Doncaster Council

    Agenda Item No.

               13th December 2006

 

To the Mayor and Members of the Cabinet

 

FUTURE MANAGEMENT OF CONISBROUGH CASTLE

 

Decision Taker	Relevant Overview and Scrutiny Panel	Wards Affected	Key Decision
Cabinet	Safer, Stronger and Sustainable Communities	All Wards	Yes (K655)

 

PURPOSE

 

1.                  This report provides Cabinet with the opportunity to decide on the Future Management of Conisbrough Castle, a Borough Treasure.

 

RECOMMENDATION

 

2.                  Members of the Cabinet are requested to:

 

·         Consider the contents of this report and select an Option from:

o       Option 3 as recommended by the Safer Stronger  & Sustainable Communities Scrutiny Panel outlined in paragraph 21; with a fallback position of:

o       Option 2 which is also English Heritage’s preference, outlined at paragraph 20 below.

 

BACKGROUND

 

3.                  Conisbrough Castle is one of Doncaster’s most striking and treasured landmarks. Construction of the Keep dates back to 1180 with the outer defences following over the next century.  By the 1400’s the site was abandoned, a long period of decline followed, leaving the picturesque ruins that inspired Walter Scott to write about them in the novel Ivanhoe.  There are also local links to Robin Hood via the Ivanhoe novel. Over 30,000 people visit the Castle each year, and the well known image of Conisbrough Castle appears on many promotional documents publicising the borough.

 

4.                  Conisbrough Castle is owned freehold by Doncaster Metropolitan Borough Council (DMBC), having assumed the responsibilities of the Urban District Council of Conisbrough. The Castle is also subject to a Guardianship Agreement under the Ancient Monuments Acts dating from 1950. English Heritage is the Non-Departmental Public Body charged with ensuring the preservation and presentation of monuments under the Acts. As such the Guardianship of Conisbrough Castle overrides and effectively removes the rights or responsibilities from the Council as freeholder. English Heritage is therefore to be viewed as the ‘statutory occupier’ of the Guardianship area.

 

5.                  English Heritage currently discharges the visitor management of the Castle through an unsigned management agreement with the Ivanhoe Trust. DMBC are involved in that they have historically informally funded the Ivanhoe Trust but with no formal written agreement in place. Staff who work at the site are employed by the Ivanhoe Trust on terms and conditions based on those of the Council and are paid via DMBC payroll, supported by DMBC HR services etc.

 

6.                  The Council’s relationship with English Heritage is based on their statutory responsibilities for Historic Monuments. Meetings over recent months have involved useful discussions both about the castle specifically but also concerning wider tourism opportunities for the borough and how the two organisations can work together positively to this end.

 

7.                  The current arrangements for the management of the Castle date back to the mid 1980’s when in a spirit of partnership and co-operation the Ivanhoe Trust was formed between Doncaster Council and the Dartington Hall Trust, an educational charity to support the social and economic regeneration of the Dearne Valley. Through an agreement with English Heritage the Ivanhoe Trust took over the operation of Conisbrough Castle, income from admissions and running costs were shared jointly between the partners.

 

8.                  The current operators of the site, Ivanhoe Trust, generate income from the sale of goods and services to schools and the general public on the site and via ticket sales.  The Council provide a contribution to staff costs, marketing and maintenance of the Visitor Centre.  English Heritage fund all costs associated with the preservation of the Monument, but do not contribute to the use of the site as visitor attraction.

 

9.                  The Ivanhoe Trust is a Charity and Company Limited by Guarantee. It has four Trustee directors nominated by the Council and four nominated by the Dartington Hall Trust.  The Trust has expressed a wish to continue operating Conisbrough Castle as long as that is acceptable to the sites owners Doncaster Council and English Heritage the Statutory Agency responsible for Scheduled Ancient Monuments.

 

10.             The Visitor Centre which includes displays about the Castle and life in the Middle Ages was built in the late 1980's by the Council, funded by grants.  The cost of running the Visitor Centre was excluded from the agreement with English Heritage and remains the Council’s responsibility. The Visitor Centre also provides space for school children to learn about Conisbrough Castle. The Trust charge for guided tours to schools and see this activity as a potential growth opportunity.

 

11.             By the mid 1990’s the operation of the Castle had became the main activity of the Ivanhoe Trust.  The next major investment in the site was by English Heritage using “City Challenge” and European funding to install a new roof and floors to the Keep, in part to protect the inner stonework from damage (caused by the rain) but also to provide an enhanced visitor attraction.  Based on projections of visitor numbers; in the region of 60,000 to 80,000 a year, the business plan was amended and English Heritage ceased their contributions to running costs.   The Ivanhoe Trust continued to provide a year round service for visitors to the castle, organising cultural events ranging from re-enactment groups to brass bands.  Guides and interpretation support was made available to schools visiting the site.  English Heritage concentrated their resources on their statutory responsibilities to the monument.

 

12.             However, like many of the tourist attractions developed at that time in the sub region, the expected numbers of paying tourists have not been achieved leading to consequential financial difficulties.  The optimism of the mid 1990s regarding visitor numbers was never realised although the facility attracts a stable 30,000 to 32,000 visitors a year. Nevertheless this figure is less than half the anticipated custom, greatly reducing income and only marginally reducing operating costs.  

 

13.             Conisbrough Castle provides an educational, recreational and heritage service to Doncaster residents and the wider area.  The Castle attracts 10,000 school children from 150 schools each year, the other visitors include a wide range of family days out and castle enthusiasts, which can be increased if Doncaster becomes a more attractive tourist destination.

 

14.             There are many benefits for an area that supports its heritage and cultural facilities because they are an important component of local identity. Doncaster’s Borough Strategy and Local Area Agreement sets out the Borough’s overall cultural aspirations. Conisbrough Castle can be seen in this way to be a key contributor to the development of the wider heritage and tourism offer for Doncaster and in turn to contribute to borough aspirations to become a city of European significance.

 

CONISBROUGH CASTLE AS A FOCUS FOR REGENERATION

 

15.             During the consultation process the potential of Conisbrough Castle as part of a wider tourism offer and linked to the agenda for the borough e.g. economic and social regeneration was explored. Conisbrough Castle is located in one of the most deprived areas of the borough. It is proposed that developments linked to the castle could support and drive wider economic and cultural developments.

 

16.       The continued support of Conisbrough Castle as part of a growing tourism industry alongside Cusworth Hall, and many less well know sites such as the medieval covered well in Conisbrough could provide a focal point for developing the tourism and heritage Industry in Doncaster. The operation of the Castle has three main elements;

·        Strategy and Forward Planning;

·        Marketing / Events Management,

·        Guided Tours, Souvenir Sales and Staffing

 

17.       Only guided tours, souvenir sales and staffing have to be on the Castle site, the other two are generic tourism functions which could be carried out off site or as part of wider tourist promotion activities.

 

18.            Further details surrounding these potential developments could be explored and developed further as part of actions following the Cabinet decision.

 

OPTIONS CONSIDERED

 

19.            Option 1

 

The first option considered is for the Council to withdraw funding to the Ivanhoe Trust. In this instance it is likely that the Ivanhoe Trust would become insolvent.  English Heritage with its statutory duty as Guardian of Scheduled Monuments to ensure the site is protected, would resume management of Conisbrough Castle.  They would expect the council to remove the Visitor Centre, returning the site to the condition it was in before the 1988 agreement was signed. Whilst English Heritage is understood by HM Government to be the refuge of last resort for historic properties that are in need of management, Conisbrough Castle was deemed to be vulnerable in 1950 and placed in the care of the state. It is unlikely that Guardianship would be revoked and therefore the Castle would remain with English Heritage and its successors in perpetuity.

 

Under this option as a position of last resort English Heritage would undertake to accept the potential transfer of the IT staff under TUPE and then manage the property in line with its regional property portfolio of seventeen staffed properties. 

 

20.            Option 2

 

The second option is English Heritage’s preferred option. This option is a variation on Option 1 which involves the withdrawal of funding from the Ivanhoe Trust but the Council would then take direct responsibility for operation of the site:

·        The Council would absorb the operation of the castle and employment contracts of the staff into an existing service delivery mechanism such as operates now in the case of Cusworth Hall ie management of the site through the local Neighbourhood Team with a corresponding theme link back to the Cultural Manager in a supportive and developmental capacity.

·        A Local Management Agreement or appropriate legal agreement would be developed between English Heritage and the Council to identify respective roles and responsibilities in relation to the management of the site.

·        The Council would retain all income from admissions and have sole responsibility for promoting and marketing the Castle. English Heritage would maintain the fabric of the Scheduled Monument.

·        Improvements to the visitor facilities on site would become the sole responsibility of the Council. Improvements will be required, for DDA compliance, to upgrade the toilet facilities, and for site interpretation. The car parking and floodlights will also need attention over the next few years with a replacement visitor centre required in the next ten years.

·        Strengthen the links with DMBC’s Tourism Manager in order to seek support and guidance in marketing the facility and specific assistance in promoting strategic tourism events and to link with the broader promotions of English Heritage.

·        The Council could generate value for money from the agreement by providing discounted entry to the site for local residents/ Council staff.

 

 

21.            Option 3

 

The third option is the Safer Stronger & Sustainable Communities Scrutiny Panel, The Ivanhoe Trustee’s and Staff’s preferred option (with Scrutiny expressing a fallback position of Option 2 if Cabinet choose not to support option three). This option isfor the Council to continue to support the delivery of services by a third sector organisation (the Ivanhoe Trust) with some changes from the current situation.

 

Required changes to the current situation are seen as follows in respect of this option:

·         That a Local Management Agreement or appropriate legal agreements be developed between English Heritage, the Council and the Ivanhoe Trust to identify respective roles and responsibilities in relation to the management of the site. Appropriate legal agreements between the parties need to be developed identifying respective rights and obligations in respect of the fabric and management of the site on the part of the Ivanhoe Trust and to provide funding in relation to that management. The final legal structure of such arrangements is not yet settled but might involve a Local Management Agreement entered into by all three parties. Such an agreement would improve the current situation as it would typically include clear expectations regarding targets, outcomes, standards

·         That financial support is provided by the Council to the Ivanhoe Trust for the next 3 years for the purpose of operating the site as a visitor attraction and educational resource.  However, it is recommended that this be subject to the development of a clear Business Plan and a Funding Agreement between the Council and the Ivanhoe Trust that provides clarification on the role and expectations of the Trust, with defined outcomes to be achieved and linked to an annual review of performance.

• The need for the Trust Board to include a senior Council officer in addition to current Council representation (it is suggested that this role could be operated by the local Area Manager)
• The ceasing of a historical arrangement whereby an officer of the Council (now in PPG) has acted as secretary to the Trust on a part time basis. This has proved difficult as it has led to a potential conflict of interest situation

• A Manager employed by the Trust would manage the staff onsite, and market the site, arrange an events programme and liaise with Schools, and it is proposed would have an enlarged role compared to how the post had been used currently ie link and develop the wider tourism possibilities and agenda
• That in terms of the lead role within the Council issues relating to Conisbrough Castle are led by the local Area Manager but with links to the Culture Manager in a supportive and developmental capacity. The local Area Manager with the local Neighbourhood Manager would support the Trust’s activities and the Councils’ representative Trustees but would also provide a monitoring function directly back in to the Council.

·         Strengthen the links with DMBC’s Tourism Manager in order to seek support and guidance in marketing the facility and specific assistance in promoting strategic tourism events to complement those community based activities provided by the Ivanhoe Trust and to link with the broader promotions of English Heritage.

• The Council could generate value for money from the agreement by providing discounted entry to the site for Council staff/ residents.

·         That the Council and English Heritage continue to work together in partnership for the continuing improvements associated with the management and promotion of the castle, and capital expenditure relating to the development of facilities on the site.

 

22.            Option 4

 

        The fourth option, to continue the status quo is understood to be unacceptable to any of the parties, and would trigger option one.

 

ISSUES FOR CONSIDERATION

 

23.      

·         Option 3 described at paragraph 22 is the preferred option for Safer Stronger & Sustainable Communities Scrutiny Panel, The Ivanhoe Trustees and Conisbrough Castle Staff

·         Safer Stronger & Sustainable Communities Scrutiny Panel expressed a fallback position of Option 2 if Cabinet choose not to support option 3

·         If Option 3 is supported the Safer Stronger & Sustainable Communities Scrutiny Panel supports the development of a five year agreement between the Council and Ivanhoe Trust

·         Option 2 is the preferred option for English Heritage. Under this option, English Heritage would deal directly with the Council.

 

IMPACT ON TRANSFORMATIONAL GOALS

 

24.          The operation of Conisbrough Castle impacts upon Transformational Goal 4 to enhance the cultural facilities of Doncaster and Transformational Goal 6 to support the rural diversity of the borough.

 

25.                Conisbrough Castle is a significant Scheduled Ancient Monument with in excess of 30,000 visitors per year, many attracted from outside Doncaster, choosing to come to Conisbrough and spending money to enhance the local economy.

 

26.          The image of Conisbrough Castle can be seen on many promotional documents, not just those produced by the Council or referenced by English Heritage.  Some of these documents are commercial and have a nation wide distribution, and there are clearly opportunities for enhancing Conisbrough Castle’s already marketable status as a tourist attraction, particularly in respect of its association with Walter Scott’s book Ivanhoe, and the link to Robin Hood Airport and the work of South Yorkshire Destination Management Board.

 

RISKS AND ASSUMPTIONS

 

27.          The main risk with operating any tourist attraction is that visitor numbers reduce and income falls leading to a reduction in ability to maintain service provision. A reduction in income or increase in expenditure could lead to reduced opening times, increasing exposure to security risks and malicious damage.

 

28.          The Council will accept sole financial responsibility for the operation of the castle if Option 2 is the authorised. If Option 3 is accepted the Council will also have financial responsibility but will have delegated site operation to a third party.

 

29.         Investment will be required in the site’s infrastructure such as improvement to toilet facilities to maintain a high quality visitor attraction.

 

CONSULTATION

 

30.          A number of meetings and discussions have been held during the course    of the past few months with key stakeholders including the Ivanhoe Trust, staff employed by the Ivanhoe Trust and English Heritage regional and local managers. In addition many comments were received from local Councillors during the summer period following publicity concerning this Forward Plan key decision. A summary of key comments is as follows:

 

·         Ivanhoe Trust staff are strongly opposed to any TUPE of them to English Heritage

·         Ivanhoe Trustees would very much like to continue their role in the day to day management of operations at the castle and expand on their current operations so that key links are made to the wider tourism strategy both for the Conisbrough/ Denaby area and links to the borough’s wider aspirations to become a city of European significance

·         Local Elected Members have expressed the wish that the management of the castle is retained at a local level in Doncaster including the continued involvement of the Council in operations

·         English Heritage have expressed the following opinions:

o        That sufficient regime change needs to occur including performance management of the Ivanhoe Trust by DMBC to ensure progress on moving the management and presentation of the property to meet English Heritage’s corporate standards

o        English Heritage would prefer a funding agreement for 5 years rather than the previously suggested 3 years in order to show a longer term commitment 

o        English Heritage’s view is that Option 2 will give them greater assurance of the standards they wish to see at the property and clarity of management, which they feel, would be clouded by the uptake of Option 3.

 

·         Improvements are seen to be necessary to the site by English Heritage as follows:

 

°         Toilet facilities

°         Interpretation facilities

°         DDA compliance

°         Replacement visitor centre

°         Improvements to car parking

°         New floodlights

 

·        The Safer Stronger & Sustainable Scrutiny Panel considered the Future Management of Conisbrough Castle Report at their meeting of 27^th November 2006 and made the following recommendation:

o       The Panel supported Option 3

o       The Panel gave a fallback position of Option 2 if Cabinet choose not to support option three

o       Supported option 3 in the context of the highest priority being placed on the development of an appropriate 5 year legal agreement for the management of the site being reached at the earliest possible opportunity

o       Option 1 and Option 4 were notconsidered suitable by the Scrutiny Panel.

o       English Heritage commented at the meeting that that they would need to be convinced that the Council could adequately discharge its responsibilities via the Ivanhoe Trust if option 3 is approved.

 

The Chair of the Safer Stronger & Sustainable Communities Scrutiny Panel has written to Mayor Winter summarising the conclusions of the scrutiny meeting of 27^th November 2006, a copy is attached at Appendix A for consideration.

 

LEGAL IMPLICATIONS

 

31.      The Council may use its power under Part 1 of the Local Government Act 2000 to enter into the arrangements proposed at Option 3 or Option 2 on the basis that by doing so it would promote or improve the economic, social or environmental well-being of its area or residents. Specifically Section 2 (4) of the Act provides that the Council may, in exercising its well-being powers, incur expenditure, give financial assistance to any person and enter into arrangements or agreements with any person.

 

32.      Separate legal advice will be required in relation to negotiation and agreement of the proposed Local Management Agreement with English Heritage and in relation to the Funding Agreement with the Ivanhoe Trust. The Funding Agreement will need to comply with the requirements of Financial Procedure Rule E.13 with a view to ensuring that the Council's interests are protected at all times.

 

33.      Any change to the make-up of the Ivanhoe Trust's Board and appointment of its statutory officers would need to be agreed between the members of the company and implemented in accordance with its constitution.

 

34.             As indicated elsewhere in this report Conisbrough Castle is subject to a Guardianship Agreement dated 22 September 1950 giving English Heritage a statutory right to occupy regardless of the Council's freehold ownership. Whilst there is provision for termination of the Guardianship under the provisions of the Ancient Monuments and Archeological Areas Act 1979 this would have to be at the instigation of English Heritage and sanctioned by the Secretary of State. English Heritage have indicated that they would not be prepared to instigate this process.

 

 

FINANCIAL IMPLICATIONS

 

35.      Revenue Implications.

 

The current base budget provision (included within the MTFF Medium Term Financial Forecast) is £56,600, which includes £6,900 in respect of the Ivanhoe Trust. The Council also supports the Trust by processing financial transactions an assisting with VAT and tax returns.

If an option was taken which resulted in the transferring (TUPE) of staff to DMBC, there may be potential pension costs. The second option details various choices for the management of the site which would require further information to accurately quantify.  

 

 

36.      Capital Implications.

 

There is no additional funding for the required improvements suggested by English Heritage detailed in the report and these will need to be reviewed as part of the Corporate Capital process.

In the event of the management of the site being handed back to English Heritage, it is envisioned that there would also be capital costs incurred as a result of clearing the Visitor Centre and returning the site to its condition in 1988, subject to the same process.

 

 

 

HUMAN RESOURCES IMPLICATIONS

 

37.             If the management of the castle is transferred to another organisation (English Heritage, DMBC, another third party) consideration must be given to the position of staff, with particular reference to the Transfer of Undertaking (Protection of Employment) Regulations 2006. Any proposed changes which impact on staff need to be the subject of meaningful consultation with staff and the Trade Unions.

 

38.             In line with the management of staff transfers policy only those employed under a contract of employment at the time of transfer are statutorily entitled to transfer.

 

39.      There are specific human resource implications relating to the different options.  If Members wish to consider these implications this would need to be discussed in private session by excluding the public and press from the meeting.

 

OTHER IMPLICATIONS

 

40.      The strengthening of the Castle as a Tourism Facility contributes to the profile of the area, and is a significant local landmark.  The association of the area with the Ivanhoe story could be used in future promotional activities as and when films or television programmes on Ivanhoe are released.

 

CONCLUSION

 

41.      The work contributing to this report has proved to be beneficial in confirming the role of Conisbrough Castle as a borough treasure, which must be preserved and further enhanced for future generations.

 

CONTACT OFFICER

Jane Miller

Community Director, Safer, Stronger and Sustainable Communities

Tel 01302 737526 jane.miller@doncaster.gov.uk

 

REPORT AUTHOR

Jane Miller

Community Director, Safer, Stronger and Sustainable Communities

Tel 01302 737526 jane.miller@doncaster.gov.uk

 

BACKGROUND PAPERS

2004/05 Conisbrough Castle Annual Report

 

TAL MICHAEL

STRATEGIC DIRECTOR POLICY PARTNERSHIPS AND GOVERNANCE