Agenda item

8.1

This report outlines a proposal to grant a licence to Sheffield City Council for its Parks and Countryside Service to continue using part of the Norton Nurseries area of Graves Park as an operational base for the management and maintenance of green spaces outside of Graves Park. This use is in addition to, and ancillary to, the use of the same piece of land for the management and maintenance of Graves Park which is permitted by the charity’s scheme. This report seeks approval from Sheffield City Council, acting as sole trustee of Graves Park Charity, to agree to a 12-month licence of the area to allow the Council’s ancillary use.

8.2

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

1.     notes the contents of this report and annexures;

2.     approves the terms of licence proposal to regularise the ancillary arrangements in Graves Park; and

3.     confirms that the necessary processes in relation to transactions with connected persons have been complied with and that subject to the Charity Commission consent confirming the Licence can be entered into with the Council.

8.3

Reasons for Decision

8.3.1

It has been confirmed by the Charity Commission that the trustee is acting in breach of trust and therefore if the arrangement is to continue it must be regulated, in order to remedy the breach. This is a matter that must therefore be rectified, and the arrangements regularised in a way that benefits the Graves Park Charity.

8.4

Alternatives Considered and Rejected

8.4.1

Alternative Option 1:

Do Nothing

This option was rejected as to do so would mean that the trustee was acting in breach of trust.

8.4.2

Alternative Option 2:

Propose a licence for longer than 12 months

This was rejected as the work that is ongoing to establish what the options are for the operational base to support the management and maintenance of green spaces including Graves Park should be concluded within 12 months.

8.4.3

Alternative Option 3:

Remove the operational base from Norton Nurseries immediately

This was rejected as it is not logistically possible for the charity. An operational base to support the management and maintenance of green spaces including Graves Park is a key requirement for delivery and there are no suitable alternatives available to allow an immediate decanting from Norton Nurseries.

38.1

The Head of Parks and Countryside presented a report that outlined a proposal to grant a licence to Sheffield City Council for its Parks and Countryside Service to continue using part of the Norton Nurseries area of Graves Park as an operational base for the management and maintenance of green spaces outside of Graves Park. The use would be in addition to, and ancillary to, the use of the same piece of land for the management and maintenance of Graves Park which is permitted by the charity’s scheme. The report sought approval from Sheffield City Council, acting as sole trustee of Graves Park Charity, to agree to a 12-month licence of the area to allow the Council’s ancillary use.

38.2

The Sub-Committee discussed the points raised by the Friends of Graves Park in their public question. In response to Members’ questions, officers provided further details on the impact that the relocation of the operational base would have on the maintenance of Graves Park. Officers explained that guidance from the Charity Commission stated that if the licence was not agreed, the operational base would need to move immediately. This would bring additional costs to the Council and the Graves Park Charity would be negatively impacted by the base no longer being located in the park and a reduction in funding. Officers explained that the licence was an interim measure and any request to extend the licence required approval by the Sub-Committee.

38.3

Members asked for clarity over what the Council funds in parks compared with what the charities’ fund; officers proposed to hold a briefing with Members to look more broadly at how the parks are funded and to understand how each site works.

38.4

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

1.     notes the contents of this report and annexures;

2.     approves the terms of licence proposal to regularise the ancillary arrangements in Graves Park; and

3.     confirms that the necessary processes in relation to transactions with connected persons have been complied with and that subject to the Charity Commission consent confirming the Licence can be entered into with the Council.

38.5

Reasons for Decision

38.5.1

It has been confirmed by the Charity Commission that the trustee is acting in breach of trust and therefore if the arrangement is to continue it must be regulated, in order to remedy the breach. This is a matter that must therefore be rectified, and the arrangements regularised in a way that benefits the Graves Park Charity.

38.6

Alternatives Considered and Rejected

38.6.1

Alternative Option 1:

Do Nothing

This option was rejected as to do so would mean that the trustee was acting in breach of trust.

38.6.2

Alternative Option 2:

Propose a licence for longer than 12 months

This was rejected as the work that is ongoing to establish what the options are for the operational base to support the management and maintenance of green spaces including Graves Park should be concluded within 12 months.

38.6.3

Alternative Option 3:

Remove the operational base from Norton Nurseries immediately

This was rejected as it is not logistically possible for the charity. An operational base to support the management and maintenance of green spaces including Graves Park is a key requirement for delivery and there are no suitable alternatives available to allow an immediate decanting from Norton Nurseries.