Report of the Director of Environment and Sport to the meeting of the Regulatory and Appeals Committee to be held on 4 November 2015

AC

Subject: Proposed Construction of a Multi Activity Community Area at Asa Briggs Recreation Ground, Clayton.

Summary statement: The City of Bradford Metropolitan District Council is applying to the Trustees of Asa Briggs Recreation Ground (registered Charity 523500) for a licence to use part of the recreation ground to install a Multi Activity Community Area for use by both Stocks Lane Primary School and the General Public

Steve Hartley Interim Strategic Director Environment and Sport

Portfolio: Environment , Sport and Sustainability

Report Contact: Phil Barker Assistant Director Sport and Leisure Phone: (01274) 432616 E-mail: phil.barker@bradford.gov.uk

Overview & Scrutiny Area: Regulatory and Appeals

- 2 -

1. SUMMARY The City of Bradford Metropolitan District Council is applying to the Trustees of Asa Briggs Recreation Ground (registered Charity 523500) for a licence to use part of the recreation ground to install a Multi Activity Community Area (MACA) for use by both Stocks Lane primary school and the general public 2. BACKGROUND Part of the recreation ground known as Asa Briggs Recreation Ground, Clayton is a registered charity (No 238159) The above land was conveyed from Asa Briggs esquire to the then Clayton Urban District Council on the 25th of September 1912. The conveyance states that:- the area of land by use of the Council and their assigns for ever in trust for the perpetual use thereof by the public for purposes of exercise and recreation pursuant to the provisions of the Open Spaces Act 1906. The land is registered at H M Land Registry under title no WYK 89185 with the Council as the registered proprietor. The land held upon charitable trust is shown as white within the red line boundary on the attached plan, Appendix A. A copy of the 25th September 1912 conveyance is attached Appendix B The remainder of the land that makes up Asa Briggs Recreation Ground marked in blue on the attached plan was obtained through a deed of exchange between Abraham Blackburn and the Bradford Corporation dated 11th December 1937. The area of land is not covered by the 1912 conveyance and therefore does not form part of the charitable trust and has no restrictive covenants that affect its use. 3. OTHER CONSIDERATIONS

3.1 Site Works The Education Buildings Team of Bradford Council has written to the Parks and Greenspaces Service, as custodian of recreation grounds, requesting a licence to construct and thereafter to use part of the charity land as a Multi Activity Community Area (MACA). It is proposed that this will be a dual use site for both the Stocks Lane primary school and the general public. The area and layout of the proposed MACA is attached at Appendix C. 3.2 Cost All costs associated with the planning and construction of the MACA will be met by Education as part of the school expansion plan. Maintenance costs for the MACA will be jointly funded by the school and the Parks and Greenspaces Service. There will be no cost to the Charity

- 3 -

3.2 Use of the MACA The completed facility will be a dual use site. The school will have exclusive access from 8.30am until 5.00pm weekdays during the school term and at all other times the MACA will be open to the general public. Access to the MACA will be managed by way of gates so when the school are using the facility there will be no access by the general public, similarly, when the MACA is open to the general public, the access to the school will be closed. 3.3 Management of the facility The school will manage the MACA during school hours and will have full responsibility for its security, routine safety inspections and general cleanliness of the facility. The Parks and Greenspaces Service will manage the facility during public access times and will undertake maintenance of the infrastructure at no cost to the Charity. 3.4 Charity Guidance At its meeting on the 15 October 2014 Committee received a report from the Director of Environment and Sport entitled “Trusts and Charities“. Guidance on the decision making processes for Committee was set out in the report when exercising its role under the Council’s Constitution of discharging the functions of the Council under legislation relating to Charities and the making of decisions in relation to charities of which the council is trustee. A copy of the report is set out in Appendix D 5. RISK MANAGEMENT AND GOVERNANCE ISSUES 5.1 To ensure that the Committee is seen to be acting in the best interests of the Charity rather than the Council, it is suggested that a break is taken at the end of the committee’s normal business before reconvening to discuss any charitable business as a separate meeting. 5.2 When acting as a charity trustee the Committee must ensure that the proposal is consistent with the objects of the Charity and must act solely in the best interest of the charity, in accordance with its charitable purpose. The interests and policies of the Council are not to be taken into account or in this case the interests of the School. 6. LEGAL APPRAISAL 6.1 General - Section 139 of the Local Government Act 1972 6.1.1 Local authorities are empowered to receive and hold gifts on charitable trusts. This

may include money or assets left by donors, or charitable trusts created by ancient royal charters or acts of parliament.

6.1.2 Local authorities will often hold land and buildings for a particular purpose and funds and investments to award grants to the community. In either of these cases it is essential that the assets are held and applied in accordance with the charity’s purpose.

- 4 -

6.3 Specific to the Proposal

The 25th September 1912 conveyance states that the land is gifted 'to the Council in trust for the perpetual use thereof by the public for exercise and recreation pursuant to the provisions of the Open Spaces Act 1906'.

Open Spaces Act 1906

· S10 requires the Council to hold and administer the land for the enjoyment of the public as an open space and for no other purpose.

· S12 allows that any powers available in relation to open space in other statutory provisions will apply to open space under the 1906 act.

Independent legal advice has been obtained in line with the requirements of the charities act. A copy of this appended as Appendix E, however the main conclusions are

• The Committee is acting as Trustee of the Charity and needs to consider the proposal in terms of whether it is compliant with the objects of the trust and whether the proposal is in the best interests of the charity.

• The construction of a MACA is potentially compliant with the powers under the 1906 Act if it is for the purposes of exercise and recreation pursuant to the provisions of the Open Spaces Act 1906. The Committee as Trustee needs to be satisfied that this is the case. The advice from the independent Solicitors is that, as the request does not take away Public Open Space, it does not go against the provisions of the Open Spaces Act 1906.

• The restriction of use of the MACA to the school at certain times is also potentially consistent with the objectives of the charity.

• The Committee should also consider whether the provision of the new facility will better enable the public to use the charitable land for purposes of exercise and recreation and whether, given that there is a restriction on use by the wider public it could demonstrate that overall the public's ability to use the park for exercise and recreation will be enhanced.

• On the basis that the transaction is effected as a licence the consent of the charity commission is not required, and the requirements to advertise are not applicable.

The Charity Commission have been consulted on the proposal and their opinion asked, their response is:- I note that the trustees wish to enter into an agreement with a local school to provide a Multi Use GAMES Area on another part of the land. Should the trustees decide to give the school a licence to use the land, this would not be a disposal within the meaning of the Charities Act 2011, and the Commission would not need to be involved in the grant of a licence. However if the trustees wished to proceed

- 5 -

by disposing of the land to the school, this would need to take the form of a CY pres scheme.

7. OTHER IMPLICATIONS While there may be implications for the Council arising from any decision made in respect of the proposed MACA those implications are not relevant issues for this Committee when it acts as the trustee of Asa Briggs Charity 7.1 EQUALITY & DIVERSITY None 7.2 SUSTAINABILITY IMPLICATIONS None 7.3 GREENHOUSE GAS EMISSIONS IMPACTS None 7.4 COMMUNITY SAFETY IMPLICATIONS No community safety implications 7.5 HUMAN RIGHTS ACT Not applicable 7.6 TRADE UNION No implications for the Trade Unions 7.7 WARD IMPLICATIONS No Ward Implications 8. NOT FOR PUBLICATION DOCUMENTS None 9. OPTIONS 9.1 To reject the application for a licence to construct the MACA 9.2 To agree in principal to the construction of the MACA subject to the agreement of

terms and conditions with the Council

- 6 -

10. RECOMMENDATIONS 10.1 That the external solicitors be authorised to enter into negotiations with the

Council, on behalf of the Trustees, to agree the terms and conditions for the proposed licence for the Multi Activity Community Area (MACA) at Asa Briggs Recreation Ground.

10.2 That, subject to the satisfactory conclusion of negotiations, the heads of terms for the proposed licence be submitted to this Committee for approval. 11. APPENDICES Appendix A: Charity Land plan and Register of Title Appendix B: Copy Conveyance dated the 25 September 1912 Appendix C: Site Location and layout plan Appendix D: Committee Report of the 15th October 2014 Appendix E: Independent Legal Advice 12. BACKGROUND DOCUMENTS No Background Documents.