Agenda and draft minutes

Charitable Trust Committee - Monday, 12th July, 2021 1.00 pm

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

Contact: Constitutional Services

Items
No.	Item
1.	Apologies For Absence View the background to item 1. Minutes: Apologies for absence were received from Councillor C Phythian.
2.	Urgent Business View the background to item 2. Urgent business, if any, introduced by the Chair Minutes: There were no items of urgent business received.
3.	Declarations of Interest View the background to item 3. To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting. Minutes: There were no declarations of interest received.
4.	Public Question Time View the background to item 4. To receive Questions from the Public, in accordance with the Council’s Constitution. Minutes: No public questions had been received.
5.	Minutes of Previous Meeting - 10th March 2021 PDF 299 KB View the background to item 5. The Minutes of the meeting of the Charitable Trust Committee held on 10^th March 2021 are attached for approval. Minutes: RESOLVED - That the minutes of the meeting held on 10^th March 2021 be approved as a correct record.
6.	Werneth Lifelong Learning Centre, Werneth Park, Frederick Street, Oldham PDF 331 KB View the background to item 6. Additional documents: App 1 , item 6. PDF 287 KB App 2 , item 6. PDF 288 KB Surveyors Report , item 6. PDF 449 KB Minutes: The Committee considered a report requesting permission from the Charitable Trust Committee, to obtain the necessary agreement, including a disposal of land, to install a fibre-optic cable and associated infrastructure into Werneth Lifelong Learning Centre, located in Werneth Park. The Committee was reminded that at the meeting of the Charitable Trust Committee held on 10^th March 2021 that it had been resolved that 1. Officers be instructed to commission a surveyor’s report on behalf of the Trustees for the proposed disposal; and should the surveyor’s report advise that the proposed disposal should be advertised: 2. The advertisement of the proposed disposal for such period and in such manner as is advised in the surveyor’s report be approved. The Committee was advised that following meeting of the Charitable Trust Committee on 10^th March, 2021, Fletcher CRE had been instructed to carry out a survey on behalf of the Committee. The survey had been carried out by John Fletcher, a suitably qualified surveyor, experienced in providing surveys for charitable land disposals. The survey had taken place on 7^th May 2021, following which the surveyor had provided a report for the Committee’s consideration which was attached to the reported at Appendix 3. Key points from the surveyor’s report were outlined to the Committee as follows: That in this case there was no requirement to advertise as the proposals: a) Had no effect on the open market value; and b) Required no structural alterations; and c) Involved no change of use. That the terms of the wayleave are the best that the charity could reasonably obtain. It was confirmed that the proposed disposal and entering the wayleaves with Virgin Media did not prejudice the market value of the property and that the installation of the fibre cable would not be to the detriment of the building. The regulations required that both pre-disposal and post-disposal valuations were provided. The charity could then consider whether it was in their best interests to agree to the disposal. The surveyor had advised that no value needed to be provided, as the building was not being sold. The surveyor had submitted that there should be no premium paid for entering into the wayleave agreement and the building would benefit from the fibre installation. The surveyor had confirmed that it would be in the best interests of the charity to proceed with the proposed disposition and that as there had been no requirement to advertise the proposals, it had not been advertised and there were therefore no comments received for the Committee to consider. The Committee was advised that to comply with the Charity Commission guidance, and to agree to the proposed wayleave/disposition, the Committee was requested to consider the surveyor’s report and make two decisions: Consider whether it would be in the best interests of the Charity to agree to the disposal. The surveyor had advised that it would be in the best interest of the Charity; and Consider whether the terms of the disposal were ... view the full minutes text for item 6.