Ice rink operators hit back at councillor's 'disappointment' over repair action

Basingstoke and Deane Borough Council is the owner of the leisure park but Basingstoke ice rink is not a council-run facility. It was leased to Standard Securities in 2000, who in turn lease it out on a long-term basis to operators Planet Ice.

Discussions between the three parties on necessary repair work to the facility have been ongoing for a number of years.

While the scope of work needed has recently been assessed, decisions over when work will be carried and, crucially, how it will be funded, remain unresolved.

Cllr John Izett, cabinet member for regeneration and property, said he was “disappointed” by Planet Ice’s recent proposal to the council, which requested a contribution of almost £1.5 million, as well as Standard Securities requesting a 30 year extension of their lease without paying any rent to the council.

In response, Planet Ice's chief operations officer, Heath Rhodes, in collaboration with Standard Securities, released a statement, as they “feel it is only right to give the general public, including Basingstoke Ice Users, a more rounded and accurate account of proceedings over the last 12 months regarding the communication between Councillor Izett, BDBC Officers and themselves.”

The statement states that Planet Ice submitted a “detailed scope of works” to the council, as well as a detailed request for contribution, as requested by the council.

It says that, at the meeting in early December referred to by Cllr Izett, “there was no suggestion of any disappointment” and that the two companies “were thanked for the work Planet Ice had done in producing the reports but equally told that BDBC could not meet any part of the request for a contribution to the repairs.”

Planet Ice and Standard Securities claim they were given reasons as to why the council would be unable to help financially, “which included but not exclusive to ‘the council could not give financial support to a private organisation as it could set a dangerous precedence’”.

The two companies maintain that the root of the maintenance issues with the ice rink stem from work which occurred after the sale of the rink to Planet Ice in September 2000, by the then officers of the borough council (not the same officers as today).

The statement read: “At that time Planet Ice paid £750,000 plus an additional agreed spend of £1.5 million to improve the current facility, including cladding the outside, and it was only at the point of the completion of the refurbishment was the lease legally binding between BDBC and Planet Ice.

“After the sale took place, and now that the rink was in operation by Planet Ice, BDBC contractors demolished a section of the building that connected the ice rink with the then leisure centre/swimming pool. It was at this point that the issue occurred that has caused the damage to the ice pad in the rink. Planet Ice know that the heat exchanger located in the plant room that was used for both the swimming pool in the leisure centre and also for the heater mat in the ice rink, was disconnected - certainly not maliciously but most probably without the understanding of the consequences. The heater mat is what is used to prevent permafrost from occurring under the ice pad. Over the last 20 year period the perma frost has increased to create the situation seen today. Planet Ice have been aware of the problem since 2012 and whilst not playing the blame game, both Planet Ice and Standard Securities feel that there is justification by all parties to find a contribution to the remedy.”

The statement goes on to say that the companies have received very little communication from the council in way of options moving forward, having being excluded alongside all press and public from the most recent update on the matter on December 16 and, having asked for an update, receiving only “an email on December 23rd stating they were looking at options.”

One option described by Cllr Izett in his statement before Christmas was that, should the council feel that Planet Ice could not continue to operate the ice rink safely in its current state, it could serve legal notice on them to undertake the repairs.

The statement from Mr Rhodes and Standard Securities makes clear that, should this option be taken, the ice rink building would no longer be viable: “ Planet Ice and Standard Securities agree that this will no longer be seen as viable and will explore an alternative use for the building.”

The companies expressed their own “disappointment” at being continually asked for reports, including one detailing a request for contribution, only to be told no contribution would be possible.

However, as it stands, Planet Ice says it is currently happy with its ability to continue operating the rink.

It said: “Obviously the time span and longevity of the ice pad is always a matter of debate and to some extent an unknown but under the current circumstances Planet Ice are comfortable with the foreseeable future of the pad. Planet Ice shall continue to have surveys done on a regular basis and address and review any issues.

“At this stage we are still awaiting any further options offered by BDBC on the way forward because in the final analysis the survival of the ice rink is dependent on support from them.”

Planet Ice and Standard Securities Response to the Statement from BDBC on December 24th (in full)

Having read the statement made by Councillor Izett published on the BDBC website on December 24th and also published by the Basingstoke Gazette, both Planet Ice and Standard Securities feel it is only right to give the general public, including Basingstoke Ice Users, a more rounded and accurate account of proceedings over the last 12 months regarding the communication between Councillor Izett, BDBC Officers and themselves.

Planet Ice submitted a detailed Scope of Works to BDBC regarding the repair works to include, amongst other items, the issues surrounding the Ice Pad of the Basingstoke Ice Rink on October 16th 2020. Equally at the Council request, Planet Ice submitted a detailed request for a contribution to the cost of repairs sent to council officers Kate Dean and Jonathan Banham on October 29th 2020. It was not until December 4th did Planet Ice and Standard Securities receive a request for a virtual meeting with Councillor Izett, Kate Dean, and Jonathan Banham to discuss the Scope of Works and the request for a contribution. Within that meeting, which was minuted, there was no suggestion of any disappointment as indicated by Councillor Izett on the statement published on the BDBC website on December 24th. Planet Ice and Standard Securities were thanked for the work Planet Ice had done in producing the reports but equally told that BDBC could not meet any part of the request for a contribution to the repairs and also gave reasons as to why, which included but not exclusive to ‘the council could not give financial support to a private organisation as it could set a dangerous precedence’.

At this point it is important to note that the root of the underlying issue that has got us to where we are today was the work that was undertook after the sale of the rink to Planet Ice in September 2000 by the then officers of BDBC (not to be confused with the council officers of today). At that time Planet Ice paid £750,00.00 plus an additional agreed spend of £1.5 million to improve the current facility, including cladding the outside, and it was only at the point of the completion of the refurbishment was the lease legally binding between BDBC and Planet Ice.

After the sale took place, and now that the rink was in operation by Planet Ice, BDBC contractors demolished a section of the building that connected the ice rink with the then leisure centre/swimming pool. It was at this point that the issue occurred that has caused the damage to the ice pad in the rink. Planet Ice know that the heat exchanger located in the plant room that was used for both the swimming pool in the leisure centre and also for the heater mat in the ice rink, was disconnected - certainly not maliciously but most probably without the understanding of the consequences. The heater mat is what is used to prevent permafrost from occurring under the ice pad. Over the last 20 year period the perma frost has increased to create the situation seen today. Planet Ice have been aware of the problem since 2012 and whilst not playing the blame game, both Planet Ice and Standard Securities feel that there is justification by all parties to find a contribution to the remedy.

Since then Planet Ice have been in discussion with BDBC regarding the issue and during this period of discussion the possible redevelopment partnership between BDBC and New River has clouded the events even more.

At a virtual meeting on December 4th BDBC Officers and Councillor Izett were reminded by Standard Securities that the requirement to keep the ice rink for twenty years had expired and that Standard Securities are able to convert the site to another leisure use if the ice rink was no longer viable. The request to extend the head lease for another thirty years was part of a trade off to extend the ice rink user clause for another twenty years and hence show Standard Securities commitment to keeping the building as a rink.

It should also be noted that Standard Securities, as landlords to Planet Ice, have cancelled any rent review increases (not rent payments) and also taken on the liability of the service charge at a cost to Standard Securities of £50,000.00 per annum payable for services provided by BDBC.

As a result of the reminder from Standard Securities, Councillor Izett stated that BDBC would want to explore whether there was a viable commercial solution such as where the leases were ‘regeared’ so that Standard Securities would pay a rent to the council. It was stressed by Councillor Izett that this had no approval by the cabinet currently but if Planet Ice and Standard Securities were interested then he would explore this. Both Planet Ice and Standard Securities agreed for this to be looked at and also agreed to produce options as well.

On the basis that there was no contribution to funding from BDBC and also since that meeting there was no further communication from BDBC for a ‘regearing’ of the leases, Standard Securities offered up the option to continue to operate the building for the foreseeable future until it was no longer viable.

At the last CEP meeting on Wednesday December 16th where the Ice Rink was on the agenda it was decided that the discussion with BDBC Council Officers and Councillor Izett would go into a private session and Planet Ice along with the general public would not have access to that discussion. Planet Ice and Standard Securities, who have a vested interest, were not informed of the private session despite asking for an invite to ask a question of the CEP members. The reason for using the opportunity to address the CEP members was to confirm that the CEP members and Chair had all the most recent reports and facts regarding repairs. Planet Ice found out the decision to go to private session when receiving the agenda. Apparently, this was a decision made by BDBC due to certain information being sensitive.

Planet Ice have requested an update to that discussion and to date have not been informed in any detail nor has there been any further indication from Council Officers or Councillor John Izett with regard to the original offer at the virtual meeting held prior to the CEP of a regearing of the lease – merely an email on December 23rd stating they were looking at options.

According to the statement made on December 24th by BDBC on their website, one of the options now is to serve legal notice on Standard Securities to undertake the repairs. This in turn will be passed to Planet Ice and Planet Ice and Standard Securities agree that this will no longer be seen as viable and will explore an alternative use for the building.

What is being lost in this is that New River and BDBC have entered into an option to redevelop the leisure park and surrounding land – this was a tender which included a newly built ice rink facility. Both parties have since been looking at alternative options to this which include leaving the existing building in it’s current position. It has not been indicated whether they would want Planet Ice as the operator for the future development and neither have indicated when the work would start on the leisure park redevelopment. Consequently, Planet Ice are being asked to invest in repairs to an ice rink that currently has no known predetermined future – it may stay as it is - or it may be that a new rink could be built – or possibly no rink. If it is decided to build a new facility at a cost of circa £8m then BDBC would serve notice on the current facility – but when would that be? and would it be sufficient time for Planet Ice to recoup the investment made to repair the current issues the rink faces. It seems Planet Ice are expected to invest in a building that neither party can state Planet Ice will operate into the future, or decide whether it will stay or go.

Both Standard Securities and Planet Ice have remained open and transparent throughout this process. There is disappointment that BDBC Officers requested a scope of works from Planet Ice of the cost of the repairs when they already had two detailed reports on the repairs and also costings for a new build generated by Ice Tech and IPW that they have not disclosed on the basis that they are draft after 6 months of being published to BDBC Officers. These have been in their possession since July 2020 for the report from IceTech and August 2020 for the report on IPW. The IceTech report produces a cost to the same scope as the one Planet Ice produced at £1.5 million more. The report doesn’t just support a theory that Planet Ice caused the failure of the heater mat in the first place but actually firmly lays the blame at Planet Ice’s door without offering any justification or reason why Planet Ice would do this. Why would an ice operator knowingly want to run the risk of permafrost in a building on a long term lease? Also, why would BDBC ask Planet Ice for a detailed request for a funding contribution in October, and then in December at the virtual meeting it was stated that they would not be able to fund any part of the funding request. And further, why then request a private session at the CEP meeting to discuss figures deemed sensitive, which were produced by Planet Ice in the first place, and BDBC not allow Planet Ice access as part of that discussion?

Planet Ice received an email from Council Officers on the December 23rd requesting further confirmation of our option to continue to operate until the rink no longer becomes viable. There was an estimate of a further 5 years of operational future and this was also made clear in a previous response dated December 16th whereby Planet Ice supported Standard Securities view on the future of the rink by stating that currently Planet Ice were aware of the issues relating to the rink and have dealt with any occurrences that have been reported from the surveys we have had and that Planet Ice shall continue this process for the foreseeable future whilst the rink remains functional and viable.

Obviously the time span and longevity of the ice pad is always a matter of debate and to some extent an unknown but under the current circumstances Planet Ice are comfortable with the foreseeable future of the pad. Planet Ice shall continue to have surveys done on a regular basis and address and review any issues.

At this stage we are still awaiting any further options offered by BDBC on the way forward because in the final analysis the survival of the ice rink is dependent on support from them.