Agenda item

Decision by Cabinet as Charity Trustees of the Oxley Park Charity - Proposed Lease of Stocksbridge Leisure Centre

Report of the Executive Director, Place (NOTE. The decision is to be made by Cabinet as Trustees of the Oxley Park Charity)

Decision:

12.1

The Executive Director, Place submitted a report in relation to the proposed lease of Stocksbridge Leisure Centre.

 

 

12.2

RESOLVED: That Cabinet acting for the Council as trustee of the Oxley Park Charity 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 Stocksbridge Leisure Centre surplus to the requirements of the Oxley Park charity;

 

 

 

 

(b)

approves the 25 year lease of the Stocksbridge Leisure Centre to 4SLC in accordance with the terms of this Report and a Surveyor’s Report in compliance with Section 119(1) Charities Act 2011;

 

 

 

 

(c)

delegates authority to the Director of Capital & Major Projects to instruct the Director of Legal & Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to conclude the lease;

 

 

 

 

(d)

delegates authority to the Director of Legal & Governance to contact the Charity Commission and take such steps and enter into such documents are required by the Charity Commission in order to give its consent to the lease; and

 

 

 

 

(e)

delegates authority to the Director of Capital & Major Projects or the Director of Legal & Governance to give public notice in accordance with Section 121 Charities Act 2011, in the local press to notify people within the beneficial area of the charity that the Charity Trustees intend to dispose of the leasehold interest in the Stocksbridge Leisure Centre.

 

 

 

12.3

Reasons for Decision

 

 

12.3.1

The disposal of the surplus property will benefit the Charity and the local community by :

 

•           removing a long term maintenance liability

•           providing a new local social enterprise opportunity

•           continuing to provide leisure facilities for local people

 

 

12.4

Alternatives Considered and Rejected

 

 

12.4.1

The property is surplus to the Council’s and Charity’s requirements. 

 

 

12.4.2

The cost of the demolition of the leisure centre would have to be met by the Council at the request of the charitable trustees and would also remove any prospect of this type of leisure facility being provided for the local community for the foreseeable future.

 

 

12.5

Any Interest Declared or Dispensation Granted

 

 

 

None

 

 

12.6

Reason for Exemption if Public/Press Excluded During Consideration

 

 

 

None

 

 

12.7

Respective Director Responsible for Implementation

 

 

 

Simon Green, Executive Director, Place

 

 

12.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

 

 

 

Economic and Environmental Wellbeing

 

Minutes:

12.1

The Executive Director, Place submitted a report in relation to the proposed lease of Stocksbridge Leisure Centre.

 

 

12.2

RESOLVED: That Cabinet acting for the Council as trustee of the Oxley Park Charity 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 Stocksbridge Leisure Centre surplus to the requirements of the Oxley Park charity;

 

 

 

 

(b)

approves the 25 year lease of the Stocksbridge Leisure Centre to 4SLC in accordance with the terms of this Report and a Surveyor’s Report in compliance with Section 119(1) Charities Act 2011;

 

 

 

 

(c)

delegates authority to the Director of Capital & Major Projects to instruct the Director of Legal & Governance to prepare and complete all the necessary legal documentation in accordance with the agreed terms and Charity Commission requirements to conclude the lease;

 

 

 

 

(d)

delegates authority to the Director of Legal & Governance to contact the Charity Commission and take such steps and enter into such documents are required by the Charity Commission in order to give its consent to the lease; and

 

 

 

 

(e)

delegates authority to the Director of Capital & Major Projects or the Director of Legal & Governance to give public notice in accordance with Section 121 Charities Act 2011, in the local press to notify people within the beneficial area of the charity that the Charity Trustees intend to dispose of the leasehold interest in the Stocksbridge Leisure Centre.

 

 

 

12.3

Reasons for Decision

 

 

12.3.1

The disposal of the surplus property will benefit the Charity and the local community by :

 

•           removing a long term maintenance liability

•           providing a new local social enterprise opportunity

•           continuing to provide leisure facilities for local people

 

 

12.4

Alternatives Considered and Rejected

 

 

12.4.1

The property is surplus to the Council’s and Charity’s requirements. 

 

 

12.4.2

The cost of the demolition of the leisure centre would have to be met by the Council at the request of the charitable trustees and would also remove any prospect of this type of leisure facility being provided for the local community for the foreseeable future.

 

 

 

Supporting documents: