How a contract between Swindon Borough Council and Moirai Capital Investments changed over time

An article about how a contract between Swindon Borough Council and Moirai Capital Investments for the development of the Oasis leisure facility changed over time

From a blog written in 2014:

Given the importance of the Oasis example to the council’s plans for the future of the leisure centres, I think we should try to find out what is actually going on there. Here are some facts:

• The agreement between SBC and Moirai was signed in March 2012. In January 2013, the lease was varied at the request of Moirai. The revised terms included the following:

• Moirai’s obligation to provide a minimum area of development on the Oasis site was lifted.

• SBC gave up its option to purchase back the Oasis if no development takes place.

• Should recovery of debt be required as a result of loan default, the bank would be able to sell the lease into the open market.

• In January 2011 the Council invited expressions of interest to build a new leisure centre based on the former Clares site. The plan originally submitted by Moirai showed a ski centre, 7,500 seat arena and hotel on the Clares site.

However, in March 2013, Moirai presented a revised plan for the site, moving the arena (reduced to 6,500 seats) to the south side of the Oasis and apparently leaving half the Clares site vacant.

• Moirai said an application for outline planning application would be submitted in June 2013 (it had previously been expected in March that year).

• At the beginning of May 2014, the application had still not appeared on the council’s planning pages. An application for outline planning permission is now expected later in 2014.

• Oasis Operations Ltd, a management company set up by Moirai, was declared insolvent in 2013 (The London Gazette). The directors, who had resigned earlier in the year, are currently named by online data company Companycheck as directors of other Moirai companies.

• According to Companycheck, at the beginning of May 2014 two of the Moirai companies, Oasis Waterpark Ltd and Moirai Capital Investments (Swindon) Ltd, had recommended credit limits of £0.00. Companycheck could not assign them a risk score as it was too long since they filed audited accounts.

On 8 May 2014 Oasis Waterpark Ltd. had filed accounts and the credit limit has been raised to £25,000 with a credit score of 40 out of 100.

According to the lease variation referred to above, Oasis Waterpark Ltd is the company with the lease on the Oasis.

the time the agreement was signed in March 2012, Mr Martin Barber was described as the Chairman of Moirai. Mr Barber’s directorship of Moirai Capital Investments Ltd ended on 17 February 2014. (CompanyCheck)

• Mr Barber said in March 2012: “We are ready to press forward enthusiastically with the first phase, the refurbishment of the Oasis Leisure Centre. . . We have already plans in hand for the replacement of the Dome”.

I don’t know anything about finance, and I do not know what is going on at the Oasis. Clearly these little gobbets of information do not present anything like the whole picture, and they may well be misleading.

However, I question whether, as early as March 2013, when the Council report included the option of “an Oasis type deal”, the council should not have been keeping a closer eye on developments at the Oasis.

I question whether Swindon people should feel confident that the Oasis provides an encouraging model for the future of their leisure centres and golf courses.

In the light of the lease variation agreed in January 2013, I question whether Swindon people can have any confidence that the terms of a lease agreed with a private sector operator to take over the leisure centres and golf courses will not be altered in future at the request of the leaseholder.

And I question whether the Oasis model suggests that Swindon Borough Council is professionally equipped to make a deal with private sector operators over the future of the leisure centres and golf courses which will be to the advantage of the town.”

The Oasis, Swindon Leisure Centres & the Golf Courses


We also note that several other Moirai companies have appeared in the London Gazette notices of being struck off. Sometimes this is because compulsory information required of companies has not been filed within proper time limits, sometimes it isn’t.

It is usually considered preferable for a company’s reputation and the reputation of its directors to (a) file accounts on time and/or (b) voluntarily wind up a company rather than have it struck off.

Exmouth seafront: the battle continues – but who gagged whom and why?

“A gag on information regarding the Exmouth seafront development has been lifted.

East Devon District Council can now openly discuss the £18m project after winning a legal battle against two tenants.

Chris and Maureen Wright lost their court case against the district authority, as they fought to renew their expired leases. …”

… “The district authority refers to Exmouth’s under-performance and reliance on Exeter as reasons for carrying on with the project.

They hope it will attract families, couples on nights out, teenagers, water sports enthusiasts, rainy day and winter visitors and entice the ‘holiday park crowd’ into the town.

The redeveloped area would include eight eateries, including cafes, restaurants and bars.

There’s set to be three shops too, selling water sports clothes and equipment.

Councillor Andrew Moulding, deputy leader of the Council and Chairman of Exmouth Regeneration Board, said:

“This is an exciting time for the town and there are some great projects being brought forward by the council.

“We have an excellent track record of delivering good development for Exmouth and we are looking forward to re-energising the waterfront area with first rate leisure facilities for people of all ages to enjoy.”

http://www.exeterexpressandecho.co.uk/Gag-lifted-Exmouth-seafront-project-court-battle/story-28700398-detail/story.html

Exmouth: Queen’s Drive closed due to strong winds – and sand!

Can you imagine those coming second-home/holiday let potential owners getting hot-under-the-collar at not being able to reach their new, expensive homes – or being trapped in them.

Some great photos here:

http://www.exeterexpressandecho.co.uk/Exmouth-8217-s-Queens-Drive-closed-strong-winds/story-28693407-detail/story.html

and video here:
http://www.theguardian.com/world/video/2014/feb/05/storms-exmouth-coast-video

The hunt for Queen’s Drive Exmouth!

Twitter awash with reports that Queen’s Drive, Exmouth has disappeared under a mass of beach sand …. it has even made The Guardian
#stormimogen

If you develop there, remember this and that global warming will only make it worse ….

Flooding and sandstorm – Exmouth seafront road video

And take a look at the video of a drive on Exmouth seafront road this morning on the Facebook Exmouth Splash (in every sense of the word!) public discussion site.

And if anyone says the development doesn’t need an environmental impact assessment – show this to them!

Moirai … some companies being struck off

New Documents Filed:

29/01/2016 – First notification of strike-off action in London Gazette (Section 652)

Companies were:

MOIRAI CAPITAL INVESTMENTS (TORQUAY) LTD
RIVIERA LEISURE PARK LTD
RIVIERA SPORTS LTD
RIVIERA BEACH LTD

Don’t believe everything you hear – and check it!

Express and Echo today, article on Exmouth seafront campaign, quote from Swire:

“Councillor Moulding assured me that under the plans, there will be a number of free facilities for the people of Exmouth and new attractions for younger people.”

Er, that number could be ONE Mr Swire – and note the construction of the sentence means that the facilities for younger people may well not be free!

Could we have clarification, Councillor Moulding? It seems plans are well advanced so you should have something less vague to tell us.

A lot of people in Exmouth appear not to trust Swire and Moulding

“Campaigners against plans for the proposed redevelopment of Exmouth seafront have renewed calls for an independent consultation with residents.

The Save Exmouth Seafront (SES) campaign group was reacting to the outcome of East Devon MP Hugo Swire meeting with Councillor Andrew Moulding about the plans for the seafront.

The meeting was organised after Mr Swire met with representatives from SES, who welcomed the meeting but were disappointed to have been excluded.

SES said it seemed the meeting was nothing more than Cllr Moulding relaying to Mr Swire what was being planned for the area, as no clear actions appear to have been agreed upon or made clear to the public.

Louise MacAllister for SES,said: “While Mr Swire’s emphasis on local businesses, affordable facilities, and genuine consultation are welcomed, he states that he finds this development exciting for Exmouth.

“This is not representative of the majority view of his constituents in Exmouth who find this anything but an exciting time.

“The failure of any of our elected representatives to act in the interests of residents will only increase the alienation and sense of mistrust that is growing in Exmouth.

“We therefore reiterate the importance of an independent and fully considered consultation with Exmouth residents before any further steps towards development are undertaken”.

After the meeting, which took oplace earlier this month, Mr Swire said: “I stressed to Cllr Moulding the importance of any development being affordable for local people as well as visitors.

“Cllr Moulding assured me that, under the plans, there will be a number of free facilities for the people of Exmouth and new attractions for younger people.

“I also highlighted the importance of a genuine consultation with the people of Exmouth, their elected councillors and local businesses.

“I am particularly keen on the idea of a 3D model of the plans so that my constituents can get a better idea of what this proposed development will look like.”

Mr Swire has also met with campaigners to discuss their concerns over the proposals and what they perceive as a lack of consultation on the plans.

The authority claims there is clear support for the redevelopment and said it was crucial for the future success of Exmouth.

The latest development proposals currently being discussed include a free water splash play area, mini golf, a multi-screen cinema and a large open public space area.

The council claims the development will be a major benefit to the town by boosting visitor numbers and creating new jobs.

http://www.exeterexpressandecho.co.uk/Campaigners-plans-Exmouth-seafront-redevelopment/story-28434868-detail/story.html

What is going on at Queen’s Drive Exmouth?

From Cabinet Agenda papers for meeting on 6 January 2016:

Queen’s Drive update

“AH [Alison Hayward, EDDC] gave an update on the Queens Drive development. She reported that she had been involved with a litigation process in Court in Exeter and Bristol which had lasted 10 days. This was regarding obtaining vacant possession for two sites at Queens Drive that were essential for the delivery of the scheme. This litigation had slowed the delivery process for the development. There was also an issue of using car parking spaces for compounds for the work as these would be needed in the summer months for car parking spaces for visitors.

The Board noted that the decision from the court case would not be available until January 2016. However, Grenadier Estates were moving their reserved matters planning application forward for the road, car parks and compound

The Board wished to thank AH for the work she had carried out at Queens Drive on behalf of the Council and also the amount of time she had spent in the witness box. ”
…..
AH would pick up all the relevant items for a press release. It was acknowledged that the Communications Department needed to be strengthened to avoid problems of misinformation and improve the Council’s marketing of the Regeneration agenda. “

Click to access combined-final-cabinet-agenda-060116.pdf

Swire’s views on Exmouth seafront development … …

“Following a meeting on Friday 19 December on the proposed re-development of Exmouth Seafront with Cllr Andrew Moulding, local MP Hugo Swire said:

‘I am grate­­ful to Cllr Moulding for giving me an up-to-date briefing on the proposed Queen’s Drive development.

As I have said before, change and development is always contentious but often necessary. Any redevelopment of the seafront must provide Exmouth with the modern facilities that it requires whilst also preserving the character and beauty of the town.

I think that this is an exciting moment for Exmouth as the town has long been in need of investment and regeneration. It is to be welcomed that these proposals aim to extend the holiday season in Exmouth, boost the number of small businesses in the town and generate more jobs for local people.

However, I stressed to Cllr Moulding the importance of any development being affordable for local people as well as visitors. Cllr Moulding assured me that, under the plans, there will be a number of free facilities for the people of Exmouth and new attractions for younger people.

I also highlighted the importance of a genuine consultation with the people of Exmouth, their elected councillors and local businesses. I am particularly keen on the idea of a 3D model of the plans so that my constituents can get a better idea of what this proposed development will look like’.

http://www.hugoswire.org.uk/news/exmouth-seafront-statement

Exmouth: EDDC gives masterclass in how to alienate residents

Extract from Save Exmouth Seafront facebook page:

This evening (Dec 16th) a number of SES supporters (abt 30 of us) went to EDDC’s Full Council meeting.

Following a demo outside, five questions were asked of the council on the plans, and Richard Cohen, EDDC Deputy Chief Executive answered these. A precis of his responses is in brackets.

First question was the need for the release of plans into the public domain (answer: apparently there are not yet any to release).

Second question was about the need to take seriously the findings of the seafront survey (recognised a ‘range of views’ but no commitment to act on the findings beyond making them available to developers).

The third question was about how the EDDC portion of the consultation was totally misleading to the students who were at the consultation and in the use of this exercise as justification for the plans (very little to say in answer to this, except that others had been consulted too).

The fourth question was about the issue of the earlier consultation stating ‘no permanent residential’ and yet plans shown over the summer included a large amount of residential therefore further consultation should be undertaken (dismissal that these plans were simply ‘one version’ and patronising comment that people have ‘extrapolated from this’, [I suggest that this is what will happen when you do not tell people what you intend to do to their town], and

finally a question was asked about whose responsibility it will be to clear sand from any development given the large amounts blown across the Queen’s Drive in the recent bad weather (after a moment looking slightly panicked, he answered that this is what will happen on a seafront!).

Further questions were then asked by a number of independent councillors around the proposed development, the need for a consultation, and the secrecy around meetings that are held on this. Unfortunately the answers given were lacking, and the public at one point had to be asked to be quiet as we felt the need to express our general outrage that important questions about the future of Exmouth were not being addressed. The lack of democracy this evening was pretty depressing.

Earlier EDW post on the same meeting here: https://eastdevonwatch.org/2015/12/17/as-a-young-person-of-exmouth-i-feel-misled-and-horrified/

“As a young person of Exmouth, I feel misled and horrified …”

image

So said the Exmouth College student who questioned EDDC leaders last night (16 Dec,2015), about the process behind the seafront development proposals in her town. But Deputy CEO Richard Cohen’s answer skirted around her main point (“I feel misled”), in a Full Council meeting that showed EDDC manipulative management at its very worst.

Blind block-voting without debate; and a Chair who allowed 5 serious questions from Exmouth residents to be rolled into one by the responding officer, thus enabling central points made by the speakers to be glossed over or, (as with the offer by Louise McAllister, specialist in surveys, to meet EDDC), simply ignored.

Not a single question was asked by any Majority Party councillor: only one of the 9 questions put, all from Independents, had a satisfactory answer (given thoroughly by Environment Portfolio holder, Cllr Iain Chubb).

Corporate Services portfolio holder, Cllr Phil Twiss, was unavailable to answer embarrassing questions about broadband, leaving Cllr Ian Thomas apologetically unable to provide informed replies.

The meeting reached a crescendo of ‘confidentiality’, when the critical information needed by councillors before deciding whether to give Leader Paul Diviani ‘delegated powers’ regarding the multi-million pound Heart of the South West (HotSW) devolution bid, was declared (without debate) too sensitive for press and public. So the devolution item was dealt with in private, at the end of the session.

Just a few minutes into this part of the agenda, the Chair, Cllr Stuart Hughes, closed the meeting, somewhat prematurely perhaps. There had been no discussion by councillors, and the whole point of this session had been missed: there was no vote on delegated powers for the Leader.

“Pay to play” in “public” parks

Exmouth Splash project?

” … It is likely that there will be more tensions over the use of public space as councils across the country eye up private partnerships. “We’re seeing a lot of parks looking at introducing facilities that generate income,” said Drew Bennellick, head of landscape and natural heritage at the Heritage Lottery Fund. “Whether it’s Go Ape, crazy golf sites, multi-use football facilities that are floodlit, or cafes – they’re all exploring ways to potentially generate income to offset the cost of running the sites.”

A report by the fund last year estimated that 45% of local authorities are considering either selling parks and green spaces or transferring their management …”

http://www.theguardian.com/cities/2015/dec/13/parents-protest-pay-to-play-parks-privatising-green-spaces

Swire to have ” talks” about Exmouth Splash

As a 100% supporter of the government’s “growth agenda” we can pretty much see how those will go.

On the other hand, there must be even more Claire Wright supporters in Exmouth than ever before …!

How to appear to keep both sides happy? Well, his Foreign Office job – which keeps him away from East Devon so much – in fact, almost all the time – should help there.

http://www.midweekherald.co.uk/news/mp_in_seafront_talks_as_group_campaigns_1_4342213

“95% reject Exmouth seafront plan”

Good luck with that, good people of Exmouth – EDDC’s default position in such cases is to go with the views of the 5%, which includes the views of their favourite people of all time – developers.

http://www.exeterexpressandecho.co.uk/Survey-shows-8216-95-reject-Exmouth-seafront-plan/story-28245099-detail/story.html

Exmouth ” phased development” – pull the other one!

Just love the last sentence in this article from Exmouth Journal website! Councillors now totally redundant ( see also post below on Knowle redevelopment).

Exmouth Fun Park, in Queen’s Drive, is in the area East Devon District Council (EDDC) wants to redevelop with new buildings and leisure facilities – the so-called Splash.

Redevelopment of the fun park was not scheduled to occur until ‘phase three’ of this plan, earmarked for a later date.

However, EDDC now says it needs to fill in the park’s two boating lakes sooner, in order to create a site compound for contractors working on phase one of the redevelopment – the realignment of Queen’s Drive.

The plan to move the road is in a separate planning application, which was backed by a majority of members of Exmouth Town Council’s planning committee – although some said it was premature with detailed plans for the whole area not yet revealed.

However, considering an application to fill in the lakes, councillors voted to defer until legal action regarding the site had been concluded, and a public consultation could be carried out.

Councillor Maddy Chapman said: “I ask this be deferred until after the court cases, and until we know what’s happening, and we can go out to public consultation and we all know what we’re doing.”

Councillor Steve Gazzard said: “The whole idea, as I understand it, was to see what the people of Exmouth would like to see on that site.

“If you are going to fill in two ponds, I take it, rightly or wrongly, that a decision has already been made. I don’t like that.”

An EDDC spokesman said: “The applications considered by Exmouth Town Council have been submitted to ensure that the relocation of the road and car park can move forward at the earliest opportunity. We are currently going through a legal process with the fun park tenant and it would be inappropriate to make any further comment at this stage.”

EDDC planners will decide on permission.

Q. When is a Plan not a Plan? A. When it’s an EDDC fudge?

At the July Public Examination Inspector Thickett instructed EDDC to reach agreement with Natural England over outstanding issues regarding compliance with the European Habitat Directive. These are legally binding on EDDC and, therefore, potential show stoppers. (It is claimed the phrasing he used was “lock yourselves in a darkened room until you reach agreement” – but who would voluntarily do that with an EDDC planner?).

Not surprising then to find the amendments proposed to the Draft Plan by EDDC in August didn’t mention that agreement had been reached, only that there had been a “dialogue”. EDDC’s proposed solution is to duck the issue by removing any dependency between the Exmouth Master Plan and the Local Plan i.e. Exmouth regeneration is irrelevant to achieving the staggering economic growth assumed in the Local Plan.

So the Watch watchers were interested to read the following article by Becca Glidden in last Week’s Journal under the title “Setback for major regeneration sites”. Amongst all the nuanced phrasing we are left wondering when is a plan not a plan? Maybe our readers can enlighten us?

Here is the text of the article:

Major sites earmarked for regeneration have been struck out of a major new planning document – after objections from Natural England.

The sites include the seafront Splash Zone/ Queen’s Drive, the Imperial Road car park, the rugby ground, bus station, estuary car park, London Inn car park and town centre post office.

They have been removed from the proposed East Devon Local Plan, which is currently undergoing public consultation.
The regeneration works have been deleted from the proposed planning document because Natural England said the proposals were not `legally sound’.

Natural England, a group championing the preservation of the natural environment for future generations, said East Devon District Council (EDDC) had failed to carry out a full conservation assessment of the Exmouth sites earmarked for regeneration. [Comment from Owl: Natural England is the Government’s statutory advisory body on this – i.e. top dog].

In a letter to EDDC, Natural England said: “Because we advise that we are unable to agree that the Habitat Regulations Assessment is complete, we consider that the Local Plan is not legally sound, since the statutory requirements of the assessment process have not been followed.

This remains the case.”

The regeneration sites are contained in a document called the Exmouth Masterplan, a planning paper which forms part of the proposed East Devon Local Plan.

An EDDC spokesperson told the Journal: “The Exmouth Masterplan is one of a suite of planning documents that support the [proposed] Local Plan, however, the Exmouth Masterplan needs updating.

“The issue which Natural England has concerns about, is whether all of the Exmouth Masterplan can be acceptably delivered, bearing in mind the possibility of adverse impacts on the Exe Estuary wildlife site.

“Because of the concerns expressed by Natural England, the council has withdrawn the direct links/references between the Exmouth Masterplan and the Local Plan to enable the Local Plan to move forward.

“The sites in Exmouth can still come forward, but to show that they are acceptable, each site and the scheme on that site will need to be subject to its own detailed assessment under the habitat regulations – Natural England will take a keen interest in these assessments.”

The district council said the seafront Splash/ Queen’s Drive, the Imperial Road car park, the rugby ground, bus station, estuary car park, London Inn car park and town centre post office would be included in a refreshed Masterplan, a council document which sets out the future for Exmouth.

The council said its regeneration plans for Exmouth were ongoing and would be completed.

The spokesperson said plans would be submitted for the Splash/Queens Drive development before the end of the year.
“Projects in the Masterplan remain in place for delivery. The delivery of Masterplan projects will be aligned with the new Local Plan policies, as well as wider rules and regulations. In the mean-time, the existing Masterplan remains in force.

“The Queen’s Drive proposals are proceeding and a planning application for the enabling works – road and car park – has recently been submitted.

“An application for the second phase will be forthcoming before the end of the year.”

Our summary: Now you see it, now you don’t!

That could be EDDC’s new motto, perhaps!

Exmouth seafront “dangerous territory” says council leader

Mysterious words from EDDC Leader Paul Diviani at the latest Full Council apparently. They tumbled out in response to a barrage of questions from IEDA Councillors, following issues raised by representatives of the Save Exmouth Seafront (SES) campaign.

East Devon Watch has received this summary:

“Cllr Megan Armstrong quoted from Exmouth Regeneration Board minutes (7th Oct 2015) which state that the area was being regenerated “for the wider benefit of Exmouth” . Was this statement, and other justifications for the seafront development, “based on facts, assumptions, or wishful thinking by the Council”, she asked?

Cllr Ben Ingham picked up her point, saying that the Council should “tell the truth”, that their Exmouth seafront plans were to make money to fill an anticipated gap in their finances. It was “total rubbish” to pretend it was “for the wider benefit of Exmouth”.

Cllr Ingham also referred to concerns raised at public question time about EDDC’s choice of partnership company for the seafront development. SES had sent Councillors their research on the matter. But Cllr Cathy Gardner’s proposal that the Scrutiny Committee should check that due diligence had been properly done, was summarily dismissed by Leader Paul Diviani. “You are wandering into territory that is very dangerous”, he told her.

A (combined?) written reply to the Independent Cllrs was promised.”

More on the Save Exmouth Seafront campaign on BBC RADIO DEVON’s breakfast programme today and on RADIO EXE.

Some background here:

Independent EDA Exmouth Councillor’s speech to Cabinet

EDDC confirms that meetings about Exmouth seafront are taking place in secret with no minutes

“You have asked for details of meetings held with Grenadier, Exmouth Bowling Club and NCIS as well as a copy of a presentation to Exmouth Town Council, in relation to the development at Queens Drive, Exmouth.

I am advised that no minutes of the meetings referred to above are held.”

https://www.whatdotheyknow.com/request/meetings_re_the_splash#incoming-716477