Agenda item

The Committee gave consideration to a report which sought permission to obtain the necessary agreements, including a disposal of land, to install a fibre-optic cable and associated infrastructure into Werneth Lifelong Learning Centre located in Werneth Park.

Members were informed that Werneth Park, including the Lifelong Learning Centre, was gifted to the Council on the 8^th January 1936, by Dame Marjory Lees. The Council consequently held the park and its associated buildings in Trust and this was registered with the Charity Commission under Registered Number 521273 (described as Werneth Park).

Oldham Council was taking part in a Greater Manchester wide Local Full Fibre Network (LFFN) programme to provide fibre connectivity to public buildings, partly funded by a grant from central government and partly funded by the council. Virgin Media Business Limited was awarded the contract to deliver this infrastructure following a competitive tender process.

Werneth Lifelong Learning Centre was situated on the charity land and the building was currently used by the Community / Adult Learning Section as an Education Centre for adults. The provision of the infrastructure would support the Centre in delivering its services to Oldham residents, helping them to improve their skillset – an objective in the Oldham Plan.

Werneth Lifelong Learning Centre had been put forward for inclusion in the LFFN programme. A preliminary survey of the site had been undertaken to identify a proposed route into the building.

Oldham Council would need to enter into a wayleave agreement with Virgin Media Business Limited (the supplier) and Virgin Media Limited (the operator) to allow the required infrastructure and cable to be laid both within the grounds of Werneth Park and in Werneth Lifelong Learning Centre. The route identified for the proposed connection and Wayleave Agreement was appended to the report.

As the land was held by the Council as a Charitable Trust, the Council was required to seek consent from the trustees (Charitable Trust Committee) to agree a disposal which would enable it to enter into the proposed wayleave agreement. Although the proposed granting of a wayleave was not a disposal in property law, the Charity Commission’s guidance stated that the granting of a wayleave on charitable land should be considered a disposal.

In order to agree to the disposal the trustees were required to:

·         Instruct a qualified surveyor acting exclusively for the charity to write a report on the proposed disposal

·         Advertise the proposed disposal for such period and is such manner as is advised in the surveyor’s report

·         Consider the surveyor’s report and decide that they are satisfied that the terms of the proposed disposal are the best that can reasonably be obtained for the charity.

The Committee was advised that it would only be necessary for the trustees to advertise the proposed disposal if advised to do so by the surveyor in their report.

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.