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 15 of the meeting held on 7 May 2019 the Assistant Director of Legal and Democratic Services submitted a report setting out a draft Deed of Dedication for Mapledurham Playing Fields, which was attached to the report at Appendix 1.

 

The report noted that at its previous meeting the Sub-Committee had authorised officers to investigate the implications of the charity entering into a deed of dedication, and liaise with Fields in Trust (FIT) and the Charity Commission regarding entering into a deed of dedication in respect of the Mapledurham Recreation Ground Charity.  The Council’s external Legal advisers Veale Wasborough Vizards (VWV) had obtained and reviewed FIT's standard draft deed of dedication and made a number of changes to it to reflect the Council's role as trustee of the Charity.  The resulting draft Deed was attached to the report. 

 

The report summarised the key undertakings included in the draft Deed and explained that it essentially provided 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 FIT.

 

The Sub-Committee were asked to consider whether pursuing the draft Deed would be in the best interests of the Charity, and if so to authorise officers to discuss the detail of the terms with FIT and also seek the views of the Charity Commission.

 

Resolved –

 

(1)     That seeking to negotiate a draft of the Deed with FIT be agreed as being in the best interests of the Charity and its beneficiaries;

 

(2)     That the Assistant Director of Legal & Democratic Services be authorised to progress negotiations with FIT, with a view to presenting a final draft for consideration and (if thought fit) approval by the Sub-Committee;

 

(3)     That the Assistant Director of Legal & Democratic Services be authorised to seek the views of the Charity Commission on the entry into the Deed and to confirm the position to the Sub-Committee in advance of any decision to enter into a Deed.

Publication date: 04/02/2020

Date of decision: 15/10/2019

Decided at meeting: 15/10/2019 - Mapledurham Playing Fields Trustees Sub-Committee

Accompanying Documents: