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Agenda item

Ripon Street Recreation Ground - Transfer of Charitable Status to Darnall Community Park

Report of the Executive Director, Place.

Decision:

11.1

The Executive Director, Place submitted a report seeking Cabinet approval for the transfer of charitable status (Charity No.1105522) of land in the ownership of the Council from land at Ripon Street Recreation Ground to land at Darnall Community Park .

 

 

11.2

RESOLVED: That Cabinet:- 

 

 

 

(a)

as Trustees of the Ripon Street Recreation Ground (Charity no.1105522) and in accordance with the powers contained in the provisions of the Trust of Land and Appointment of Trustees Act 1996, gives approval for the transfer of charitable status from Ripon Street Recreation Ground, Attercliffe to Darnall Community Park, in accordance with the terms of this report and a surveyors report prepared in accordance with section 119(1) of the Charities Act 2011;

 

 

 

 

(b)

delegates authority to the Chief Property officer to instruct the Director of Legal and Governance to prepare and complete all necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to implement this transfer;

 

 

 

 

(c)

delegates authority to the Director of Legal and Governance to take such steps and enter into such documents as are required in order to effect the transfer  of land; and

 

 

 

 

(d)

delegates authority to the Chief Property Officer or the Director of Legal and Governance to give public notice of the proposal in accordance with section 121 of the Charities Act 2011.

 

 

 

11.3

Reasons for Decision

 

 

11.3.1

It is the opinion of officers that the transfer of the charitable status from Ripon St is of greater benefit for the objects of the Trust than simply selling the land and reusing the proceeds.

 

 

11.3.2

It ensures the future protection of Darnall Community Park to help create and sustain thriving neighbourhoods and communities, improving the health and wellbeing of children and adults.     

 

 

11.3.3

It will help the delivery of the canalside regeneration proposals for the wider Attercliffe Waterside development.  This supports the Local Plan, Core Strategy and Corporate Plan policies to deliver new housing and support employment around the canal in Attercliffe and Darnall. This development will also assist with the charitable object to improve the conditions of life for the inhabitants of the area of benefit.

 

 

11.4

Alternatives Considered and Rejected

 

 

11.4.1

Cabinet, acting as Trustees, could decide that it is not considered to be in the best interests of the Charity to transfer the charitable status from Ripon Street to Darnall Community Park and that Ripon Street should simply be sold as proposed in the Cabinet report in 2006. Whilst proceeds from the sale of Ripon Street in future would be available for use within the area of benefit, the physical asset would be lost rather than replaced. In that situation, Darnall Community Park would remain as park due to planning policies but would not have the stronger protection that transferring the charitable status would provide.

 

 

11.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

11.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

None

 

 

11.7

Respective Director Responsible for Implementation

 

 

 

Laraine Manley, Executive Director, Place

 

 

11.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Economic and Environmental Wellbeing

 

 

 

Minutes:

11.1

The Executive Director, Place submitted a report seeking Cabinet approval for the transfer of charitable status (Charity No.1105522) of land in the ownership of the Council from land at Ripon Street Recreation Ground to land at Darnall Community Park .

 

 

11.2

RESOLVED: That Cabinet:- 

 

 

 

(a)

as Trustees of the Ripon Street Recreation Ground (Charity no.1105522) and in accordance with the powers contained in the provisions of the Trust of Land and Appointment of Trustees Act 1996, gives approval for the transfer of charitable status from Ripon Street Recreation Ground, Attercliffe to Darnall Community Park, in accordance with the terms of this report and a surveyors report prepared in accordance with section 119(1) of the Charities Act 2011;

 

 

 

 

(b)

delegates authority to the Chief Property Officer to instruct the Director of Legal and Governance to prepare and complete all necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to implement this transfer;

 

 

 

 

(c)

delegates authority to the Director of Legal and Governance to take such steps and enter into such documents as are required in order to effect the transfer  of land; and

 

 

 

 

(d)

delegates authority to the Chief Property Officer or the Director of Legal and Governance to give public notice of the proposal in accordance with Section 121 of the Charities Act 2011.

 

 

 

11.3

Reasons for Decision

 

 

11.3.1

It is the opinion of officers that the transfer of the charitable status from Ripon St is of greater benefit for the objects of the Trust than simply selling the land and reusing the proceeds.

 

 

11.3.2

It ensures the future protection of Darnall Community Park to help create and sustain thriving neighbourhoods and communities, improving the health and wellbeing of children and adults.     

 

 

11.3.3

It will help the delivery of the canalside regeneration proposals for the wider Attercliffe Waterside development.  This supports the Local Plan, Core Strategy and Corporate Plan policies to deliver new housing and support employment around the canal in Attercliffe and Darnall. This development will also assist with the charitable object to improve the conditions of life for the inhabitants of the area of benefit.

 

 

11.4

Alternatives Considered and Rejected

 

 

11.4.1

Cabinet, acting as Trustees, could decide that it is not considered to be in the best interests of the Charity to transfer the charitable status from Ripon Street to Darnall Community Park and that Ripon Street should simply be sold as proposed in the Cabinet report in 2006. Whilst proceeds from the sale of Ripon Street in future would be available for use within the area of benefit, the physical asset would be lost rather than replaced. In that situation, Darnall Community Park would remain as park due to planning policies but would not have the stronger protection that transferring the charitable status would provide.

 

 

 

Supporting documents: