Agenda and minutes

Cabinet Sub-Committee (FTC)
Tuesday, 30th August, 2011 4.00 pm

Venue: Crompton Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Christine Chester 

Items
No. Item

1.

Election of Chair

Minutes:

RESOLVED: That Councillor Akhtar be appointed Chair of the Failsworth Trust Committee for the Municipal year 2011/12.

2.

Apologies For Absence

Minutes:

Apologies for absence were received from Councillor Jabbar.

3.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

4.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

5.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

There were no public questions received.

6.

Minutes of Previous Meeting pdf icon PDF 35 KB

The Minutes of the Cabinet Sub Committee held on 14th April 2011 are attached for approval.

Minutes:

RESOLVED - That the minutes of the meeting held on 14th April 2011 be approved as a correct record.

7.

Land to the North of the Lancaster Club, Broadway, Failsworth pdf icon PDF 68 KB

The purpose of the report is to seek;
- Confirmation as to whether the Trust wish to ask the Charity Commission to continue to make an Order in respect to the land immediately to the North of the Lancaster Club and;
- Authority for Oldham Council to procure and enter onto the Trust land in order to carry out site investigations.

Additional documents:

Minutes:

The Cabinet Sub-Committee gave consideration to a report of the Executive Director, Economy, Places and Skills, which sought confirmation from the Trust of the next steps in relation to the land to the North of the Lancaster Club and authority for Oldham Council to procure and enter onto the Trust land in order to carry out site investigations.

The Trust Committee were provided with the background detail in relation to land at the north of the Lancaster Club. The Charity Commission had registered the land immediately to the North of the Lancaster Club (shown red in the plan attached to the report) within a specific charitable Trust on the 24th June 2010, the purpose of the Trust was to provide a recreational ground.

At the meting of the Trust Committee on the 25th August 2010, in view of third party interest in the land, the suitability of the asset was considered and the meeting resolved that in order to fulfil the intentions of the trust, it was in the best interest of the charity to dispose of the asset in lieu of two replacement recreational grounds held by the Council its statutory capacity.

Following the resolution the Trust submitted an application for an Order. On the 1st February, the Charity Commission responded to the application advising that based on the information submitted they were not prepared to make an order in the interest if the Charity, however the Commission did give the Trust the opportunity to make further representations. Following representations by Council the Charity Commission made a decision to undertake an internal review process.

Members were advised that on the 4th August 2011, Council officers received correspondence from the Charity Commission which stated, that following representations made at an internal review, the Commission would allow an order to be made subject to claw-back provisions.

A copy of the decision notice was attached to the report at appendix 2 and considered by the Trust.

Members were presented with the following options to be considered:

-         Continue to pursue a land swap with the Council (in its statutory capacity) and ask the Charity Commission to make the Order.

-         Delay the decision on whether to proceed with the Order until the result of the site investigations have been made available and the ground conditions of the Trust land are fully known.

-         No longer proceed with the land swap and seek Trust funds to improve the retained asset.

-         No longer proceed with the land swap and do nothing, allowing the land to remain in its naturalised state, fully acknowledging the results of the recent consultation.

-         If the Trust adopts the ‘do nothing’ approach, it would not be necessary to carry out any site investigation work.

The Trust Committee, noting the report, sought clarification from Officers in relation to the site investigations as the work could be deemed to be an unnecessary cost to the Council.

The Executive Director, Economy, Places and Skills addressed the  ...  view the full minutes text for item 7.