Meeting documents

Cabinet
Wednesday, 7th June, 2006

Bath & North East Somerset Council

MEETING:

Council Executive

DATE:

On 7 June 2006

PAPER NUMBER

12

TITLE:

Bishop Sutton Football Field - Proposal to grant a Long Lease to The Parish Council

EXECUTIVE FORWARD PLAN REFERENCE:

   

EWP

01254

PL

WARD:

Chew Valley South

AN OPEN PUBLIC ITEM

List of attachments to this report:

Email From Stowey Sutton Parish Council

1 THE ISSUE

1.1 A proposal to grant a long lease of Bishop Sutton Football ground to Stowey Sutton Parish Council for its continued use as a Football Ground and general open space for use of the local population.

2 RECOMMENDATION

The Council Executive is asked to agree that:

2.1 That Stowey Sutton Parish Council are granted a 125 year lease of the Playing Field.

2.2 That the lease restricts the use of the land for recreation and open space only to prevent the development of the site for any other purpose.

3

FINANCIAL IMPLICATIONS

3.1 The Council currently obtain £490 per annum rent from the lease of this pitch which may increase to £1,800 per annum if the outstanding rent review is implemented. Consideration of £36,000 would be obtained for the long-lease.

4 THE REPORT

4.1 The council have been approached by Stowey Sutton Parish Council, with a request that it be granted a long-lease of Bishop Sutton Football Ground. The main use of the land is as a football ground for the local club. The Parish currently have short lease of the ground and grant a similar term on a sub-lease to the football club. The current rent payable under this lease is £490 per annum. There is an outstanding rent review and it is estimated that the rent could increase to £1,800 per annum if this review is implemented. This level of rent is seen by the Football Club as being too high for them to be able to meet in the long term.

4.2 The land has been confirmed as being surplus to the Council's needs but on the understanding that its long term future is protected for sports and recreational use.

4.3 The football club wish to continue playing out of the ground and wish to seek funding opportunities which will allow them to improve the club's facilities.

4.4 Negotiations have taken place with both organisations over a prolonged period to agree a transaction that would satisfactory to both parties. The main points of concern have been:

· Ensuring that the land remains as an open space. Specific concerns have been raised about the land being lost to housing development and a there was, therefore, a need to retain control over the land to prevent this.

· Giving the Parish Council an ongoing interest in the future of the land.

· Providing a framework within which the Football Clubs aspirations for the land can be met, allowing them to take advantage of funding opportunities that exist.

· Allowing the Football Club to occupy the property at a level of cost that they are able to afford.

4.5 A number of alternatives were rehearsed with the two organisations resulting in the proposed lease.

4.6 The potential of a disposal on long-lease to the Football Club was considered, but this did not address the wishes of the Parish Council to exercise an element of control over the land. The outcome of negotiations between the parties was that it was appropriate that the lease should be granted to the Parish with them granting a shorter sub-lease at a level of rent that the Football Club can afford and which still offers them a sufficient term to be able to take advantage of funding sources to be able to improve facilities on the ground.

4.7 A 125 year lease has been chosen on the basis that it gives the Parish a long term interest in the land, whilst allowing Bath and North East Somerset Council to maintain high level controls over the use of the land; ensuring that it cannot be developed in a way which is unacceptable to either Council. A 999 year lease was considered, but the 125 year period was chosen because this shorter term gives the Council greater certainty of being able to enforce the terms of the lease.
It has been confirmed that both the Parish and the Football Club are happy with this proposed arrangement.

4.8 A payment of £36,000 will be made by the Parish in consideration for the long lease.

5 RISK MANAGEMENT

5.1 A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance.

6 RATIONALE

6.1 If a long lease is granted to the Parish Council this will give them assurance over the pitch being maintained for use by the local football team and for a wider community use.

6.2 The Council can gain the benefit of the consideration for the long-lease, whilst maintaining an over reaching interest in the property to ensure that no developments take place on the land to which it would object.

6.3 A sub lease can be granted to Bishop Sutton Football Club which will be at a rental level that they can sustain and is of a length which will allow them to gain the benefit of available grants and funding to improve the facilities.

7 OTHER OPTIONS CONSIDERED

7.1 Sale to the Parish Council. This would take the control of the future use of the land completely out of the Council's hands. A long lease allows the Council to maintain control over the use of the land against development and other uses.

7.2 Grant a further short term lease; this does not give the security required by either the Parish Council and/or the Football Club

8 CONSULTATION

8.1 Ward councillor, Executive councillor, Parish council, Section 151 Finance Officer, Monitoring Officer

8.2 Consultation has been undertaken and feedback has been incorporated in to this report

Contact person

Rob Scott - 01225 477906
robert_scott@bathnes.gov.uk

Background papers

None