Decision details

Mapledurham Playing Fields - Deed of Dedication

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No

Decisions:

Further to Minute 7 of the meeting held on 11 October 2016 the Assistant Director of Legal and Democratic Services submitted a report on the possibility of entering into a deed of dedication in favour of Fields in Trust in relation to the Mapledurham Recreation Ground.

 

The report explained that Fields in Trust was the working name of the National Playing Fields Association, a registered charity, which had entered into deeds of dedication in relation to other pieces of charitable and local authority land.  The main purpose of a deed of dedication was to make land subject to a binding covenant which prevented the sale or disposal of property without the consent of Fields in Trust, so that there was a third party capable of vetoing a sale or other disposal of the land in certain circumstances.  This could address the concerns of local community representatives regarding the potential precedent for further development that could be implied by the sale of part of the Playing Fields for a school site.  Entering into a deed of dedication was likely to require the consent of the Charity Commission.

 

The report noted the proposal for a deed of dedication had been included in consultation with the beneficiaries of the Mapledurham Recreation Ground Charity carried out in 2017, and around 84% of responders had indicated that it was a proposal that should be explored in more detail, with a view to determining whether it would be in the best interests of the Charity.  The report recommended that officers be instructed by the Sub-Committee to formally investigate the position with Fields in Trust in more detail, and if necessary liaise with the Charity Commission and take legal advice on the implications, with a view to making a recommendation to a future meeting of the Sub-Committee as to whether a deed of dedication should be put in place in relation to all or part of the Mapledurham Recreation Ground.

 

Resolved –

 

          That the Sub Committee note the report and authorise Officers to formally investigate the implications of the charity entering into a deed of dedication and to liaise with Fields in Trust and (if necessary) the Charity Commission regarding entering into a deed of dedication in respect of  the Mapledurham Recreation Ground Charity.

Publication date: 07/10/2019

Date of decision: 07/05/2019

Decided at meeting: 07/05/2019 - Mapledurham Playing Fields Trustees Sub-Committee

Accompanying Documents: