FoDDC

Five Acres
scrutiny
report
‘Committed to our Community’ 1

Berry Hil ,
2016
-2026
Christchurch
and Edge End
Neighbourhood
Development Plan
 FIVE ACRES COMPLEX SCRUTINY INQUIRY
REPORT TO COMMITTEE

Chairman Councillor Philip Burford

Membership Councillors Carole Allaway Martin, Philip Burford (Chairman), Gethyn
Davies, Brian Edwards, Clive Elsmore, Bill Evans, Bruce Hogan, Len
Lawton, Di Martin, Don Pugh, Marrilyn Smart OBE, Lynn Sterry and Ian
Whitburn

Councillors James Bevan, Frankie Evans, Bernie O’Neill and Marion

Winship
Lead officer (s) Andy Barge, Group Manager for Customer Services
Peter Hibberd, Strategic Director

Start date 25 October 2012

Report to committee 18 February 2013

Summary At the Strategic Overview and Scrutiny Committee meeting on 19 July

2012 a scoping document was received from Cllr Bill Evans requesting a
review on the future of the Five Acres Complex. The Committee agreed
to hold an Inquiry.
The reasons for the Inquiry were to ensure that the council had engaged
and listened to the public through an open and transparent process and
feedback findings to the Cabinet.
An all day Inquiry meeting was held at Lakers School on Thursday, 25
October 2012. The Inquiry took evidence from Council Officers, Local
Organisations and Councillors.
The objectives of the scoping document was to ensure that the public felt
more involved and were satisfied that the Inquiry had been held in an
open and transparent way and the published recommendations would be
followed through.
 FIVE ACRES COMPLEX SCRUTINY INQUIRY
REPORT TO COMMITTEE

Annexes
Annex A - Submissions received at the Inquiry

Desired outcomes
a) To be assured that a full investigation has been undertaken and
evidence gathered from the public and other public organisations
with an interest in the Five Acres Complex site.
b) To make recommendations to the Cabinet on the findings of the
Inquiry and how the Council can help in the future of the Five Acres
Site.

Recommendations See recommendations - section 20 on page 23

Review date(s) July 2013

January 2014
1. BACKGROUND
1.1. On 19 July 2012 the Strategic Overview and Scrutiny Committee received a scoping
document from Cllr Bill Evans and the Committee agreed to set up a Scrutiny Inquiry
consisting of all Committee members to look at the scoping document received on
the future of the Five Acres Complex.
1.2. The Committee Inquiry received and listened to evidence from the Public,
Councillors, Council Officers, Five Acres Gymnastics and Fitness Centre, West Dean
Parish Council, Gloucestershire College, Homes & Communities Agency (HCA),
Lakers School and Governors, St Johns School, Berry Hill Rugby Football Club, Five
Acres Not For Sale (FANS), Dean Forest Voice, Mr Ivor Ellis and Mr Wilks.
1.3. It became evident from information submitted that the public did not feel that they
had been very involved or informed on the whole process relating to the future of the
Five Acres Complex. The public perception was that there had been little public
engagement on the future of the Five Acres site.
1.4. The Group Manager for Customer Services confirmed that the Council was locked
into a Joint User Agreement between the Forest of Dean District Council (FoDDC),
Gloscol and Lakers School.
1.5. The FANS group had been set up from a community that had been angered by a
perceived lack of consultation a community dismayed at the potential loss of its
facilities and a community intent on not only retaining what it has, but to make it
better, for everyone. The group had made connections with West Dean Parish
Council, Dean Forest Voice, Local Residents, Lakers School, Berry Hill Primary
School, Coleford Town Council, FoDDC, and Glos Rural Community Council. The
Inquiry heard that the mission statement for the FANS group was “To work with
partners to improve facilities that encompass culture, education, sport and leisure at
the Five Acres site for a community that deserves excellence. We will work with
others to create a sustainable development which will be a flagship community hub”
1.6. West Dean Parish Council had held public meetings and asked for views relating to
the future of Five Acres. They said that they saw their role as a facilitator between
all interested parties.
1.7. Dr Smith from Gloucestershire College confirmed that the Governing Body had
instructed him to recommence work on relocation of the College to the Northern
Quarter in Cinderford. He confirmed that the design stage should be completed by
the Summer of 2013, at which point costs would become clear and a final decision
on relocation of the College would be made.
1.8. The public had concerns relating to the loss of the Forest Theatre as this was the
only facility of its kind in the Forest of Dean. Evidence that had been received from
Gloucestershire College was that it was not viable to run the Forest Theatre.
Although other evidence received from Dean Forest Voice and other users was that
it was very difficult to book and the Theatre rates were expensive. The Forest
Theatre is the second largest auditorium in the County of Gloucestershire and in
previous years had been very well used and positively promoted, holding many
successful productions. The loss of such a facility in the Forest of Dean would be a
 huge cultural blow and the Forest of Dean District Council had in previous years also
invested in this facility. It had been suggested that it the facility was managed
differently it could be made more viable.
1.9. Mr Warburton, Homes and Communities Agency said that there were no plans for
the Five Acres site at the moment but that they would consult with the community to
develop plans together. The HCA was a national regeneration agency and with
that responsibility came a commitment to engage with stake holders and the
community. He confirmed that there had been a meeting with West Dean Parish
Council and FANS representatives which was a positive meeting to engage the
community and stakeholders. An Enquiry by Design would take place in the near
future.
1.10. The Strategic Director said that assuming the Northern Quarter proceeds, the HCA
would run a participation exercise with stakeholders and the local community with
options for the site.
1.11. Lakers School confirmed that it was owned by a Co-operative Trust which followed
the values of a co-operative society and was community based. The trust was
formed to strengthen the position as a group of schools. The head at Lakers School
confirmed that swimming was not part of the secondary curriculum.
1.12. The Regeneration Manager said that she could possibly offer an element of co-
ordination in moving the vision forward. She said that the HCA would look at the
details of the plans and take the partners through the process.
1.13. The Group Manager for Customer Services confirmed that no individual party in the
Joint User Agreement could give notice to terminate this until 2022 which was 25
years after the agreement had been set up and 12 months notice would have to be
given by any party. If all three partners agreed he said that there could be a joint
mutual agreement of how facilities could be used but not directly linked to assets.
He also confirmed that since 1997 the Council had invested approximately £150,000
into the facilities at Five Acres.
1.14. The Leader of the Council confirmed that the Council should help the community to
deliver their aspiration for the site at Five Acres. He confirmed that the Council were
also working hard to make sure that the delivery of the spine road in the Northern
Quarter was made on time to enable the move of Gloucester College to that site.

2. EVIDENCE
The Inquiry Panel met on Thursday 25 October 2012 taking evidence from the
following witnesses which is summarised below:-
2.1. Andy Barge, Group Manager for Customer Services, presented the background
paper and information on the Future of the Five Acres Complex for the Scrutiny
Inquiry.
2.2. He advised that there were four areas of land on the Five Acres Complex currently
being occupied by:
 • Gloucestershire College Campus (Gloscol)
• Lakers School
• Berry Hill Primary School
• Berry Hill Rugby Club

2.3. He explained the ownership of each of the areas and what was delivered on the site.
2.4. He advised that the Leisure Centre operated under a Joint User Agreement between
the FoDDC, Gloscol, and Lakers School, and that the Council had no land holdings
on the site.

QUESTIONS AND ANSWERS

2.5. Answering members questions Andy Barge, Group Manager for Customer Services
replied that discussions had taken place with key partners on the site including, the
College, Lakers School, and Berry Hill Rugby Club. However, he stated that he had
not had any direct contact with HCA. He said his involvement with partners over the
last 12 months had been advice on how partners could join up together and he had
also put Sport England on their radar. He said that there had been a lack of
information sharing, and that partners have moved on since the Scoping Document
was presented in July 2012.
2.6. He also confirmed that there could be difficulties for this site and that nothing had
been decided yet. He also stated that he had taken on board the strong feelings of
the community and their aspirations for the future.
2.7. The Group Manager for Customer Services confirmed that he did not attend a
meeting that had taken place on 28 September 2012.
2.8. The Group Manger for Customer Services advised that there was a live Joint User
Agreement which was agreed in 1997 for a forty year term. The agreement would
continue annually or could be terminated by the mutual consent of all parties.
2.9. If one of the parties requested to terminate before the agreement had expired, they
would need to give twelve months written notice. A claw back clause within the Joint
Use Agreement provided that an element of the capital could be reclaimed. A partner
could not terminate before 2022; however, if all three parties agreed it maybe that a
variation to the contract could take place including how the capital would be repaid.
2.10. Members referred to a visit which had taken place the previous Monday by members
of the Strategic and Overview Scrutiny Committee to all of the five leisure centres in
the district, reference was made to the condition of the facilities at Five Acres
particularly the swimming pool.
2.11. The Group Manager for Customer Services stated that the situation the Council were
facing depended on the future of Gloscol. He said that he was not aware of anyone
looking at appraisal options and the Council were waiting on the outcome of Gloscol.
 He also confirmed that the Council would be looking at individual partners needs
which would hopefully enable the partners to complement each other on the site.
2.12. The Strategic Director explained that the HCA was in partnership with the Council in
the Cinderford Regeneration project and that there was a Cinderford Regeneration
Board who met with HCA as they were the experts in regeneration and funding. He
suggested that a Coleford Regeneration Board could also be formed. He said that
there was no identified funding as yet and the council had no plan or ideas. He
confirmed that whatever happened next the council would work together with the
community.

3. EVIDENCE FROM LOCAL ORGANISATIONS AND COUNCILLORS

3.1. Mrs Lynn Hammersley, Five Acres Gymnastics and Fitness Centre

Mrs Lynn Hammersley’s statement is attached to these notes at Annex A

Answering members’ questions she said that she had not been directly involved in
discussions relating to the site but did have a vision for the future of the Gymnastic
and Fitness Centre. She hoped that all partners could work together and facilities on
the site would compliment each other rather than duplicate facilities. She confirmed
that she did have a lease with Lakers School and had a good working relationship
with them. She said that she would welcome working in partnership to deliver
excellent facilities for the community. She felt that there needed to be a joined up
vision for the community and an overall plan. She said that residents would not want
to see the loss of the swimming pool. She hoped that everyone could come together
in and have discussions about the future of community, sports and leisure facilities
on the site.
3.2. Cllr Ian Hendy, Mrs E Dyer, West Dean Parish Council

Cllr Hendy’s statement is attached to these notes at Annex B

3.3. Answering members’ questions Mrs Dyer said that until Gloucestershire College had
made a firm decision regarding the college moving to Cinderford there was very little
more that could be done to move forward with partners. Ian Hendy advised that
West Dean Parish Council had held three public meetings and the public were
asking for details of what was happening with the Five Acres site? He said the public
feeling was that the current facilities needed to be expanded to encourage visitors
and support tourism in the area. He said that West Dean Parish Council seen
themselves as a facilitator and that a vital element of that role was dialogue between
all interested parties. He confirmed that dialogue had started with different
organisations and the community and that by tying to bridge any differences he
hoped that a coherent plan would emerge. He said that key to the plan was to try
 and retain as much post 16 education provision as possible whether it be at Five
Acres or close by but it was vital that it was not lost all together.
3.4. Dr Greg Smith Principal, Gloucestershire College
Ms Lynne Craig, Vice Principal of Forest of Dean Campus
3.5. Dr Smith, gave an update on the current situation regarding the proposed move of
the College to the Northern Quarter in Cinderford. He began by saying that up until
two weeks ago plans for the college were uncertain as the governing body had
frozen activity, due to concern over funding for the Cinderford spine road. He said
that reassurances has been given to the Governors and now had been instructed to
recommence work on the relocation and that a tendering exercise to appoint a
development team to deal with the project would start shortly. The design stage
should be completed by the summer of 2013, at which point costs will become clear
and a final decision on relocation will be made. If relocation is agreed it is anticipated
that the new college will open in September 2015. He said without the new spine
road at the Northern Quarter there would not be a new college, and they would
revert to Plan B, and stay at the existing site at Five Acres. He emphasised that the
site at Five Acres needed quite a lot of work as it was in a very poor state. A
feasibility study and site survey had been carried out in 2007 and the majority of the
existing buildings were either grade C, D or E and only one building, the Speedwell
building, was a category B. The shared facilities with the FoDDC were identified as
being in a very poor state. If the College was to stay at Five Acres there would have
to be a large sum of money spent on the existing site.
3.6. Dr Smith confirmed that the governing body had made a decision about its preferred
option and this was to move the College facilities to the Northern Quarter at
Cinderford.
3.7. Answering member’s questions Dr Smith said that the governing body was the
decision making body for Gloucestershire College and its preferred option would be
to move to the Northern Quarter site in Cinderford. However, there was uncertainty
about the new spine road and what was under the ground. Gloscol were unable to
move forward until the go ahead of the spine road had been confirmed. There had
been an intention to build the spine road in three phases but this would take too long.
There is now an undertaking to deliver the road in one phase. A final decision on
relocation would not be made until next summer 2013 when the College had all the
details and facts on build costs.
3.8. Dr Smith said that there was no intention to move the College back to Gloucester
and he had a genuine belief of the need for further education in the Forest of Dean.
In the previous five years the student numbers had fallen from 1200 to 600 and a lot
of students from the Forest (75%) were going to Gloucester and Cheltenham
Colleges. He said that the bigger solution was for a Tertiary College with a sixth
form having close connections with feeder schools from the Forest of Dean.
3.9. Dr Smith confirmed that Dene Magna had agreed to share a sixth form on the site
and said that at the moment pupils were leaving at 16 and going elsewhere. He
believed that to keep students in the Forest the whole process needed to be joined
up from age 11.
3.10. Ms Craig said that the only viable way to keep the College was to increase student
numbers. She said that the College’s other site at Mitcheldean had very low student
numbers for construction and engineering and improvements would be required to
both sites if the College did not move. She said she was a governor at the Forest
EACT and was working with Whitecross School. She hoped that eventually there
could be some agreement with Lakers School.
3.11. Dr Smith said that the College site had been sold to the HCA and they would make
any decision about future facilities. He said that they would be speaking with the
local community and any questions relating to the Theatre would be best directed at
them. He did confirm that Gloucestershire College run the Theatre at the moment,
providing a renting service and it was also still used as part of the curriculum. He
confirmed that the College had a lease for the Mitcheldean site until a final decision
had been made relating to the move of the College.
3.12. Ms Craig said that the Theatre was not a sustainable performance space at the
moment.
3.13. Dr Smith said that the aim for the college was to have a sixth form centre including
vocational and community use space.
3.14. Ms Craig said that she was a governor at the Forest EACT and was working with
Whitecross School. She hoped that eventually there could be some agreement with
Lakers School.
3.15. Dr Smith confirmed that it is was the governors of the College who decided the future
of the College and not the principal. Gloscol had Forest of Dean Governors and
Forest of Dean Advisory Groups who supported the new College. He stated that he
wanted to see a thriving sixth form in the Forest of Dean as at the moment it had ‘
lost its way’.
3.16. He said that it was not his intention to reduce education for adult learning and the
aim of the new College was to continue with the successful apprenticeship schemes.
3.17. Ms Craig advised that every week the College was closing a class because there
was not enough interest from students. She said there needed to be a review on
what courses were available as the College was not hitting the current market. She
confirmed that it was currently open two nights a week, a consultation needed to be
done to find out what the community needed and wanted.
3.18. In response Dr Smith said that Hartpury College was a successful College and since
they had introduced A levels there was competition which could have a detrimental
effect on the Five Acres College.
3.19. Ms Craig said that the College worked with Robert Young School and expected to
have students from that school. She reiterated that competition was rife.
Cllr Burford enquired if the Governors minutes from the College were available for
the evidence gathering information.
4. NIGEL GIBBONS - OFFICER BRIEFING ON CORE STRATEGY/ PLANNING
4.1. Nigel Gibbons, Forward Plan Manager advised that the Council now has an adopted
Core Strategy. The Core Strategy lasts for 20 years from 2006-2026 and provides a
basic steer, on planning including setting allocations for housing, employment and
other uses together with general protective policies, i.e. forest waste. The Core
Strategy defers to the Local Plan for settlement boundaries.
4.2. The Forward Plan manager advised that the Five Acres site was included in the
settlement boundary but was not covered by any notations, with the exception of the
Rugby Club which is protected it’s for use. This notation does not protect the space
as amenity land, it protects the use. The Core Strategy would protect general
amenity, recreation and community facilities. He advised that there may be other
protections for the site such as playing fields if they provided district-wide facilities.
4.3. The Forward Plan said that in terms of housing allocations there is an assumption
that most of the housing numbers for Coleford will be met, by Angel Farm, Owen
Farm and another allocated site, at Poolway Farm. Given these allocations there is
limited allocations available between now and 2026.

QUESTIONS AND ANSWERS

4.4. The Forward Plan Manager answered members questions and advised that there
was no specific policy or constraints on the site and that the number of housing
allocations was 650 until 2026, over 490 had already been allocated with around
only 120 left to allocate in the Coleford area. This was not a problem, 650 was
considered to be a target as long as it was not excessively over or under. The latter
was contrary to local and probably national policy, numbers were limited and unlikely
to be many more than 650. The Allocations document will identify the large sites and
applications will be regulated by the Core Strategy. He said the Council would look
at what was elsewhere and do the calculations. Allocated sites would be removed,
but any with planning permission would not change. He confirmed that allocations
were kept under review and may be substituted where appropriate. This was not
directly protected in terms of the site, but was protected as an amenity for its use.
4.5. He advised that approximately 2 years ago the Core Strategy figure for Coleford was
650, about 497 had been accounted for by March 2010 (not all built), leaving
approximately 153 to provide. This was expected to be addressed in the Allocations
document, i.e. windfalls, conversions, etc., unless the Core Strategy was reviewed,
only 150 houses were needed in the Coleford area. Not all of the land could be
developed, part would need to be of recreational use and there may be other uses.
The land could be jointly developed in future years. Five Acres was identified within
the settlement boundary. Like any other windfall site, it would be considered against
general policies, including community facilities, and would be judged against the
Core Strategy and planning policy as a site within the settlement boundary.
4.6. Cllr Philip Burford said that before any housing development could commence, the
site would need to go through the same development control process as any other
site.
5. HOMES & COMMUNITIES AGENCY (DAVID WARBURTON)

On behalf of the HCA, Mr David Warburton, responsible for investment in the Forest
of Dean

QUESTIONS AND ANSWERS

5.1. Mr Warburton responded on behalf of HCA and he said that if the net receipt
exceeds the acquisition price of approximately £2.5million, the excess would go into
the general programme account for housing, regeneration and infrastructure across
England.
5.2. Mr Warburton said that HCA had no plans for Five Acres at the moment. HCA
received a Freedom of Information request for plans relating to this site and HCA
responded that there were none. HCA would engage with the community to develop
plans together. HCA was a national regeneration agency rather than a
redevelopment agency and with that responsibility came a commitment to engage
with stakeholders and the community.
5.3. Mr Warburton advised that he had attended a parish council meeting with the council
and FANS representatives. This was a positive meeting working together to engage
with the community and stakeholders. The process had not started yet there would
be an Enquiry by Design to come up with the most appropriate solution for the Forest
of Dean. At that meeting we agreed that this would commence soon and given the
timing, i.e. Christmas, this will be early 2013, and only agreed to go forward on the
basis of full public participation. This way, the site was no different to any other HCA
assets.
5.4. Mr Warburton advised that the principal motivation was to give the college certainty
of sale and to consider moving to Cinderford. In terms of the purchase without
planning permission, this was not unusual for HCA - it was a part of HCA’s remit to
acquire land in this way, it had done the same thing in relation to Gloscol in central
Gloucester and Bristol City College. HCA buys the land, leases it back to the
colleges in order to secure redevelopment sites. If the college does not move, HCA
would exit and the college would buy back so that the £2.5million would return to the
HCA.
5.5. Mr Warburton advised that HCA did have a time line and was driven by a
comprehensive spending review process until 2015 nationally plus one year on top.
If by 2016 there is no new college under construction in Cinderford, HCA would
require the college to buy back the site. In February 2011, HCA entered and
acquired and leased the site back to the college was to secure a new campus in
Cinderford. I found out the college was in discussion with the occupiers and the
HCA conversation came out of that. There was no £2.5million sat in the budget
waiting to acquire this site. At the end of the budget there was an underspend,
nationally funds were available and HCA sought investment across the country and
chose here.
5.6. Peter Hibberd, Strategic Director advised that he sat on the Cinderford
Regeneration Board, and a colleague on the Board was the Principal of the college.
The Government funding approval was given on the basis that regeneration was
education-led. This is why education is the anchor point in the Northern Quarter and
the intention has always been that there will be an education establishment. When it
was known that the Royal Forest of Dean College was struggling, the Government
asked Gloscol to take over.
5.7. The Strategic Director said that if the new campus is created and the college moves,
then the Five Acres site would become within the HCA remit and would be treated
like any other regeneration scheme.
5.8. The Strategic Director confirmed that the HCA had a list of priorities and needs to
focus on key interventions and the main project at the moment was the Northern
Quarter, except for the National Affordable Housing Scheme which applies to the
whole District.
5.9. The Strategic Director said that assuming the Northern Quarter proceeds, the HCA
will run a participation exercise with stakeholders and the local community with
options for the site. As a baseline for a regeneration site, HCA would as a minimum
seek to see; employment, housing, and open amenity space. Other opportunities or
uses would go into the process to see how they can be afforded. For uses that need
subsidising, ways will need to be found to ensure they can pay for themselves or
with Government help. No HCA money would be provided in a lump sum in the same
way as the Northern Quarter. But this is not to say HCA will not satisfy local people.
HCA will conduct a commercial viability process which will be transparent and show
what can and cannot be afforded.
5.10. The Strategic Director said that HCA could retain or improve or make new provision
but this depended on the development activity on the rest of the site.

6. LAKERS SCHOOL/LAKERS SCHOOL GOVERNORS (KEN CREED, PAUL

DUGGAN AND GAIL JONES)

Lakers School submissions is attached to these notes at Annex C

6.1. Adding to their submission the school confirmed that it was owned by a Cooperative
Trust which follows the values of a cooperative society and is community based. The
Trust is born out of working with feeder schools and work on transitions from Year 6
to 7. Hence the Trust was formed to strengthen the position as a group of schools as
schools are under threat in terms of funding, etc.
6.2. The Trust also owns the Berry Hill Primary School although this will relocate to
Lakers in September 2013.
6.3. The Trust brings access to expert people to help improve the schools.
6.4. There is a debate in the local community about whether Lakers should provide a
Sixth Form. Lakers has always intended to be an all-age campus rather than a Sixth
 Form. A Sixth Form is an academic institution and could be done on the Lakers site.
An all-age campus is broader than a Sixth Form. The Lakers site already has a pre-
school, has plans for a junior school, has got a secondary school and would like
post-16 education, for example, vocational courses, evening classes, etc. The Trust
is not focussing on a Sixth Form.
6.5. The Trust is not setting up in competition with Gloscol. Leaving school age is
changing so children of Sixth Form age will need to be taught anyway. The facility at
Lakers will be here for people to choose.
6.6. Because of the uncertainty at the moment, the Trust needs to look after students.
Lakers is a party to a joint use agreement which does not work as well as hoped.
The Head of PE has to fit in with what is available at the college. Lakers will have
more flexibility if it has its own site. It could extend the badminton courts to allow
Lakers to do what it wants and when. But PE is determined by the weather and so
indoor facilities are needed, and these can be more flexible if they are our own. One
hundred yards may not sound like a lot but with 60 or 70 students it is a lot.
6.7. Swimming is not on the secondary curriculum. The Governors would like a pool, but
this is not a necessity and the Trust does not only have the management of pupils to
be concerned about but also the safety of pupils offsite using facilities that the public
also use. But any facilities could be used by the public when they are not being used
by the school.
6.8. The Trust has never been invited to a meeting with Gloscol and nor has any
Governor. The Joint Liaison Committee has twice been to meetings, but Lakers have
not been told the time or the meeting has not taken place.
6.9. The Trust has not blocked movements from the college. The problem with level 16
staff is that teachers do not get to progress to 16-18 and staff have wanted to on
many occasions. Cooperation with the college has not progressed for many years
like it did in the distant past.
6.10. We are happy for facilities to be improved. We cannot be blinkered about sports
facilities, i.e. not focus on just swimming, because there are other sports available in
the District and they could be used in the curriculum.
A feasibility study has been done on the athletics and have quotes for work needed
to improve it.
6.11. The Trust intends to raise capital for projects outlined in developing this site. The
primary school can fit into the ten block on Lakers’ site. The Berry Hill capital will be
used for further improvements and facilities.
6.12. The concern for now is Berry Hill moving over, there has been no discussion yet on
the sale of the Berry Hill site. The Trust own the site and have the ability to sell and
will have any discussion on cooperation. Andy Barge for the Council has discussed
this.
6.13. The current year group is smaller in number, but numbers have been previously
consistent and space would be sufficient. The Trust may have underestimated the
number of pupils but this is a nice position to be in. To supply pupil figures for the
last 10 years of Lakers School and Berry Hill Primary School.
7. ST JOHN’S C OF E ACADEMY

St John’s submission is attached to these notes at Annex D

7.1. Cllr Carole Allaway Martin requested clarification of the number of pupils affected at
St Johns if the pool was closed and what would be the total costs of going offsite.

8. BERRY HILL RFC

8.1. Scrutiny Committee reserve the right to comment on this letter until all members of
the Committee have received a copy.
8.2. The letter referred to the RFC understanding that if the college moved, facilities
would be lost. They may be interested in the Joint Use Agreement which protects the
Council’s interest and prevents termination before 2022 with one year’s notice. Such
that, we can force the hand of the college and HCA to the replacement of facilities.
This is encouraging in light of the Council’s investment.
8.3. Cllr Philip Burford said that the Committee would have questions for Andy Barge on
the submission and relevant to the Joint Use Agreement and investment since the
date of the Agreement. If the College terminated earlier by agreement, there may be
some recompense for the Council.

9. CLLR PAUL MCMAHON

Cllr Paul McMahon’s submission is attached to the notes at Annex E

10. JAMIE ELSMORE AND JULIE SYKES, VICE CHAIRMAN OF FANS

FANS submission is attached.

10.1. Mr Elsmore stated that the FANS group had been set up in response to details that
Gloucestershire College was to be included in the Regeneration for Cinderford at the
Northern Quarter and no detail or consultation had been received in relation to the
Five Acres site. He said that there had been a lot of rumours and concern as to the
future and well being of the local community. He said the group had been proactive
and had discussions with Lakers School, West Dean Parish Council, HCA and Andy
Barge. He said that the aims of FANS were to achieve and face concerns and
needs of the community.
 Julia Sykes said that FANS had a vision for the future to have a sustainable
community hub.
10.2. Mr Elsmore said that Lakers School had done a splendid job over the last few years
and did not want to hand over to an academy which would take over and there would
be no control. He said that there were poor relationships between Gloucestershire
College and some of the schools which need to be improved. He welcomed a
discussion with all parties concerned which he felt could be constructive. He said
that FANS had had constructive discussions with HCA who valued the need to have
a facility that compliments the community. The Forest needed a facility and there
has to be ownership and responsibility taken to provide this.
10.3. Answering a question he confirmed that FANS did have a meeting on 28 September
2012 with HCA, West Dean Parish Council and the FoDDC. He said that the
College would not be making a decision until the Summer of 2013 but that FANS
were being proactive to address community concerns. Discussions included the
possibility of working together to build a flagship facility at the Five Acres Site. He
said that the Forest of Dean needed an indoor facility and a multipurpose facility
including a swimming pool but it had to have viable revenue schemes to make it
sustainable but work for the community.
10.4. Julie Sykes confirmed that agreement had been reached to start a design process
and resources had been pledged by HCA for a planning team to start.
10.5. Mr Elsmore confirmed that the HCA were interested in Housing, Employment, and
Community amenities and they valued the need for recreational facilities for the
future.

QUESTIONS AND ANSWERS

11. CLLR ANDREW GARDINER SUBMISSION

Cllr Andrew Gardiner’s submission is attached to the notes at Annex F

12. MR KEITH MORGAN DEAN FOREST VOICE - SUBMISSION

Mr Morgan’s submission is attached to the notes at Annex G

13. MR IVOR ELLIS

13.1. Mr Ellis said he was passionate about protecting the Forest of Dean and the
Statutory Forest and did not feel that it was necessary to move the College to the
Northern Quarter which in his view was a colossal waste of money. He said there
 was no consultation at the beginning of the process. He felt that the Council had
allowed a Quango to dominate the process.

14. MR WILKS RETIRED SCHOOL TEACHER – LAKERS SCHOOL

14.1. Mr Wilks said that he had been a redundant airman who began teaching at Lakers
School in 1946, from a wooden hut. He said he had great sentiment for Lakers
School, and had seen it grow over the years, He was saddened that the school was
being torn apart. He believed the school should be utilised and didn’t want to see
the site dragged down and would hate for it to go.
14.2. On the 1 November 2012 the evidence gathering was re-convened and is
summarised below:-

15. WENDY JACKSON, REGENERATION MANAGER

15.1. Wendy Jackson said that she had attended a meeting on 28 September 2012 with
Tim Gwilliam West Dean Parish Council, Eileen Dyer West Dean Parish Council,
Dave Kent West Dean Parish Council, Greg Smith Gloucestershire College, Dave
Warburton HCA, Jamie Elsmore FANS, Julia Sykes FANS
15.2. She said that the meeting was opened by everyone introducing themselves and
Jamie Elsmore from FANS gave a statement outlining the position and the aims and
objectives of the FANS Group as detailed in there document.
15.3. David Warburton HCA explained the role of the agency and said that the agency
also had a role in developing communities and regeneration. He explained that the
HCA were working on the regeneration of Cinderford and had £15 million of funding
to be invested in this project. He also confirmed that the HCA did community
consultations and inquiry by design which would be a professionally resourced
consultation process ending up with a proposal, a mini master plan. He volunteered
to share this information with FANS and West Dean Parish Council. The
Regeneration Manager said that she emailed this information to the Clerk to West
Dean Parish Council.
15.4. The Clerk to West Dean Parish Council said that their council had a partnership
approach and a neighbourhood plan for West Dean which included keeping the
Leisure Centre, Theatre and Swimming Pool on the Five Acres site.
15.5. Greg Smith outlined the key risks for the college and stated that he was looking at
potential re-location of the College. He said that a feasibility study had been
provided on the current education provision and the need for an integrated 11-18
education provision in the Forest of Dean. He said that it was in everyone’s interest
if all the sixth form providers could work together.
15.6. The Regeneration Manager said that there was general discussion around what to
do next and if the Parish Council and FANS wished to start a co-ordination activity
they could combine and pool their efforts to do this. She said that there had been
four points to communicate from that meeting:
 1. HCA had met with West Dean Parish Council, FANS, Gloucestershire College
and the FoDDC.
2. It had been a constructive meeting.
3. All parties were in dialogue with each other.
4. Build on community engagement for the site going forward.

15.7. Answering member’s questions the Regeneration Manager confirmed that the role of
the District Council was that she could offer an element of co-ordination in moving
the vision forward. She said that the HCA would look at the details of the plans and
take the partners though the process ending up with a phased programme of action.
The Regeneration Manager said that HCA were committed to assisting and funding
the project but there would be need to define the scope of the project and she could
help with the co-ordination of HCA an others locally.
15.8. She said that from her notes of the meeting, Greg Smith had mentioned the healing
of the 11-18 education system and confirmed that there had been positive talks with
Forest E-Act, Whitecross and Dene Magna schools and that Lakers school needed
to join in the discussions.
15.9. She said that she had not seen the neighbourhood development plan but this would
have been sent to the Forward Plan Manager and the next step would be
communication with West Dean Parish Council and the Forward Plan Manger who
would take a lead on this project. She also confirmed that the resources would come
from the HCA but this had not yet been quantified.

16. ANDY BARGE, GROUP MANAGER FOR CUSTOMER SERVICES

16.1. Cllr Philip Burford said that a letter from Berry Hill RFC had been read out at the
Inquiry meeting so he asked the Group Manager if he could comment on the letter
and also give some costs of new swimming pools.
16.2. The Group Manager for Customer Services confirmed that discussions had taken
place with Berry Hill Rugby Club who at that time had a current application in with
Sport England to change their facilities. He said that it had been key to get Sport
England involved early on and the advice from John Stephens the County Sport
Partnership was to be open with Sport England from the onset. He said that the
council were happy to enter into an agreement with Sport England so that if the club
application was approved now but details changed in the future there would be a
claw back with Sport England and also with the Rugby Club.
16.3. He said that he met with the club to discuss the next steps after they had received
confirmation that their application had been deferred. He said that the club were
obviously disappointed and their perception was that the bid had been deferred
because of what was happening with the Five Acres site. He said that he was
conscious that any new bid needed to be submitted by 17 September 2012.
16.4. Answering member’s questions the Group Manager for Customer Services
confirmed that the council had no financial obligations to Sport England or Berry Hill
Rugby Football Club.
16.5. The Group Manager for Customer Services said that costs for swimming pools were
available on the Sport England website. He confirmed that for an off the shelf 25m
five lane pool with reception area the capital cost would be £3.6 million. A 25 metre
6 lane plus learner pool approx. cost £4.7 million. He also confirmed the cost of a
leisure water pool to have additional facilities could cost approximately 6 to 8 million.
He also confirmed that he had no capital budget allocated for this project.
16.6. In response to a question relating to the Joint User Agreement for the leisure centre
he confirmed that no individual party could give notice until 2022 which was 25 years
after the agreement was set up and there would also have to give 12 months notice
of their intentions. If all three partners agreed he said that there could be a joint
mutual agreement of how facilities could be used but not directly linked to assets.
He also confirmed that since 1997 the council had invested £150,000 circa into the
facilities at Five Acres.
16.7. The Group Manager for Customer Services confirmed that he would provide figures
for the panel if the agreement was finished in 2022.

17. ALISON ELLIOTT, HEADTEACHER, LAKERS SCHOOL

17.1. More information had been circulated to members of the inquiry from Lakers School.
Alison Elliott, Head of Lakers School explained that Lakers School was part of a
national and international Cooperative Schools network. She said that Lakers
School had also been praised as being one of the best examples in Britain for best
practice of collaboration working and in her view nothing had changed.
17.2. Answering questions from members she confirmed that the contribution from Lakers
School for use of the Leisure facilities was £20,000. She also confirmed that for a
secondary school there was no obligation in the curriculum to provide for swimming.
She said that she did have sympathy with the community that a pool needed to be
provided but the cost was not viable for the plan at Lakers school as the funds could
be used for other facilities. She also confirmed that the governors of Lakers School
had indicated that they would wish to give notice to break the Joint Use Agreement
because they felt that the uncertainly of what was happening with the Five Acres site
could be damaging and result in a loss of students to the school. She said that the
school also wished to branch out into other areas including outdoor pursuits such as
cycling, golf and other sports which would use the local area. She confirmed that on
a day to day basis there were no problems with Gloucester College there were also
joint fundraising with both sites. She said that information had been given that
courses were not viable to run on the Forest of Dean Site and then it had been found
that students were being bussed to Gloucester. She confirmed that the only meeting
she had been to with Gloucester College was relating to them acting as academy
sponsors.
17.3. She confirmed that Lakers School had been in discussions with the Gymnastic club
and that there were some issues with a right of way across the school site which
because of safeguarding regulations needed to be resolved. She confirmed that
hopefully this would be sorted and a solution reached which would be acceptable to
both parties.
17.4. Answering a question she confirmed that there were two strands to the vision for
Lakers School the first was already underway with the start of the Forest Education
Business Partnership which would be an all age campus providing education and a
careers service provision to everyone. She said that with pupil numbers decreasing
this would provide more space to enable other opportunities for the school and that
there would be a small number of A levels offered from next September 2013. She
confirmed that there had been sixth form provision with different specialisms being
offered across the Forest schools. She confirmed that if a school wanted to run a
small number of A levels this could be run in a small area and be sustainable. She
said that the vision for Gloucester College was to run a large sixth form and offer
everything obviously to keep the college viable. She said that she had a determined
outlook for the future of Lakers School as a Co-operative and that there could be
different styles of delivery. She felt that direct competition with other providers would
not be good and it would be students and their families that would loose out. She
was proud of the success of Lakers School over the last ten years and hoped that
she could build on this for the future.

18. CLLR PATRICK MOLYNEUX, LEADER OF THE COUNCIL AND CABINET

MEMBER FOR REGENERATION
18.1. Cllr Patrick Molyneux confirmed that he would ask the Planning Officer, Forward
Plan to confirm details from the Council’s Core Strategy relating to the loss of a
provision and whether it has to be replaced with a similar provision.
18.2. Cllr Patrick Molyneux explained that the Council did not own any assets on the Five
Acres Site. He said that it was important to be able to provide the best educational
provision across the district. He said that it was very important for community well
being for the Council to provide leisure facilities but there were also tight targets to
meet in terms of any running costs and details were provided in the Council’s
Medium Term Financial Plan. He said that the Council had invested in leisure
facilities but there had not been any investment at the Coleford Leisure Centre
because no firm decision had been made about the site and the move of the
College. He said that the Council should ensure that all partners could come
together and provide the best facilities for Coleford and the whole of the district. He
also confirmed that the Council were committed to provide leisure provision which
should be as good or better than is available now.
18.3. Answering member’s questions he said that the answer from HCA that any sales
from the Five Acres site may not be put back into that area was probably a technical
answer from them but HCA had already said that they would invest in the Five Acres
site led by a Community by design project. He said that he didn’t think it was the
 intention of the HCA to sell the land and not invest in the site. He was sure that the
HCA would engage with the community and partners of the site. He also confirmed
that the Council should help the community to deliver their aspirations for the site.
In response he said that the Council were working very hard to make sure that the
delivery of the spine road in the Northern Quarter was made on time to enable the
move of Gloucester College to that site.

19. FINDINGS
19.1. The Inquiry made the following findings from the evidence that had been gathered on
Thursday 25 October 2012 at Lakers School.

1. It became evident that from the public perspective a view had been formed which
indicated that there was a lack of understanding, consultation and engagement
with the public relating to the future of the Five Acres site. It is also evident that
the future of the site is in the early stages of discussions and planning and there
is still ample opportunity for members of the public and local residents to explore
their views and indeed this Inquiry presents one of those opportunities.

2. It was clear that the community came together at the Inquiry and we would hope
that they feel their views have been fully voiced and listened to.

3. A number of bodies have attempted to facilitate discussions between partners

and we commend them for these efforts. In the end it will be all interested parties
working together which will provide the best future for the Five Acres Site.

4. To date it is evident that many groups of interested people and statutory agencies
have come together in a disparate way with their own views. We are concerned
that the lack of co-ordination that this demonstrates is not conducive to achieving
the best solution for the site. The views of interested parties regarding the future
of the site need to be brought forward in a single forum. The Forest of Dean
District Council may be able to aid in this.

5. Evidence that had been received from Gloucester College indicated that it was
not viable to run the Forest Theatre, although other evidence received from DFV
and other users was contradictory to this. Information received indicated that it
had been difficult to book and the rates were very expensive. The Forest Theatre
is the second largest theatre in Gloucestershire and it had been very well used
and promoted in the past. The loss of such a facility would be a huge blow to the
Forest of Dean and it was hoped that the provision of a sizeable auditorium could
be preserved in the future.

6. Despite running the leisure centre at the Five Acres site the Forest of Dean
District Council has little control over the future of public facilities at the Five
Acres site beyond what have been contractually agreed.

7. The Five Acres Gymnastics and Fitness Centre represent a successful example
of what can be done to provide fitness and sporting facilities. We are however
 concerned about the security of their tenure and the clear conflicts which exist
with regard to access to their facilities.

8. It is very clear from the evidence given from Dr Smith and Ms Craig from
Gloucestershire College that the future of the entire site hinges largely upon the
future of the College. If as they wish there is relocation to the Cinderford
Northern Quarter which will be confirmed in 2013 the future shape of the site
would be very different from what it will be if they do not move. There is evidence
to suggest that the people of the Forest of Dean do not want to lose their further
education facilities within the Forest and every effort must be made to ensure that
this level of education is maintained within the Forest of Dean where ever it is.

9. The Homes and Communities Agency made it clear that in their view the
ownership of part of the Five Acres site was purely a means to achieve their
objectives elsewhere in the District. They are also clear that any future proceeds
from the sale of this asset may not necessarily be available for the development
of the site. They are however committed to a “Enquiry by Design” process
regarding the site as such it is not unreasonable to assume that they may take
further interest in the future use of the site.

10. From a long term planning perspective the only part of the Five Acres site which
is protected in its current use relates to the use of the Rugby Club site, but there
are general policies which protect the amenity recreation and community
facilities. It is also worth noting that the current requirement (between now and
2026) for housing allocations will be met by sites which have already been
identified elsewhere

11. Most secondary schools in Gloucestershire have chosen to become academy’s

however, Lakers School have chosen a different model of governance and the
Inquiry was impressed with their clarity of vision and future aspirations for the
school. It is apparent that this approach is reliant on the re-development of the
existing Berry Hill primary school site.

12. There was a clear opinion from Gloucestershire College to indicate that there was
only the need for one viable sixth form education unit in the Forest of Dean.
From their evidence Lakers School had a different view and also expressed an
aspiration to offer some A level provision in the future. The Inquiry had the view
that it was important that sixth form education, A level and post 16 vocational
educational provision was provided in the central Forest of Dean area.

13. a) We commend the membership of FANS for the interest, enthusiasm and
dedication they have put into this subject and have carried out an extensive
consultation. The views need to be listened to and wherever possible acted
upon. An Enquiry by Design will facilitate future and more extensive consultation.
b) The Inquiry also recognise the input from Town and Parish Councils and
commend their involvement and contribution in this subject, these views also
need to be listened to.

14. Some forceful views were expressed by Dean Forest Voice and members of
Dean Forest Voice making individual submissions. It is very clear that members
 of this group are very passionate about the heritage of the Forest of Dean but it is
clear that some of their views do not relate specifically to the Five Acres site. The
views that do relate to Five Acres have been carefully considered by the Inquiry
and relevant recommendations made.

15. The Inquiry is content that the deferral of the Sport England grant made by Berry
Hill RFC was not caused by discussions regarding the future of the rest of the
Five Acres site and indeed the Council seems to have been supportive of the
proposals and the bid. The Inquiry is delighted that the grant from Sport England
has now been awarded to the Berry Hill Rugby Football Club.

16. There seems to be a significant feeling within the Coleford area that the
development of a much enhanced swimming and recreational facility at Five
Acres would be advantageous to the entire Forest of Dean. At a cost of six to
eight million pounds such a project is beyond the scope of the District Council
alone and whilst the benefits of such a development are evident in the Coleford
area the implications in the other leisure facilities at Cinderford and Lydney would
need to be carefully considered before such a project was undertaken.

20. RECOMMENDATIONS
It is clear from the evidence that the future of the Five Acres site hinges in a very
major way upon the future location of Gloucester College within the Forest of Dean.
It is difficult to make firm recommendations until the decision to re-locate the College
or otherwise has been made. There are however some recommendations which can
be implemented in the meantime.

a) The Forest of Dean District Council in its community leadership role continue
to engage with the Homes and Communities Agency and community groups.
In particular the Forest of Dean District Council is requested to continue and
amplify its support for an ‘Enquiry by Design’ project which will endeavour,
through partnership, to develop and realise community aspirations.

b) The Forest of Dean District Council continues to engage with the Homes and
Communities Agency, community groups and other relevant agencies to
explore opportunities for the site. In the event of the college leaving the Five
Acres site the Forest of Dean District Council should work with partners to
seek an agreement for a post college departure and exit strategy. The Forest
of Dean District Council is requested to use its influence to strive for an early
confirmation of decisions regarding the future of the site.

c) The Forest of Dean District Council in partnership with the Homes and
Communities Agency work towards facilitating the re-investment of any
 surplus funds arising from a potential sale of the site back into the facilities on
the site.

d) In light of differing views from the potential providers of sixth form education,
the Forest of Dean District Council employ its community leadership role and
facilitates discussions between Gloscol and Lakers school in an attempt to
ensure that the central Forest of Dean has a viable an enduring provision of
post 16 vocational and A level courses, be it on multiple sites or in partnership
at a single centre of excellence. It is noted that the Forest of Dean District
Council has no statutory powers in this regard but it may be able to facilitate
informal discussions more easily because of this.

e) That the Forest of Dean District Council sets up a Coleford Area Regeneration
Board to help co-ordinate the future of the Five Acres site to include all
interested groups and be facilitated by the Council.

f) That the Forest of Dean District Council in its on going Leisure Strategy give
consideration to the provision of continued or enhanced leisure and cultural
facilities on the Five Acres Site. This should include a feasibility study
regarding the re development of a leisure complex, the capital costs involved,
sources of funding, the on going business case for such a move and the likely
impact a centre of this type would have on the other leisure and cultural sites
in the Forest of Dean.