Agenda item

(1)       The Ashford’s Future Delivery Board is an informal partnership comprising the key organisations with a role to play in delivering successful, sustainable growth in Ashford.  The founding partners comprise of Ashford Borough Council, the County Council, the South East England Development Agency (SEEDA) and English Partnerships (EP).

(2)       Whilst the informal partnership had worked effectively to date, the Ashford growth area was entering a new phase of delivery.  Given the scale of infrastructure that needed to be provided to support the doubling size of the town, it was acknowledged that Ashford’s Future Partnership would need to adapt and strengthen its programme and project management capacity.  Accordingly, it was proposed that the current arrangements be revised to ensure the efficient delivery of key projects and the securing of resources.

(3)       Cabinet noted that it was proposed to rename the current Ashford’s Future Delivery Board (AFDB) to The Ashford’s Future Partnership Board (AFPB) and to put in place revised membership arrangements.  The AFPB would continue to be a public sector-led partnership retaining the responsibility for developing and championing the overall programme of development for Ashford.

(4)       A Partnership Agreement between the four founder partners, Ashford Borough Council, Kent County Council, SEEDA and EP would be established through a formal (though not a legally binding) decision making framework and would replace the existing informal arrangements on which the partnership had been operating.  Partner decisions would include the formal approval of the programme for development and agreeing funding priorities, committing founder partners to support the growth agenda, the allocation of Growth Area Funding and similar monies and in the future – tariff funding.

(5)       The AFDB had also agreed on the incorporation of a company limited by guarantee to act as a Special Purpose Vehicle (SPV) to support the delivery of the Ashford’s future programme.  The company would have four public sector directors and four private sector directors including a private sector chairman, Robyn Pyle.

(6)       The founding partners were each in the process of seeking their necessary approvals to participate in the SPV and revised AFPB.  The proposed SPV would ensure:-

            (a)       the delivery of key projects to include bringing forward town centre sites where a number of different partners are involved in delivery, addressing a number of infrastructure constrains, (including transport and flood risk management) and provided a more focussed better co-ordinated and better resourced structure.  Attached to the report was a list of priority projects for the SPV which had been endorsed by the AFDB; and

            (b)       to provide a programme management function on behalf of the AFPB.  In this role, the SPV would ensure that all organisations with a responsibility for projects were identified in the Partnership’s Programme for Development, were delivered on time and on budget and would report to the AFPB. 

(7)       Cabinet noted the staffing and structure for the SPV including the implications for the County Council which included legal issues, financial implications, partner role contributions and risks. 

(8)       Cabinet agreed that subject to:-

(a)       a full risk assessment being undertaken by the Chief Executive and the Director of Finance on the consequences of decisions made by the AFDB and the SPV;

(b)       the Director of Law & Governance reviewing and approving the proposed reporting regime of the SPV to the AFPB and being satisfied this facilitates robust scrutiny by the AFPB as Programme Management function; and

(c)        approval of finalised arrangements by EP, SEEDA, DBERR (if required in respect of EP and SEEDA) and DCLG in respect of all AFPB and SPV arrangements and in particular in respect of DCLG’s funding of such arrangements, that:-

(i)         to the County Council become a member of Ashford’s Future SPV;

(ii)        authorise Kent County Council entry into a Partnership Agreement and Members’ agreement as outlined in the report to Cabinet;

(iii)       to make appointments to represent the County Council on the AFBP and of a representative to attend general meetings of the SPV and exercise the County Council’s voting rights as a member of the SPV on behalf of the County Council;

(iv)       to delegate sufficient authority to such appointees to enable them fully to exercise the rights and discharge the duties relating to such appointments, acting as necessary of such in consultation with the Director of Law and Governance and Director of Finance;

(v)        to nominate a director on the SPV Board to manage the company on behalf of the company members on such terms as the Director of Law and Governance shall approve;

(vi)       delegate authority to the Managing Director of Environment and Regeneration in consultation with the Cabinet Member for Environment and Regeneration and the Director of Law and Governance to approve the final versions of the following document on behalf of the County Council:-

-                 the SPV Memorandum and Articles Association;

-                 the Members agreement;

-                 for the Partnership Agreement and authorise the Director of Law and Governance to execute those documents on behalf of the County Council.

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(vii)      to request all County Council Managing Directors to consider the implications of the proposed Ashford’s Future SPV and programme for development on their service areas; and

(viii)     note that a further report will be submitted, seeking approval of the terms of the Ashford’s Future Programme for Development for SPV Business Plan.