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This item was introduced by Councillor Higgins, as the Portfolio Holder for Commercial Services, and the Committee heard that Colchester Borough Council had received an award from the Local Government Chronicle for being the Entrepreneurial Council of the Year. She offered her thanks to Officers for their continued hard work under difficult circumstances, and cited the Northern Gateway project as just one example of this. She explained that many of the projects being undertaken by the commercial companies were innovative and aimed to enhance the Council’s green agenda and the work being done in respect of the climate emergency, and in spite of the current difficult circumstances would provide a dividend to the Council this year.
Councillor Nick Barlow addressed the Committee in his role as Chairman of Colchester Commercial Holdings Limited (CCHL) and also praised staff for their ongoing hard work over the year, which would lead to a dividend still being provided. He referred to the previous meeting of the Governance and Audit Committee, when the external auditor had commented on the potential conflict of interest between the duties of the Chief Executive who was also the Managing Director of CCHL, and explained that these issues would be discussed at the next CCHL Board Meeting with a view to resolving them fully.
Andrew Tyrrell, Client and Business Manager, attended to present the report and assist the Committee with their enquiries. Andrew explained that the CCLH overall Business Plans were public and contained all necessary information, but that more detail was available to Members in the subsidiary Business Plans which were confidential due to their commercial sensitivity. The Committee received a presentation outlining the role of CCHL, and hear that the Council, as the sole shareholder, was able to completely influence all the companies activities, and align those with the aims of the Council. He commented that the three different commercial companies offered resilience during difficult times, as their markets were affected differently during a crisis such as the current pandemic, enabling cross-subsidisation to enable a profit to be returned.
The Committee heard that due to the difficulties of the past year, the activities of the companies such as estate management, capital projects construction and event planning had been affected negatively in various ways. The events programme had been hit particularly hard with the cancellation of the vast majority of bookings, and building works on the capital projects had been forced to cease for some periods of the year until construction could be safely continued, and delays were still being caused by required safety rules. In spite of the difficulties, some significant milestones had been achieved, including the broadband network which had secured funding and been commenced in the current financial year, and the lockdown conditions had allowed the infrastructure necessary for this to be installed over the summer with little disruption to shops in the area. An upgraded digital Closed Circuit Television System was also installed at this time, and the works were able to be aligned with pavement repairs carried out by Essex County Council.
A further positive had been the commencement of construction on the Northern Gateway ‘Walk’ and the completion of the sports park which had enabled the rugby club to move to this location. The work that had been commenced on ‘The Walk’ had incorporated laying the infrastructure for the heat network and ultra-fast broadband, which was made possible through a planned approach and cooperation between the companies. The Northern Gateway Development was described to the Committee as being leisure led, and would be a regionally significant resource for all, featuring sports pitches, an archery range and cycling facilities for all abilities. The themes in the development of encouraging healthier lives and supporting economic recovery were echoes of the Council’s own aims, and were enabled by the close alignment of the companies and Council.
Andrew referred to the award received from the Local Government Chronicle, and drew particular attention to a comment made by the judge on Colchester Borough Council’s entry, “There is a good blend of governance and accountability” and felt that it was very reassuring that an independent judging panel had offered these comments.
Paul Smith, Group Commercial Director, addressed the Committee to outline the proposed Business Plans. The Committee heard that companies had an extremely close relationship with the Council, and the proposed Business Plans had been formulated in discussions with Senior Management Team, and each of the commercial companies Board of Directors prior to submission to Cabinet in March 2021. Paul outlined some of the services provided by each of the three subsidiary companies, and explained that draft Business Plans were forward looking towards the summer months, when it was hoped that the coronavirus vaccine would allow more normal activity to resume. The Committee heard that Colchester Amphora Trading Ltd (CATL) managed the commercial portfolio, and had recently been able to undertake the provision of housing valuation fees included within the ‘100 Homes Project’. He explained that CATL was responsible for the delivery of some of the capital projects of the Council, including the Northern Gateway Sports Park. Included in the Business Plan for the coming year were further development of ‘The Walk’, the new fibre broadband network, community facilities and Town Deal advance works. In addition to these projects, CATL operated the CCTV system in the town which had been upgraded to a very high quality digital system and would be the benefit of increased coverage in the town. CATL also provided the Helpline service, which had been of critical importance during the covid pandemic under difficult circumstances, and had operated with reduced income from the local Clinical Commissioning Group and Essex County Council contribution to income, which had been accounted for in the Business Plan going forward, together with other costs and income which had been adjusted for inflation. The events programme had been devastated by the pandemic, with staff being placed on furlough, but it was hoped that income would gradually improve through the year as larger scale events and weddings were able to be held again. The projection for the coming year erred on the side of caution, with August being targeted as a realistic date for the commencement of events, with the expectation that there would still be some restrictions in place then. Additional expenses were anticipated as all future events would be run on a modern, cashless basis, although it was anticipated that the ability to make use of the Old Library Building would assist with income generation.
The Committee heard that Colchester Amphora Homes Ltd (CAHL) had delivered completed properties at the Creffield Road site, and the Business Plan contained projected assumptions on new strategic completions in the period 2022 to 2024. The garage site income projection had been on a modest based on thirty five new homes being delivered.
Turning his attention to Colchester Amphora Energy Ltd (CAEL), Paul explained that a delay in the planning process had lead to a delay in heat sales, and that the heat network was now projected to make a loss until 2025-2026. The projected loss was not, however, a significant one, and income from heat sales was expected to rise in line with new housing, commercial units and the medical centre being completed.
Paul outlined to the Committee the projected profit for distribution that was in theory due to be paid to the Council, and explained that this money could be taken as a dividend, repayment of loans or left with the commercial companies to allow them to build up reserves to support development projects and the aims of the Council more effectively in the future. The Committee heard that for the year 2021-2022, the projected profit was very low due to the lack of house sales from Mill Road and the devastated events business. Looking to years two and three of the proposed Business Plans, there was a dramatic shift upwards in the surpluses created as the events business and housing sales returned to normal functioning.
In summary, Paul explained that the three different companies were inward looking technical companies designed to not only support the services of the Council but also to try to grow and be commercial successful beyond that, and in operating in this way there are other ancillary benefits that are generated by working together. The attention of the Committee was drawn to the provision of new housing, where CAHL was committed to delivering 30% affordable homes, in contrast to private developers who were not delivering this target, citing lack of financial viability as the reason.
Councillor Pearson reminded the Committee that the Governance and Audit Committee acted as the Shareholder Committee, and drew the attention of the Committee to the decisions that they were being asked to make around the draft Business Plans for 2021-2024, and the proposed plans for the future.
Councillor Dundas questioned how the companies were guided in their activities between balancing taking a profit-driven commercial approach to projects and prioritising the social or green elements of their work. He leant his support to having a rolling three year Business Plan, particularly given the changes that had been seen in the housing provision since the formation of the commercial companies. Councillor Dundas commented that much of the housing development undertaken had been on Council land, and therefore straightforward to deliver, and he enquired what forward thinking had been done to ensure projects were able to be delivered into 2027 and beyond. He requested clarification on the distinction now drawn in the Business Plans between profits now available for distribution and past dividends.
Adrian Pritchard, Chief Executive of Colchester Borough Council and Managing Director of Colchester Commercial Holdings Ltd, responded to Councillor Dundas and explained that the issues he raised were the subject of debate at CCHL Board level, and also at the Cabinet of Colchester Borough Council. He cited the example of CAHL and explained that the decision to provide 30% affordable housing was entrenched within the company, even though profits of several million pounds could have been obtained had the company functioned in the same manner as a private developer. Turning to CAEL, he stated that there was no intention to make a significant profit out of energy supply via the heat network, and the project was designed to support the Council’s ‘green’ credentials, even though providing power to the Northern Gateway Development could have been achieved more profitably using fossil fuels. Adrian commented that the activities of CATL were less clearly geared towards supporting the community agenda of the Council, although the events that had been organised were designed to drive up footfall in the town, and raise the profile of Colchester, which would in turn boost the local economy. The events side of the companies was, however, the most driven by commercial principles. Adrian emphasised the continuing need for dialogue around these issues in the future to ensure that as situations changed the correct balance was maintained between commerciality and public sector priorities. Councillor Barlow supported these comments and confirmed that the company parameters and goals were set by the Council in its role as shareholder, and it was up to the Board of Directors of the companies to determine how to deliver those goals, which may be changed at any time in accordance with the wishes of the Council.
Paul Smith explained that when Colchester Northern Gateway was approved, part of the funding agreement was that the money generates from house sales would be used for paying back the loans that were taken out by the Council to fund a significant capital project. Although the accounts of the company would therefore show a profit, the Council may choose not to treat this as a dividend, but treat it as a surplus and use the cash to pay back the funding mechanism that was used to take the Gateway project forward. He felt that it was important to understand that although Amphora was still performing well, the Council may chose in the future to use surplus to rep[ay loans, creating the misconception that the company was returning lower dividends than expected, and this is why the phrase “surpluses for distribution” was now used when referencing the profits of the companies. With regards to the future development opportunities queried by Councillor Dundas, Paul confirmed that the individual Business Plans which were not part of this public meeting, contained detailed information for future intentions.
Councillor Willetts offered his full support for a rolling three year Business Plan, with the Plans being reviewed each year, and he enquired what political direction was being given to the companies with regard to how much profit they could make, noting that areas such as leisure facilities could be run at cost and seen as a community benefit, or run in such a manner that a profit was generated. He made the further point that he Business Plans for the next three years tended to be focussed on the urban areas of the Borough with regard to improving the broadband and CCTV coverage with even larger rural villages seemingly left behind. Councillor Willetts noted that the parking services provided by the Council were one of the largest income generating services, and he wondered whether there was any intention to bring this operation into the companies in the future.
Councillor Higgins explained that the political direction of the companies was tied in with the strategic and political direction of the Council as a whole, and the projects that were being delivered were designed to help and support the community. She cited the examples of provision of 30% affordable housing, and the heat network, and made the point that there was the opportunity to make large profits from these activities, but the Council had chosen not to do so because that was not the way it wished to approach things.
Paul Smith addressed the comments made in respect of broadband and CCTV, explaining to the Committee that grant funding for the full fibre broadband had been obtained and was part of an ongoing project to install infrastructure which currently served north Colchester, but would incorporate south Colchester in the coming years. This infrastructure would then be used by statutory providers to roll enhanced broadband services out to the rural areas in the fullness of time, and this network would also be utilised in the extended provision of CCTV coverage.
Adrian Pritchard confirmed that over the coming financial year, a full review was to be undertaken of the services provided by the Council, with a view to seeing whether it was appropriate for them to be moved into CCHL if it was considered possible to increase the profit made to provide necessary support to the Council’s financial position. With regard to the parking service, he explained that North Essex Parking Partnership was composed of a number of Authorities, all of whom would have to agree for the activity to be taken over by a trading organisation, and that income generated by parking was ‘ring fenced’ and could not be used to cross subsidise other services provided by the Councill or for profit.
Councillor Hogg welcomed the Business Plans, in particular the provision of the sports park and affordable housing, but questioned the provision of CCTV and broadband out to rural areas, and whether Officers could see any limitations with this provision and provide an indication of the timescales envisioned.
Councillor Goacher questioned the suggestion that profits generated by CCHL be put back into the companies as reserves, and asked what benefits to the Council this would bring, particularly in the current difficult financial climate. Adrian Pritchard explained that leaving some money in the reserves of CCHL gave the companies some resilience for the future, and obviated the need for them to approach the Council to ask for additional funding if financial difficulties were encountered. He further commented that having some funds in reserves would allow the companies to operate in support of their long term goals without having to continually ask the Council for small sums of money, and that any use of money held within the companies was extremely transparent via the published accounts. Although it was for the Council to make the final decision, Adrian considered that this was the best, cleanest, most transparent way of running the companies. Councillor Barlow confirmed that leaving money in company reserves would be a decision taken by the Council on a financial basis, and that reinvestment of some money was necessary to continue to make profits in the future, and that any use of profits and reserves would be the subject of an ongoing dialogue.
RECCOMMENDED TO CABINET that:
- The draft Colchester Commercial (Holdings) Limited Business Plans for 2021-24, and the subsidiary companies; be agreed.
- There a shift to a ‘rolling’ three-year Business Plan period model to replace the set three-year Business Plan period.
- The achievements of the Council’s companies in 2020/21 and the ongoing governance arrangements which are in place be noted.