Agenda item

The Committee gave consideration to a report which provide an overview in respect of an area of land known as Shaw Road End Park which had been acquired by the Council subject to Trusts requiring it to be used for the purposes of exercise and recreation (‘Charity Land’).

The background to the site and the future proposals for the site were outlined in the report.

Members were informed that most of the land had been set out as a park since 1934 but that the trust had not been registered with the Charity Commission.  Members sought and received clarification on the land outlined in green which was confirmed as being part of the charitable trust which would be formalised.  Members were also informed that the Council would need permission from the Charity Commission for the land swap.

Options Considered

1.         The Committee could choose to do nothing and not proceed with the Land Swap.  In proceeding with this approach, the Charitable Trust would continue to own the area outlined in pink as outlined in the report and the Council (in its statutory capacity) would continue to own the area outlined in Green.  As indicated at Section 1 of the report, the current use of the area outlined in pink as an area of informal car parking, would be considered to be a breach of the charitable trust (to use the land for the purposes of exercise and recreation) and therefore, in doing nothing, the current arrangements would continue to breach the charitable trust objectives.

2.         The Committee could choose to obtain independent advice from a surveyor acting on behalf of the Charitable Trust.  The advice would have to be compliant with the Charities (Qualified Surveyors’ Reports) Regulations 1992 and would determine whether it would be more advantageous to market the land outlined in pink in the report.  The cost of the advice would be borne by the Council.

RESOLVED that:

1.         The background in respect of the acquisition of the land shown edged red and edged blue at outlined at Appendix 1 of the report that formed the Charity Land be noted.

2.         Council officers be authorised to take steps for the arrangements for the charitable trusts affecting Charity Land be registered with the Charity Commission.

3.         The request from the Council to enter into an agreement for the Land Swap with the Charitable Trust involving the land shown coloured in pink on the Plan which was part of the Charity Land be noted.

4.         Stannybrook Property Consultants be appointed as the independent chartered surveyor in order to prepare valuations of the Charity Land, together with the area of land owned by the Council in its statutory capacity being shown edged green on the Plan (“Green Land”).  The valuation reports were to be prepared in accordance with the Charities (Qualified Surveyors’ Reports) Regulations 1992.

5.         The proposal to proceed with the Land Swap involving the exchanging the “Pink Land” and the “Green Land” be advertised in accordance with the consultation strategy detailed in Section 4.2 of the report.

6.         A further report be prepared for the Charitable Trust Committee when the independent surveyor’s report had been received and the pubic consultation completed.