Agenda item

14.1

The Executive Director, Place submitted a report seeking Cabinet approval to declare the redundant public conveniences within Hillsborough Park, facing on to Parkside Road, surplus to requirements. Hillsborough Park was held on charitable trust and therefore consent from Cabinet Members acting as Charity Trustees was required. This disposal, by way of a long lease for a term of 400 years via a private treaty sale and this disposal will generate a capital receipt. This will be reinvested by the Council, as Trustee of the Charity, back into the upkeep of Hillsborough Park subject to a Charity Commission approved scheme.

14.2

RESOLVED: That Cabinet acting as Charity Trustees and 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)

declares the former public convenience building on Parkside Road surplus to the Hillsborough Park Charity’s requirements;

(b)

as Trustee of the Hillsborough Park Charitable Trust approves the disposal by long lease of the former public convenience building on Parkside Road. In accordance with the terms of the report and a Surveyor’s Report in compliance with Section 119(1) Charities Act 2011;

(c)

authorises the Director of Capital & Major Projects to negotiate the terms of the lease and instructs the Director of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to conclude this disposal;

(d)

authorises the Director of Legal and Governance to contact the Charity Commission and take such steps and enter into such documents as required by the Charity Commission in order to give its consent to the disposal.

14.3

Reasons for Decision

14.3.1

The disposal of the surplus property will convert this current liability into an asset and will benefit the Charity and the local community by:-

-       removing a long term maintenance liability/eyesore;

-       providing a new local business opportunity;

-       generating a capital receipt for reinvestment back into the Park; and

-       obtaining the Best Price overall.

14.4

Alternatives Considered and Rejected

14.4.1

The property is surplus to the Council’s and Charity’s requirements. Demolition would incur further costs to the Charity. The property had previously been advertised on the open market to attract expressions of interest and seek suitable alternative uses.

14.5

Any Interest Declared or Dispensation Granted

None

14.6

Reason for Exemption if Public/Press Excluded During Consideration

None

14.7

Respective Director Responsible for Implementation

Simon Green, Executive Director, Place

14.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Economic and Environmental Wellbeing

14.1

The Executive Director, Place submitted a report seeking Cabinet approval to declare the redundant public conveniences within Hillsborough Park, facing on to Parkside Road, surplus to requirements. Hillsborough Park was held on charitable trust and therefore consent from Cabinet Members acting as Charity Trustees was required. This disposal, by way of a long lease for a term of 400 years via a private treaty sale and this disposal will generate a capital receipt. This will be reinvested by the Council, as Trustee of the Charity, back into the upkeep of Hillsborough Park subject to a Charity Commission approved scheme.

14.2

RESOLVED: That Cabinet acting as Charity Trustees and 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)

declares the former public convenience building on Parkside Road surplus to the Hillsborough Park Charity’s requirements;

(b)

as Trustee of the Hillsborough Park Charitable Trust approves the disposal by long lease of the former public convenience building on Parkside Road. In accordance with the terms of the report and a Surveyor’s Report in compliance with Section 119(1) Charities Act 2011;

(c)

authorises the Director of Capital & Major Projects to negotiate the terms of the lease and instructs the Director of Legal and Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to conclude this disposal;

(d)

authorises the Director of Legal and Governance to contact the Charity Commission and take such steps and enter into such documents as required by the Charity Commission in order to give its consent to the disposal.

14.3

Reasons for Decision

14.3.1

The disposal of the surplus property will convert this current liability into an asset and will benefit the Charity and the local community by:-

-       removing a long term maintenance liability/eyesore;

-       providing a new local business opportunity;

-       generating a capital receipt for reinvestment back into the Park; and

-       obtaining the Best Price overall.

14.4

Alternatives Considered and Rejected

14.4.1

The property is surplus to the Council’s and Charity’s requirements. Demolition would incur further costs to the Charity. The property had previously been advertised on the open market to attract expressions of interest and seek suitable alternative uses.