Agenda item

13.1

The Executive Director, Place, submitted a report to seek approval of Cabinet, acting as the Trustees of the Oxley Park Trust, to accept the surrender of the existing lease of Stocksbridge Leisure Centre and the grant of a new 30 year lease on the same terms and conditions (save for the Turnover Rent provisions) to 4SLC (For Stocksbridge Leisure Centre, Registered Charity No. 1153527).

13.2

RESOLVED: That Cabinet,  acting for the Council as the Trustees of the Oxley Park Charity in accordance with the powers given to the Council as Trustee under the provisions contained in the Trusts of Land and Appointment of Trustees Act 1996:-

(a)

accepts the surrender of the existing lease of the Stocksbridge Leisure Centre to 4SLC dated 13 July 2015 and the re-grant of new lease to 4SLC for a term of 30 years commencing on the day immediately following the date of surrender of the existing lease and on the same material terms and conditions as the existing lease (save for the provisions relating to the Turnover Rent) and in accordance with the terms of this Report and the Surveyor’s Report attached in accordance with Section 119(1) of the Charities Act 2011;

(b)

delegates authority to the Chief Property Officer, in consultation with the Director of Legal and Governance, to draft and complete all the necessary legal documents in accordance with the agreed terms and those required by the Charity Commission to effect the surrender and re-grant of the lease; and

(c)

delegates authority to the Chief Property Officer to give notice in accordance with Section 121 of the Charities Act 2011 in order to notify people in the beneficial area of the proposed transaction with 4SLC.

13.3

Reasons for Decision

13.3.1

The proposal to accept a surrender and grant a new lease:

• enables grant funding bids to continue to be made by 4SLC to repair, maintain and improve the Pavilion
• ensures that a valuable asset is retained for use by the local community
• supports the charitable objects of the Oxley Park Trust and 4SLC.

13.4

Alternatives Considered and Rejected

13.4.1

Not to grant the new lease:

This has been discarded by officers’ as unless 4SLC, as the only provider interested in the site, continue to use and manage the Centre it will need to be demolished. This would result in the loss of a valuable asset used by the local community and involve a cost to the Trustees of Oxley Park, or ultimately, the City Council.

13.5

Any Interest Declared or Dispensation Granted

None

13.6

Reason for Exemption if Public/Press Excluded During Consideration

None

13.7

Respective Director Responsible for Implementation

Laraine Manley, Executive Director, Place

13.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

13.1

The Executive Director, Place, submitted a report to seek approval of Cabinet, acting as the Trustees of the Oxley Park Trust, to accept the surrender of the existing lease of Stocksbridge Leisure Centre and the grant of a new 30 year lease on the same terms and conditions (save for the Turnover Rent provisions) to 4SLC (For Stocksbridge Leisure Centre, Registered Charity No. 1153527).

13.2

RESOLVED: That Cabinet,  acting for the Council as the Trustees of the Oxley Park Charity in accordance with the powers given to the Council as Trustee under the provisions contained in the Trusts of Land and Appointment of Trustees Act 1996:-

(a)

accepts the surrender of the existing lease of the Stocksbridge Leisure Centre to 4SLC dated 13 July 2015 and the re-grant of new lease to 4SLC for a term of 30 years commencing on the day immediately following the date of surrender of the existing lease and on the same material terms and conditions as the existing lease (save for the provisions relating to the Turnover Rent) and in accordance with the terms of this Report and the Surveyor’s Report attached in accordance with Section 119(1) of the Charities Act 2011;

(b)

delegates authority to the Chief Property Officer, in consultation with the Director of Legal and Governance, to draft and complete all the necessary legal documents in accordance with the agreed terms and those required by the Charity Commission to effect the surrender and re-grant of the lease; and

(c)

delegates authority to the Chief Property Officer to give notice in accordance with Section 121 of the Charities Act 2011 in order to notify people in the beneficial area of the proposed transaction with 4SLC.

13.3

Reasons for Decision

13.3.1

The proposal to accept a surrender and grant a new lease:

• enables grant funding bids to continue to be made by 4SLC to repair, maintain and improve the Pavilion
• ensures that a valuable asset is retained for use by the local community
• supports the charitable objects of the Oxley Park Trust and 4SLC.

13.4

Alternatives Considered and Rejected

13.4.1

Not to grant the new lease:

This has been discarded by officers, as unless 4SLC, as the only provider interested in the site, continue to use and manage the Centre it will need to be demolished. This would result in the loss of a valuable asset used by the local community and involve a cost to the Trustees of Oxley Park, or ultimately, the City Council.