Agenda item

A report of the that provides assurances related to a number of matters raised at previous meetings of the Charitable Trust Committee, regarding Clatyon Playing Fields.

The Committee considered a report of the Project Director (Sportstown and Northern Roots) which provided assurance relating to a number of matters that had been raised at previous meetings of the Charitable Trust Committee.

The report advised that Clayton Playing Fields were held by the Council pursuant to a Deed of Gift dated 6^th April 1962. The charitable purpose of the trust was “to preserve and manage the property at all times hereafter as playing fields for the benefit and enjoyment of the inhabitants of Oldham, Chadderton and Royton.” The Council continued to manage the land strictly in accordance with these objects.

The charitable trust status of the land was legally distinct from its registration as a Town and Village Green. Both designations were fully considered in the Council’s decision-making.

The Council confirmed that the land was not being sold, disposed of, or repurposed. It continued to be preserved, maintained, and used as playing fields for public benefit.

The report advised that the Council has not granted any planning permission for development or change of use on Clayton Playing Fields. In law, when determining planning applications, the Council acts as the Local Planning Authority. Planning decisions must be taken on planning grounds only and cannot consider land ownership issues or the existence of restrictive covenants, as these are not material planning considerations. Accordingly, the planning authority’s role is legally separate from the Council’s role as a charitable trustee.

In response to a query from a local resident, title number GM171562 had been closed by HM Land Registry and did not relate to any current disposal or development of Clayton Playing Fields.

The report also noted that restrictive covenants were private law matters. They were not enforced by the Council or by HM Land Registry, but by parties who could demonstrate the benefit of the covenant and its enforceability. The Council’s legal advice was that none of the covenants referred to in historic conveyances appeared to have been breached. In addition, the extent of land benefiting from any such covenants was unclear and was not readily ascertainable.

The Charitable Trust had, for many years, permitted the hiring out of pitches as part of the proper management of the playing fields. This practice pre-dated the current arrangements and applied to a range of users.

There was a current agreement with Oldham Athletic Football Club and related to the weekday daytime use of two pitches only. Outside those hours, including evenings and weekends, the pitches remained available for use by others. In total, the site comprised five 11-a-side pitches and one 9-a-side pitch, ensuring continued availability for community use. In this regard, the Council had carefully considered Town and Village Green law. The legal requirement was that any arrangements must not unduly interfere with or significantly reduce the public’s use and enjoyment of the land for lawful recreation. The Council was therefore satisfied that the current arrangements did not do so.

The pitches remained available to the public, and the arrangements did not grant exclusive possession or prevent customary recreational use of the land as a whole.

Further to Minute 4, above, the Chair permitted Mr Neil McGibbon to address the Committee in relation to this matter.

Resolved:

That the Charitable Trust Committee is satisfied that:

1.    Clayton Playing Fields are being managed in accordance with the Deed of Gift and charitable purposes.

2.    There has been no breach of Town and Village Green protections.

3.    No restrictive covenants have been breached.

4.    The Council and the Charitable Trustee Committee have acted lawfully and appropriately.