Council’s property portfolio is fit for purpose in terms of supporting the Council’s corporate plan and policy framework, recognising the financial pressures.  The proposed building works would address any related statutory responsibilities.