Agenda item

9.1

The Executive Director, Place, submitted a report recommending that, if no viable business plan is forthcoming, Cabinet, on behalf of the City Council acting in its capacity as trustee of the Oxley Park Charity close Stocksbridge Leisure Centre because the Charity has insufficient funds itself to operate the facility.

9.2

RESOLVED: That Cabinet, on behalf of the City Council acting in its capacity as Trustee of the Oxley Park Charity:-

(a)

closes Stocksbridge Leisure Centre from 30 April 2013, unless a viable business plan for the continued running of the Leisure Centre, is forthcoming from the Stocksbridge Town Council or another organisation, prior to that date, that has been approved by the City Council;

(b)

formally requests that the City Council, in the event that no approved business plan is produced and no funding is made available to the Charity for the security of the buildings following the closure of the Leisure Centre, to fund and arrange for the demolition of the buildings and the restoration of the site as park land;

(c)

resolves that, if a viable business plan is put forward and approved by the City Council to appoint Stocksbridge Town Council or another organisation (subject to them being properly constituted and suitable to act in that capacity) as a trustee of the Chairity and for the City Council to resign as a trustee of the Charity;

(d)

requests that, if the Leisure Centre buildings are demolished and the site restored to park land, a report from a qualified surveyor (who may be employed by the City Council) on the future use/disposal of the land in such a way as to maximise the charitable objectives of the Trust and taking into account the views of the community; and

(e)

in the event that the disposal of all or part of the land is proposed by such a report, instructs Legal Services to enter into negotiations with the Charity Commission to obtain a “Scheme” to authorise the disposal and requests that a qualified Surveyor (who may be employed by the City Council) advises upon the best method of disposal and prepares a valuation report for the land that complies.

9.3

Reasons for Decision

9.3.1

Oxley Park Charity cannot afford the operation or upkeep of the building without financial support. The recommendation is therefore to close the centre and in order to minimise the health and safety risk from the vacant building and for it to be demolished unless a viable alternative can be proposed.

9.4

Alternatives Considered and Rejected

9.4.1

Stocksbridge Town Council and other organisations had been given the opportunity to produce a viable business plan for the continued running of the Leisure Centre, which the City Council had resolved to give due consideration to.

9.5

Any Interest Declared or Dispensation Granted

None

9.6

Reason for Exemption if Public/Press Excluded During Consideration

None

9.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

1.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

9.1

The Executive Director, Place, submitted a report recommending that, if no viable business plan is forthcoming, Cabinet, on behalf of the City Council acting in its capacity as trustee of the Oxley Park Charity close Stocksbridge Leisure Centre because the Charity has insufficient funds itself to operate the facility.

9.2

RESOLVED: That Cabinet, on behalf of the City Council acting in its capacity as Trustee of the Oxley Park Charity:-

(a)

closes Stocksbridge Leisure Centre from 30 April 2013, unless a viable business plan for the continued running of the Leisure Centre, is forthcoming from the Stocksbridge Town Council or another organisation, prior to that date, that has been approved by the City Council;

(b)

formally requests that the City Council, in the event that no approved business plan is produced and no funding is made available to the Charity for the security of the buildings following the closure of the Leisure Centre, to fund and arrange for the demolition of the buildings and the restoration of the site as park land;

(c)

resolves that, if a viable business plan is put forward and approved by the City Council to appoint Stocksbridge Town Council or another organisation (subject to them being properly constituted and suitable to act in that capacity) as a trustee of the Chairity and for the City Council to resign as a trustee of the Charity;

(d)

requests that, if the Leisure Centre buildings are demolished and the site restored to park land, a report from a qualified surveyor (who may be employed by the City Council) on the future use/disposal of the land in such a way as to maximise the charitable objectives of the Trust and taking into account the views of the community; and

(e)

in the event that the disposal of all or part of the land is proposed by such a report, instructs Legal Services to enter into negotiations with the Charity Commission to obtain a “Scheme” to authorise the disposal and requests that a qualified Surveyor (who may be employed by the City Council) advises upon the best method of disposal and prepares a valuation report for the land that complies.

9.3

Reasons for Decision

9.3.1

Oxley Park Charity cannot afford the operation or upkeep of the building without financial support. The recommendation is therefore to close the centre and in order to minimise the health and safety risk from the vacant building and for it to be demolished unless a viable alternative can be proposed.

9.4

Alternatives Considered and Rejected

9.4.1

Stocksbridge Town Council and other organisations had been given the opportunity to produce a viable business plan for the continued running of the Leisure Centre, which the City Council had resolved to give due consideration to.

9.5

Any Interest Declared or Dispensation Granted

None

9.6

Reason for Exemption if Public/Press Excluded During Consideration

None

9.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

1.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing