Agenda item

11.1

The Charity Trustee Sub Committee is asked to consider the contents of this report, alongside the letter from the Charity Commission dated 27th June 2024 regarding Graves Park. The Charity Trustee Sub-Committee is asked to approve the draft response to the Charity Commission which is set out in the appendix.

11.2

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:-

1.     notes the contents of the report;

2.     approves the draft letter annexed to this report subject to the revisions requested by the Sub-Committee in the meeting;

3.     notes that officers will send a letter (by email) in the form approved by the Charity Trustee Sub-Committee to the Charity Commission, within 3 working days of the decision;

4.     requests that a report be prepared and presented to the Sub-Committee in November 2024 which explores alternative sites for the operational plant and equipment (not restricted to existing Parks); and

5.     requests that a situation report on the other charitable parks, with regard to implementing the charitable interests lawfully, be prepared and presented to the meeting of the Sub-Committee in November 2024.

11.3

Reasons for Decision

11.3.1

Responding to the Charity Commission maintains the ongoing relationship with the Charity Commission which is essential to ensure that whatever plans the Trustee settles on for the various matters in Graves Park and the wider charitable interests are implemented lawfully.

11.3.2

To maintain good governance, it is important for the Graves Park Charity Trustees to approve any significant correspondence with the CC.

11.4

Alternatives Considered and Rejected

11.4.1

Do nothing. This could lead to the outcome set out at paragraph 4.3.1 of the report and also cause reputational damage to the Council.

17.1

The Head of Parks and Countryside presented a report that contained correspondence received from the Charity Commission dated 27 June 2024 regarding Graves Park. The Charity Trustee Sub-Committee was asked to approve the draft response to the Charity Commission which was set out in the appendix to the report.

17.2

The Sub-Committee made amendments to paragraph 10 and 16 of the Trustee’s response, relating to Norton Nurseries, to include a request from the Sub-Committee to explore alternative sites for the operational plant and equipment and to require a report to be prepared for the Sub-Committee meeting in November 2024 on the range of options open to the trust; this would enable the Sub-Committee to give full consideration to the request of the Friends of Graves Park to return the land in Norton Nurseries back to park land and to review the licence.

17.3

The Sub-Committee queried whether there were any concerns regarding implementing the charitable interests lawfully in any of the other charitable parks and asked that a situation report be prepared for consideration at a future meeting of the Sub-Committee.

17.4

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:-

1.     notes the contents of the report;

2.     approves the draft letter annexed to this report subject to the revisions requested by the Sub-Committee in the meeting;

3.     notes that officers will send a letter (by email) in the form approved by the Charity Trustee Sub-Committee to the Charity Commission, within 3 working days of the decision;

4.     requests that a report be prepared and presented to the Sub-Committee in November 2024 which explores alternative sites for the operational plant and equipment (not restricted to existing Parks); and

5.     requests that a situation report on the other charitable parks, with regard to implementing the charitable interests lawfully, be prepared and presented to the meeting of the Sub-Committee in November 2024.

17.5

Reasons for Decision

17.5.1

Responding to the Charity Commission maintains the ongoing relationship with the Charity Commission which is essential to ensure that whatever plans the Trustee settles on for the various matters in Graves Park and the wider charitable interests are implemented lawfully.

17.5.2

To maintain good governance, it is important for the Graves Park Charity Trustees to approve any significant correspondence with the CC.

17.6

Alternatives Considered and Rejected

17.6.1

Do nothing. This could lead to the outcome set out at paragraph 4.3.1 of the report and also cause reputational damage to the Council.