COUNCIL 18/6/2013 – FOR INFORMATION
AGENDA ITEM 16
BOROUGH OF POOLE
ENVIRONMENT OVERVIEW AND SCRUTINY COMMITTEE
MONDAY 3 JUNE 2013
PROPOSALS TOWARD A LONG TERM STRATEGY FOR PUBLIC TOILETS
PART OF THE PUBLISHED FORWARD PLAN YES
STATUS Strategic
1. PURPOSE
To provide members with an update on the progress of the Public Toilet Review approved by Committee in November 2011 and to seek approval to proceed with the identified strategy. Recommendations for phased closure of Macaulay Road (Broadstone) and implementation of a Community Toilet Scheme were discussed and unanimously supported at the earlier meeting on 8th May.
2. DECISION(S) REQUIRED
2.1 That members recommend to Council the adoption of the strategy set out in this report, i.e. phased closure of The Pilot (Adastral Square, Canford Heath) public toilets and implementation of a Community Toilet Scheme. Any savings identified will be re-invested in other public toilet facilities.
2.2 That members note the other opportunities for changes to public toilet provision set out in the report which will enable sustainable long term provision.
2.3 That officers continue to develop options for future provision of public toilets and apply the approach set out in the November 2011, bringing forward opportunities for consideration by this committee.
3. BACKGROUND/INFORMATION
3.1 The Council is responsible for the maintenance of 30 public toilets 4 of which are modern modular toilets installed in the last 5 years but the majority of which were built between 1960 and 1980.
3.2 The toilets have received very little investment in building maintenance over their lifetime and are now approaching an age where costly refurbishments are required to maintain the integrity and safety of the buildings.
3.3 The current estimated cost of refurbishing the toilets exceeds the budget for programmed maintenance works; therefore it is necessary for the Council to explore alternatives to current provision as there is no scope to increase overall spending on public toilets.
3.4 Lack of available funding for refurbishment works leads to the risk of a toilet building becoming unfit for use; unplanned closure for health and safety reasons; and the escalating negative public perception of a building’s cleanliness when this appearance is caused by deteriorating décor.
3.5 Condition surveys carried out by the Council’s Property experts to public toilet buildings indicate the value of required works to a building and suggest the likely date that the works will be necessary. In 2014, the total value of these works required is £156k.
3.6 The estimated value of works required to maintain all 30 of the toilet buildings to a satisfactory standard in future years is £1.3 million, while the Council’s budget for proactive maintenance is £16k per annum, along with a budget for response repairs of £60k. It should be noted that response repairs also covers works following vandalism and day to day usage so it is usual for a large proportion of this budget to be spent on repairs that are outside of the scope of building condition surveys.
3.7 Using portable electronic people counters, data was collected at each of the public toilets on the number of people entering a facility. This data, together with an assessment of the potential alternative facilities in the vicinity of the toilets was used to draw up a list of potential sites where alternative provision of publicly accessible toilets, such as the Community Toilet Scheme, could be trialled.
3.8 The Community Toilet Scheme, which has been successfully implemented in a number of other local authorities in England and Wales, is a way of increasing the availability and quality of publicly accessible toilet facilities through a partnership between the local authority and local businesses and community buildings. Under this scheme participating local businesses and community organisations receive a fee from the local authority for entering into an agreement to display a promotional sticker in the window and to welcome members of the public to use their facilities whether they are customers or not.
3.9 From this shortlist of sites based on usage data, Macaulay Road and The Pilot (Adastral Square) were chosen to explore further. Both of these buildings are over 50 years old and in need of substantial reinvestment. Condition surveys estimated the cost of refurbishing The Pilot at around £55,000.
3.10 For Macaulay Road, there is no equivalent condition survey data available as surveys have not been carried out because the building is not a Borough of Poole asset. The freehold of the public toilets belongs to the land owner at the time the toilets were built.
3.11 No further information is available at present about the lease arrangements for Macaulay Road as there is no known documentation regarding the ownership and lease of the building.
3.12 According to data collected at these locations using data counters, demand for toilets is within a narrow time period (around mid-morning and lunchtime) so that we are currently providing a service that exceeds demand. Furthermore the number of visitors at peak times does not justify the number of individual toilets provided at these facilities.
3.13 Both toilets have in the past attracted drug abuse and anti-social behaviour and consequently members of the public may perceive the unattended toilets in these areas to be unsafe. The Community Toilet Scheme has the advantage of giving the public a choice of facilities which can offer better assurance of quality and safety than can be provided in an unattended facility.
3.14 In the event of a disabled cubicle in the public toilets being subject to vandalism or disrepair, we have not been able to offer alternative accessible provision. The Community Toilet Scheme offers a better quality of provision for persons with a disability than can be provided through traditional public toilets because it increases the number of DDA compliant toilets available. This is an increasingly important consideration given Poole’s ageing population.
3.15 The budgeted cost of running these toilets in 2013/14 is £40k (Pilot £16,800, Macaulay Rd £23,200), of which £28,100 is variable controllable cost. In the longer term this is set to increase due to the amount of refurbishment required, and the continual degradation of the facilities.
3.16 The Pilot was closed in 2008 for a period of 4 months following a serious arson attack, and very few concerns were raised from local residents. During this period the library toilet was made available to the public and library staff reported that a few members of the public asked to use this toilet.
3.17 Several businesses and community organisations within the Canford Heath and Broadstone areas were contacted to gauge interest in joining a Community Toilet Scheme. Benefits to these small businesses will be increased footfall and publicity and a contribution to operating costs from the Council.
3.18 Positive responses were received from:
Mitchell Road Surgery
The Oakdale Inn
Costa Coffee
Molly’s Café
The Junction Sports and Leisure Centre
Hadleigh House Surgery
3.19 In addition to the above, public toilets would be made available at Canford Heath library and Broadstone library during opening hours.
3.20 It is proposed that Macaulay Road and The Pilot (Adastral Square) toilets are locked and made secure for a trial period of 12 months starting from 1st August 2013 during which the Community Toilet Scheme will be trialled. By leaving the facilities open it would be impossible to evaluate the success of the Community Toilet Scheme.
3.21 Cultural and Community Learning Services have indicated their approval for the scheme to go ahead on the condition that remedial works to the library toilets are carried out to improve the quality of the toilets and the security of staff areas.
3.22 Other Areas of work achieved through the project to date
3.21.1 Lake Pier
Environmental and Consumer Protection Services (ECPS) is currently scoping a joint project with Poole Harbour Canoe Club to build a boat store which will incorporate public toilets on the site of the current public toilet building. As part of this development we will look into the feasibility of the canoe club taking responsibility for the maintenance and upkeep of these facilities, which will include a boat store and publicly accessible toilets. The project has the potential to replace a valued and well used facility which is in need of extensive refurbishment at considerable cost while at the same time meeting the needs of a community club providing recreation opportunities for local people.
3.21.2 Upton Country Park
ECPS, with Upton Country Park management team in Cultural and Community Services, is investigating an opportunity to obtain benefits for the park and for the public toilets by transferring responsibility for the cleaning and maintenance of the two public toilets within the park. This has the potential to enable the Council to find efficiencies within the cleaning contract and to find opportunities to harmonise this service with other park facilities, and new ideas that are being developed through the Upton House Management Plan. In addition, the charitable and community funding that is obtained at Upton House could further ensure the sustainability of these facilities in the future.
3.21.3 Hamworthy Co-op
We have had negotiations with the Co-operative group regarding the release of the land on which the current public toilet block stands (and for which the Council owns the freehold) to the Co-op, and securing publicly accessible toilets within the new store. Whilst we have an agreement with the Co-op estates department about this, it is unclear when the store will be built.
4. FINANCIAL IMPLICATIONS
4.1. A cost saving of £24,875 can be achieved by mothballing Macaulay Road and The Pilot public toilets during the trial period. This is achieved through a saving on utility bills, cleaning costs, maintenance costs and a one off 3 month exemption from non-domestic rates. The reduction in rates is only applicable for the period of 3 months and thereafter full non-domestic rates will apply even though the building is closed.
4.2. The anticipated cost of the scheme including payments to participants, publicity, legal costs and securing the toilets is £7030. Providers of Community Toilets will be offered a payment of between £400-900 per annum depending on the type, number and availability of toilets offered, to be agreed on an individual basis. After the scheme has been set up the annual running costs will drop to cover the payments to participants and a smaller amount for publicity only. The scheme will be administered within an existing team within ECPS.
4.3. The net saving to be made from closing the toilets during the trial period is £17,845.
4.4. If the temporary closure were to become permanent, options for the disposal of the public toilet buildings would need to be considered to avoid liability for non domestic rates and maintenance of the vacant buildings and a potential income from the sale.
Current costs / Potential Savings yr 1Utilities / 5500 / 5500
Cleaning / 14100 / 14100
Non domestic rates / 4300 / 1075
Repairs and building maintenance / 4200 / 4200
TOTAL / 28100 / 24875
Estimated cost of CTS
Payments to participants / 4500
Securing toilets / 1000
Publicity and promotion / 1000
Legal fees / 530
TOTAL / 7030
Estimated net savings / £17,845
4.5. Savings created through the strategy identified by this review will be reinvested in public toilet provision elsewhere in the Borough. According to condition survey information, the toilets that need reinvestment most urgently are Lake Pier (see separate discussions on Canoe Club development), The Haven, Poole Park West Gate, Shore Road and Branksome Dene Chine.
5. LEGAL IMPLICATIONS
5.1 The provision of public toilets is a non statutory function of the Council.
5.2 It is believed that the Macaulay Road public toilets have been under the management of the Borough since construction, this has been without any form of legal or other agreement. The Borough has no records that it owns the freehold of or has a lease in place; this raises various legal issues which vary depending upon the options.
5.3 Essentially the options available to the Council, which will need to be taken into account when deciding whether the Borough should retain the Macaulay Road toilets or not, include handing the premises back to the Freeholder or applying to the Land Registry to register the land to the Borough of Poole.
5.4 The Borough of Poole owns the freehold interest in the Pilot public toilet building.
5.5 A formal agreement of Terms and Condition will need to be drawn up by Borough of Poole and signed by providers of Community Toilets before implementation of the scheme.
6. PROPERTY IMPLICATIONS
6.1 The Pilot is a Borough of Poole asset but it adjoins the Pilot public house. If the community toilet scheme is judged to be successful it will be necessary to dispose of the asset to prevent further maintenance costs and liability for non-domestic rates.
6.2 Macaulay Road is not a Borough of Poole asset and there is uncertainty over the lease agreement (see above).
6.3 Improvements to toilets in public libraries will be necessary to bring them up to an acceptable standard to open to the public and ensure the security of staff only areas.
7. RISK MANAGEMENT IMPLICATIONS
7.1 Due to the high level of refurbishment required in the toilets there is significant financial risk , of the unplanned closure of facilities due to a building becoming unsafe or un-repairable, if the strategy is not adopted
7.2 Legal risk because of the ambiguity surrounding the Macaulay Road building means that even if we decided not to hand back the toilets to the freeholder we are at risk of a case being brought before the land tribunal if the status quo is maintained.
7.3 There is a reputational risk to the Council if facilities are closed without providing an alternative. In addition, there is a reputational risk from the unplanned closure of a toilet. This risk has been mitigated with initial discussions with local ward members and by already finding interested parties to offer alternative provision of publically accessible toilets in the area.
8. EQUALITIES IMPLICATIONS
8.1 A full equality impact assessment record has been prepared. Overall the proposed Community Toilet scheme has the potential to offer improved fairness in the provision of a public toilet service as members of the public will have access to better quality toilets at times that meet demand and will have more choice.