Agenda and minutes

The Trust is asked to elect a Chair for the Municipal year 2012/13.

RESOLVED: That Councillor Stretton be elected Chair of the Failsworth Trust Committee for the Municipal year 2012/13.

There were no apologies for absence received.

Urgent business, if any, introduced by the Chair

There were no items of urgent business received.

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

There were no declarations of interest received.

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

There were no public questions received.

The Minutes of the Cabinet Sub Committee – Failsworth Trust held on 30^th August 2011 are attached for approval.

RESOLVED: That the minutes of the meeting held on the 30^th August 2011 be approved as a correct record.

The Trust gave consideration to a report of the Executive Director Neighbourhoods which informed Members of the Trust Committee of the circumstances surrounding two areas of land in Failsworth that were initially acquired using funds generated through public subscription.

Members were advised that the Failsworth War Memorial Committee generated funds to erect a Cenotaph on land that had become surplus following highway improvements.

It was reported that following its objective of constructing a cenotaph surplus funds were available for use by the Committee and it resolved to acquire an additional area of land that would be gifted to the Council for purposes of public recreation. The land as edged red on the plan was presented to the Committee as appendix 1 an area of land at Roman Road.

At the request of the Committee Officers undertook investigations whether an implied trust had been created and as such in relation to both areas of land it would be appropriate for the land to be formally registered with the Charity Commission.

The information provided to the Committee provided details of the Cenotaph site (edged red at appendix 2) and as the land was owned by the Council in its statuary capacity, gifted the land for the purposes of being a memorial site in perpetuity is unclear.

It was reported that in respect of the Cenotaph site, whilst the Cenotaph was funded by public subscription, the land was owned by the Council in its statutory capacity and whether the Council in its statutory capacity gifted the and for the purposes of being held as a memorial site in perpetuity was unclear.

It was further reported that in respect of Higher Memorial Park, the minutes of the Committee held on the 17^th November 1919 stated that whilst the gift was free of conditions, the land was to be used for a specific purpose. Consequently legal advice had suggested that the land may be subject to an implied trust.

Options/Alternatives considered

Option 1 - Do Nothing. This approach would leave the status of both the Cenotaph and Higher Memorial Park open and unclear.

Option 2 Choose to register the Cenotaph, Higher memorial Park or both assets within a charitable Trust.

RESOLVED: That:

1. The circumstances surrounding the acquisition and management of both Higher Memorial Park and the Cenotaph site at Oldham Road be noted.
2. Officers of the Council be authorised to contact the Charity Commission to undertake the necessary steps to register both areas of land as shown edged red in appendix 1 and appendix 2 only within a specific charitable trust.
3. In the event that the land is registered by the Charity Commission, that both parcels of land be managed by the Failsworth Trust Committee along with the existing charitable assets at Lower Memorial Park and the land to the North of the Lancaster Club.

The Cabinet Sub-Committee gave consideration to a report of the Executive Director, Neighbourhoods which sought approval for the Council in its statutory capacity, to alter the levels of the boundary of the Trust land to effectively create a sound attenuation bund/screen.

Members were advised that the Council in its statutory capacity had been successful in obtaining outline planning permission (PA/332371/12) for land to the south east to the land to the North of the Lancaster Club (registered 1136597).

It was reported that the development proposals included a new Goal Soccer Centre and although the design would incorporate land owned by the Council in its statutory capacity only in order to reduce sound emanating from the facility and maintain the private of users of the planned soccer centre, the Goal Soccer Centre if the proposition was agreed, would create a bund, a mound of earth with a fence which would reduce sound travel.

It was further reported that whilst the fending would be situated in the middle of the bund it was likely to be erected on the boundary line and it was likely that the bunding itself would flank the land held by the Council in both Trust and Statutory capacity.

Options/Alternatives Considered

1. Reject the request.  This would mean that the orientation of the Soccer Centre would need to be altered slightly, taking the facility away from the boundary between the two land titles.  This option was not preferred, as it would mean that sunlight - at peak times - would affect teams (particularly goalkeepers) using the facility.
2. Accept the request from the Council (in its statutory capacity) / developer to create a bund which would encroach onto the Trust land.  The encroachment was thought to be no more than 2-metres maximum and would allow safe construction of the sound attenuation facility.  There would be obvious benefits to the users of the Trust as sound travel from the Soccer Centre would be reduced, as would the risk of balls entering onto the Trust land.  Particularly as many of the users of the Trust land are dog walkers, this would be welcomed.

RESOLVED: That the Trust provide authority for the levels along the boundary of the Trust land to be altered to create a sound attenuation bund/screen.

The meeting started at 6.00pm and ended at 6.23