Town Deal : Request for Re-examination of Projects

Whitby Aerial View

Following on from the result of the 6th October Town Poll, we have written to the Whitby Town Deal Board and to the UK Government Department for Levelling Up Homes and Communities (DLUHC) to re-examine the Old Town Hall and Maritime Training Hub projects. The levels of communication and consultation with these and other projects in the Town Deal have been particularly poor and residents strongly feel that their voice should be front and centre of such “regeneration” efforts.

Our letter to the DLUHC is as follows

To: Rt Hon Michael Gove MP

Secretary of State for Levelling Up, Housing and Communities, Minister for Intergovernmental Relations Department for Levelling Up, Housing and Communities

Dear Secretary of State,

Outstanding Whitby (North Yorkshire) Town Deal Projects

I write to you as the Minister of State for Levelling Up, Housing and Communities, with particular reference to your responsibility for Town Deal Funding.

Six Town Deal projects were approved for Whitby, North Yorkshire. Of those, the Whitby Eastside Community Hub is complete and the Whitby Wayfinding and Gamification project has been partially achieved. The projects were originally under the remit of Scarborough Borough Council, which has now been replaced by North Yorkshire Council.

I chair Whitby Community Network (WCN) which is an issues-based group working towards achieving a sustainable and buoyant future for this historic coastal town. WCN wishes to alert you to the considerable concern being expressed by many of the residents of Whitby who happen to have become aware of the remaining Town Deal Projects, despite woefully inadequate levels of consultation with the local community.

We contacted the Whitby Town Deal Board (WTDB) on 12/09/2023 urging the submission of a “Project Adjustment Request”, to ensure that local interests are front and centre of these proposed changes and that they ensure a sustainable future for Whitby, but have yet to receive a response. We have also sent a follow-up letter in the light of the latest Town Poll results.

The projects in question are the Whitby Maritime Training Hub; Whitby Old Town Hall and Market Place; Whitby Harbourside Public Realm Improvements and the Pedestrianisation of Whitby Swingbridge:

Maritime Training Hub

Many residents have no awareness of the proposed Maritime Hub, which would be situated on the harbour frontage in the very heart of the historic townscape. Situated on a Zone 3 flood plain, with increasing risk of flooding due to climate change, this significantly challenging engineering project could preclude the future use of the harbour for environmentally desirable maritime uses, such as tidal power and near-shore habitat restoration and sustainable food production. The maritime training facility the development purports to create does not represent real growth. It would only replace a facility already established in the town. The Hub could alternatively be accommodated in vacated school premises in the town.

The recent policy changes that allow up to 30% adaptation to Town Deal plans to be decided locally, means that North Yorkshire Council could amend the plans to develop the Maritime Hub. Yet North Yorkshire Council is the Plaintiff in an ongoing audit-related legal case, to determine whether the land is owned by the Council in its capacity as the Local Authority or as the Statutory Harbour Authority. That legal case is not scheduled to be heard by the High Court until March 2024, leaving little time for completion of a very challenging construction project within the Town Deal funding deadline. We note that Todmorden put forward a proposal to change its original Town Deal programme: an alternative town centre-based site for the proposed Enterprise Centre was considered due to increased flood risk, and was subsequently agreed by Calderdale Council.

Whitby Old Town Hall

The proposed changes to the historic Town Hall provide an example of a flawed consultation exercise, in that it disproportionately included tourists and visitors and excluded residents. As a minimum, this needs to be repeated to truly consult with those who live and work in Whitby. Clearly, tourism is now a key industry in a town such as this but it is vital that residents are not overlooked in key decisions.

We are concerned to note that the planned restoration of the 1788 Neoclassical style Georgian Grade II* listed Town Hall building, did not consult with the Georgian Group initially and then appeared to ignore the expert advice offered. Causing “significant and irreversible harm to the special architecture and historical significance” surely should be explicitly avoided in levelling up projects, particularly in a small town such as Whitby whose tourism is based on its heritage.

Eco-Village

It appears that the identified Developer has withdrawn from the Eco-Village development and this much-needed project has stalled. As concerned residents, we have not been informed or consulted on how this will now be taken forward.

Whitby Harbourside Public Realm Improvements

The lack of consultation with residents and businesses with regard to the Whitby Harbourside public realm improvements and pedestrianisation of Whitby Swingbridge is another flawed consultation exercise. The lack of vision for this conservation harbourside area in a major tourist destination is extremely disappointing. This area could form an attractive harbourside “park” which would appeal to visitors and locals alike. Whitby lacks public open space, but the great central sweep of the harbour somewhat compensates, it is the heart of the town and an integral part of everyone’s daily life and therefore needs to be treated with respect and an understanding of the Town’s heritage.

Recently a Town Assembly was convened, which resulted in those present calling for a Town Poll to be held, with 2 of the questions regarding Town Deal projects (Whitby Parish Poll, 6th October 2023), and the results are shown below.

Should Whitby Town Council petition the Department for Levelling Up, Homes and Communities (DLUHC) to halt and re-examine the Whitby Town Deal Board project to regenerate the Market Place and the restrict the project to the renovation of the Old Town Hall? YES (85.7%), NO (14.3%)

Should Whitby Town Council petition the Department for Levelling Up, Homes and Communities (DLUHC) to halt and re-examine, in consultation with Whitby residents, the Whitby Town Deal Board project to build a Maritime Training Hub on Endeavour Wharf? YES (81.5%), NO (18.5%)

The results are statistically significant with a 95% confidence level and a margin for error of 5.5%. Thus, there is a high degree of confidence that they represent a clear dissatisfaction with the Town Deal process for these two projects.

The Towns Fund guidance (section 4) states the following “ensuring communities’ voices are involved in shaping design and decision making at each phase of development”. With these 2 projects the local community was not adequately consulted regarding the project choice of what should go forward. With regard to the Maritime Training Hub project there has been no consultation with the community on any other aspect of the project thus far. With the Old Town Hall project, there was a one-off consultation, in person, for those people who just happened to hear about it and were available to attend. The majority expressed views to perform a basic and necessary restoration of the building only, and to omit any plinths / glass screens, yet these aspects somehow were retained.

On behalf of WCN, I therefore request that these plans are reviewed by your department to ensure that local interests are front and centre of these proposed changes. We are particularly concerned to ensure the projects meet WTDB’s Objective 7 “Provide opportunities to live lighter in our environment” because of the increased risk of flooding and flash flooding now being experienced, the latest incident being on 5th August 2023 with Storm Antoni.

Thank you for your assistance in this important matter.

Yours faithfully

Whitby Community Network

Cc: Rt. Hon. Sir Robert Goodwill MP: , Member of Parliament for the Scarborough and Whitby constituency,
Richard Flinton: , Chief Executive, North Yorkshire Council

Our letter to the Whitby Town Deal Board, not having had a reply to our previous letter, is as follows

To: Barry Harland,

Chair of Whitby Town Deal Board

Dear Mr Harland,

Whitby Town Deal Projects – Town Poll

I write to you as the Chairman of the Whitby Town Deal Board.

You will be aware that recently a Town Assembly was convened which resulted in those present calling for a Town Poll to be held and the results are shown below. While the turn-out was disappointing, this is largely due to the in-built limitations of the Town Poll process and the fact that the majority of residents know very little of the proposed projects, the results are nonetheless statistically significant.

Should Whitby Town Council petition the Department for Levelling Up, Homes and Communities (DLUHC) to halt and re-examine the Whitby Town Deal Board project to regenerate the Market Place and the restrict the project to the renovation of the Old Town Hall? YES (85.7%), NO (14.3%)

Should Whitby Town Council petition the Department for Levelling Up, Homes and Communities (DLUHC) to halt and re-examine, in consultation with Whitby residents, the Whitby Town Deal Board project to build a Maritime Training Hub on Endeavour Wharf? YES (81.5%), NO (18.5%)

Despite the turnout, the results are statistically significant. They reflect the views of the total electorate with a 95% confidence level with a margin for error of 5.5%. Thus, there is a high degree of confidence that they represent a clear dissatisfaction with the Town Deal process for these two projects.

Given the overwhelming view of those who voted, we hope that these plans will be reviewed by the Town Deal Board, with a view to making a “Project Adjustment Request” to ensure that local interests are front and centre of these proposed changes and that they ensure a sustainable future for Whitby residents and for future generations.

Thank you for your assistance in this important matter,

Yours faithfully,

Whitby Community Network

Cc: Rt. Hon. Sir Robert Goodwill MP: , Member of Parliament for the Scarborough and Whitby constituency,
Richard Flinton: , Chief Executive, North Yorkshire Council

N

The Town Deal team replied to our email, as follows

Thank you for your correspondence on behalf of the Whitby Community Network dated 12 Sep 2023 entitled Outstanding Whitby Town Deal Projects and 20 Oct 2023 entitled Whitby Town Deal Projects – Town Poll. I have attempted to address the points raised in the order they were received:

Letter dated 12 Sep 2023 – Outstanding Whitby Town Deal Projects

Living lighter in our environment

You raise the Town Investments objective to

Provide opportunities to live lighter in our environment.

This is a cross cutting theme and one that we encourage all of our projects to try and address. All projects carried out a sustainability screening at the beginning of the programme which highlighted ways the projects could address environmental impact. These were appraised by the local authority’s zero carbon officer.

Specifically low carbon and sustainable technology is being incorporated in the Whitby Maritime Training Hub and technologies such as air source heat pumps, heat recovery and solar energy generation will be used where appropriate. The building will be constructed to minimise ongoing energy use.

It is intended that the Broomfields Farm development will be built to sustainable homes standard and will incorporate green construction and living measures such as EV panels, sustainable drainage and vehicle charging points.

Whitby Harbourside Public Realm Improvements and Pedestrianisation of Whitby Swingbridge aims to promote a better pedestrian environment for visitors and residents, reducing the impact of the motor vehicle and improving air quality within the town centre.

Maritime Training Hub

The site selected Maritime Training Hub has historically been used for commercial activities that support the maritime industry over many decades and the proposals intend to build on this heritage to create a modern facility to accommodate maritime and marine businesses which create opportunity and employment for future generations. Alternative sites were considered for this development but the wharf provides the best option for the new facility due to its designated function, proximity to the quayside, and links to the wider town and its facilities.

The project sponsors are aware of the sensitive nature of Endeavour Wharf in terms of both the historic setting and flood risk. We can reassure you that consultation with the planning authority, the Environmental Agency and Historic England has taken place and has influenced both the intended use and design of the building. The water compatibility of the building is a significant design consideration and a flood risk assessment has taken place resulting in mitigation measures. The design team have also listened to feedback from local users and stakeholders during the design phase to modify the scheme so that the proposals are in keeping with the environment yet provide a practical facility that will serve the industry’s needs.

Whitby Old Town Hall

The consultation for the Whitby Old Town Hall was wide-ranging with interactions including on-line surveys, public drop in sessions, a display at the library, meeting’s with the traders, local groups, emergency services and councillors. Activities were also promoted via Social Media, Residents Newsletter and Residents Panel and direct emails to stakeholders. We do not consider the process to be flawed and residents had significant opportunity to take part in the consultation. As a result of the consultation and representation received the scheme was modified, the landscaping was reduced and glazing element not taken forward, resulting in a scheme which will enhance and protect the historic building. The repairs, refurbishment and work to the platform have now received planning permission with work commencing in New Year.

Broomfield Farm – Affordable Low Carbon Homes

You are correct that the original developer for the Broomfields Farm development has withdrawn from the scheme. The Town Deal Board and the council still support the principles of the project and are seeking an alternative developer to take the project forward. The Town Deal Board strongly supports the need for more affordable housing in Whitby.

Whitby Harbourside Public Realm

The project team did undertake initial consultation on the proposals with the local community and have made amendments to their plans in response. The team will be undertaking public consultation on the revised scheme in November 2023 and the Whitby Community Network will be welcome to attend.

Letter Dated – 20 Oct 2023 entitled “Whitby Town Deal Projects – Town Poll”

Whilst it is a matter for the Whitby Town Council to decide whether they wish to petition the Department for Levelling Up in respect of the Old Town Hall and Maritime Training Hub projects, I will undertake to discuss this latest correspondence and your suggestion that the Board review the projects in question with the Whitby Town Deal Board at its next meeting.

Please note however that whilst the Project Adjustment Request (PAR) process is intended to assist towns in making necessary modifications to their proposals, project sponsors must seek to deliver the projects as agreed in the Town Investment Plan in the first instance.

Yours sincerely

Barry Harland
Chair, Whitby Town Deal Board

and the Department for Levvling Up Homes and Communities finally responded on 17th November 2023, as follows

Thank you for your letter dated 20 October 2023 to the Secretary of State for Levelling Up, Housing and Communities. Sorry for the delay in sending you a reply. I have been asked to respond on behalf of the Secretary of State as part of the team responsible for the Town Deals programme. We have carefully noted your concerns about the following projects that form part of the Whitby Town Deal:

  • The Maritime Training Hub
  • Whitby Old Town Hall and Marketplace
  • Harbourside public realm, Pedestrianisation of Whitby Swingbridge
  • Broomfields Farm Zero Carbon Living

The Town Deals programme aims to regenerate towns by funding projects that support the delivery of long-term economic growth, improve living standards and improve the quality of life for residents. Whitby was awarded £17.1 million by Ministers to deliver upon projects that would achieve these aims. A key principle of the programme is that decision-making is devolved to local communities through the establishment of a Town Deal Board which includes representation from across the community. You will be aware that the Whitby Town Board includes representation from across the community including:

  • Robert Goodwill MP
  • North Yorkshire Council
  • Whitby Town Council
  • Local community leaders, businesses, and other stakeholders in the area.

Whitby Town Board has responsibility for the strategic direction of the Towns Fund programme in the area and monitoring its implementation. They should work within the governance arrangements and policies of North Yorkshire Council who are the lead accountable body for the Town Deal.

Whitby Town Board was required to develop a Town Investment Plan (TIP) setting out evidence-based challenges and opportunities in the area, the vision and strategy for the town informed by wider community engagement, a summary of planned intervention projects, and the proposed programme governance and management arrangements. The government assessment of the TIP determined the indicative funding award, with Whitby receiving £17.1m for a package of projects that supported delivery of the town’s strategy set out in the TIP.

A detailed business case was developed for each project and Whitby Town Deal Board and Scarborough Borough Council (as the local authority at the time) were required to demonstrate the project’s strategic fit, viability, and value for money. In line with the principle of devolved decision making, the project business case had to be signed-off locally by the Town Deal Board and Scarborough Borough Council’s Chief Financial Officer. Decision-making and local assurance is rightly a local matter, however for all Towns Deal projects the lead council was required to send the department a ‘Summary Document’ and ‘Monitoring and Evaluation Plan’ based on the content of the full business case. These were reviewed to ensure there was a robust case for the project and that effective delivery and risk management arrangements were in place before funding could be released.

Our understanding of the current position is as follows:

Broomfields Farm Zero Carbon Living: We are aware that the developer has withdrawn from the project and DLUHC and Homes England officials are working with Whitby Town Deal Board and North Yorkshire Council officers to explore alternative delivery methods.

Maritime Training Hub: North Yorkshire Council officers have engaged with the planning authority, Environment Agency, Historic England and local stakeholders to inform the design of the building and discuss and mitigate against flooding on the proposed site. A flood risk assessment was carried out and mitigation measures have been identified. Officers at North Yorkshire Council produced a robust business case for the project, demonstrating how the project would contribute to the Town Investment Plan, which includes the objective of growing Whitby’s maritime sector, thus enhancing key offshore industries such as renewable energy. We are in touch with North Yorkshire Council officers regarding the legal case you mention in your
letter and whilst we currently understand that the Council’s court application in connection with the long standing objection to its accounts does not affect the deliverability of the Whitby Maritime Training project, or adversely impact the project timescale, we will continue to keep this under review with the Town Deal Board and North Yorkshire Council officers.

Cross-programme consultation and community engagement: Whilst DLUHC officials assessed that sufficient consultation had taken place during the review of the summary documents, it is important that members of the community continue to be engaged and updated on developments. Members of the Whitby Town Deal Board and North Yorkshire Council officers are tasked with engaging with and representing the views from across the community and updating the public on progress. I understand that there has been some engagement by North Yorkshire Council officers with Whitby Community Network already and there will also be further opportunities for discussion as each project goes through planning permission. We have also asked North Yorkshire Council officers to continue to ensure sufficient consultation and engagement with the community.

Based on the information in the Whitby TIP, and review of the Summary Business Case Documentation, we were satisfied that there was a robust rationale established for all projects in the Whitby Town Deal, including those projects highlighted in your letter. We continue to engage with Whitby Town Deal and North Yorkshire Council, including attending Town Deal Board meetings in an observer capacity to ensure delivery of the programme of projects.

I would stress that Town Deal funding must be spent by March 2026 at the latest. The Government is keen to see delivery of all projects within this timeframe so that we deliver on our mission to level up all parts of the UK. Whilst a project adjustment process is available, it should be used only for necessary modifications to Town Deal Projects and a robust case for change must be made and criteria followed.

I hope this letter provides clarity on the Town Deals decision-making process and explains why the specific concerns that you have raised in your email are a matter for the local decision-makers, Whitby Town Deal Board and North Yorkshire Council. I understand that the Chair of Whitby Town Deal Board has responded to you to address the concerns you have raised in more detail.

Thank you once again for raising this important matter with the Department. We will pass on your concerns regarding this project to North Yorkshire Council as the accountable body

Kind Regards

CorrespondenceTeam

Needless to say, both of these replies have given no reason to change any part of our assessment of the Town Deal projects presented on our Town Deal page, with an utter lack of local consultation on the definition of which projects should have happened, a lack of responsiveness to local concerns (case in point being the plinth), and a lack of local representation (admitted by the NYC Officer for Regeneration, the sum total of 3 Whitby residents out of 23 board members). Misspending of public money that doesn’t address what people really need?

Share this