This report updates the Sub-Committee on progress being made to complete the Deed of Dedication.

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  ...  view the full minutes text for item 3