The Assistant Director of Legal and Democratic Services submitted a report updating the Sub-Committee on the progress of a Deed of Dedication relating to Mapledurham Recreation Ground.  The agreed revised draft Deed of Dedication was attached to the report at Appendix 1, an alternative Deed of Dedication proposed by Warren and District Residents Association (WADRA) was attached at Appendix 2, and communication from WADRA setting out their current position was attached at Appendix 3.

The report noted that the purpose of a Deed of Dedication was to provide for the Council (as Trustee of the Charity) to undertake that it would not take certain steps in relation to the Ground, including disposal of all or part of the Ground by way of sale or the grant of a long lease to a third party, or building new buildings on the Ground for anything other than the Charitable Purpose, without the consent of Fields in Trust (FiT).  The report summarised the previous reports submitted to, and decisions made by, the Sub-Committee relating to the process of agreeing a Deed of Dedication.  At the previous meeting of the Sub-Committee on 10 February 2020 the Sub-Committee had noted that a revised draft Deed of Dedication had been negotiated and approved by FiT and had authorised officers to enter into the Deed of Dedication, subject to any changes that might be required in order to reach agreement with FiT.

The report explained that an alternative Deed of Dedication (‘the WADRA draft’) had subsequently been proposed by WADRA as an alternative to the one negotiated and advised upon by Veale Wasbrough Vizards (VWV) and agreed to by the Sub-Committee.  A copy of the WADRA draft highlighting the proposed changes was attached to the report at Appendix 2.  WADRA felt that more protection for the recreation ground was needed than that afforded by the agreed Deed of Dedication and that the Deed should prevent anything being added to the recreation ground in the future.  Their draft therefore had a number of amendments which included: adding a clause not permitting use of the property exclusively by and for the benefit of the Heights Primary School; removing the section referring to the erection of any buildings or structures on the property that would result in the total area of such buildings or structures exceeding 4% of the total area of the property and instead specifying no new buildings or structures beyond those existing at the date of the deed and no fencing off any part of the property; involvement of members of the Management Committee in a number of clauses, and amendments to the section on replacement property.

The report noted that the WADRA draft had been sent to the Trustees on 29 September 2021 and submitted to the Mapledurham Playing Fields Management Committee meeting on 13 October 2021.  The report summarised the discussion held at the Management Committee meeting and set out the Committee’s decision, which had been that the alternative Deed of Dedication submitted by WADRA not be supported in its current form, but that a meeting with WADRA and VWV be arranged to discuss the suggested amendments to the Deed of Dedication.  This meeting had taken place on 28 February 2022.

The report set out detailed officer comments on each of the amendments to the Deed proposed by WADRA and concluded that officers were not able to accept or recommend to the Sub-Committee the proposed amendments, on the basis they were not required by FiT and were not appropriate given the position of the Council as Trustee of the Recreation Ground Charity.  It was considered that WADRA were seeking a prohibition of matters that should reasonably allow some degree of flexibility, as well as introducing the Management Committee and/or WADRA into the document which was considered unacceptable for the reasons explained in the report.  Officers had written to WADRA and a response setting out their current position had been received on 24 March 2022, which was attached to the report at Appendix 3.

The report noted that there were reservations and concerns held by WADRA in respect of FiT and in response to these set out the objects of FiT, which they were legally obliged to comply with, as well as an extract from the FiT website. The report explained that the Deed of Dedication as previously agreed by the Sub-Committee, alongside the objects of FiT, should provide confidence in the additional protection for the Recreation Ground.  It was important that flexibility was built into the Deed of Dedication, as envisaged in the extract from Fields in Trust website; a total lack of flexibility and the prohibitions as envisaged by the WADRA draft might mean that the Trustees were not able to act in the best interest of the Charity, which was a fundamental charitable responsibility.

Resolved –

(1)                   That the amended Deed of Dedication proposed by WADRA as set out at Appendix 2, the officer comments in response to the proposed amendments as set out in the report, and the current position of WADRA as set out at Appendix 3, be noted;

(2)                   That the Sub-Committee reaffirm the decision of the Trustee Sub Committee of its meeting of 10 February 2020 to approve the Deed of Dedication as negotiated and agreed with Fields in Trust.