Agenda item

To formally agree the proposed Heads of Terms for the skatepark lease.

The Sub-Committee considered a report by the Team Manager, Parks and Bereavement Services.  It was noted that to commence the installation of the skatepark the Council must enter into a lease with the Alice Park Trust for the land required.

The following issues were discussed:

·  The delivery of the skate park is the responsibility of the Council.

·  Paul Hooper noted that one of the recommendations asked the Sub-Committee to allocate some funding towards legal costs.  The Team Manager explained that this was now required because the original plan had been to install the skate park at the same time as the footpath works to save money.  A fence is also now required to keep the skate park separate from the children’s play area.

·  Graham Page stated that if the Council has not made adequate provision in its budget for the skatepark then the Trust should not be expected to contribute towards its legal costs.  He also asked that the area to be leased for the skate park be changed for health and safety and child protection reasons.  The skate park should be clearly separated from the children’s playground as there are foreseeable risks. 

·  Paul Hooper supported the provision of the skate park and its design but had concerns around the way the contract had been awarded and why Canvas had been selected.

·  The Legal Services Manager explained that the Council would be required to remove and replace the skate park at the end of its life.  The Council would also be responsible for all repairs and maintenance. He also confirmed that the Council had followed its contract standing orders when awarding the contract to Canvas.

·  Cllr Myers queried the extent to which there was a conflict of interest if the Trust gave money to the Council.

·  Cllr Appleyard explained that the Council had allocated money for a skate park.  Private donations were also given to provide the facility.  Following discussions the Sub-Committee had agreed to allocate £25k from the skate park monies towards other park improvements.  Some of this funding had already been spent but what was being requested from the Trust was a return of some of the original skate park funds. 

·  The Legal Services Manager explained that the Council, as sole corporate trustee for the Alice Park Trust, was being advised by external solicitors.  He confirmed that a copy of the lease, when finalised, would be brought back to the Sub-Committee.

·  Graham Page raised the issue of a potential conflict of interest for Cllrs Appleyard and Wright as they had campaigned during the election for a skate park.  The Legal Services Manager confirmed that Councillors can campaign on an issue and then make decisions relating to that issue provided they are not “predetermined”. 

·  Cllr Myers stressed the importance of being clear about reinstatement.  It was important to have the power to remove the skate park if it was no longer required.  He was concerned about the lack of budget information and felt that the Sub-Committee needed to know the facts before agreeing to release any funding.  He supported the recommendation provided:

o  There are clear plans in the Heads of Terms regarding reinstatement.

o  Full details of the Trust’s budget are made available at the next meeting.

RESOLVED:

(1)  To approve the proposed Heads of Terms as set out in the report.

(2)  To work with assistance from the Council, to gain Charity Commission approval for the disposal of land via a lease, commensurate with its formal asset valuation by a qualified surveyor and through their agreement to advertise the disposal via public notice upon the site.

(3)  To ask the Team Manager, Parks and Bereavement Services to provide a specific quote for the disposal fees and other contingencies.  To agree expenditure of up to £6k from the Alice Park Trust budget for these items to enable the project to move forward.

(4)  Once the lease is finalised the Trust Sub-Committee will formally approve the lease with the Council subject to Charity Commission approval.