This report updates the Trustees on negotiations with Fields in Trust on a draft deed of dedication, and seeks authority to enter into the revised deed.

Further to Minute 6 of the meeting held on 15 October 2019, the Assistant Director of Legal and Democratic Services submitted a report on the development of a Deed of Dedication (Deed) for Mapledurham Playing Fields.  The draft Deed submitted to the Sub-Committee on 15 October 2019 was attached to the report at Appendix 1 and a revised draft Deed was attached to the report at Appendix 2.

The report explained that the Council’s External Legal advisers (VWV) had negotiated with Fields in Trust (FiT), as authorised by the Sub Committee, and had agreed in principle a revised draft Deed of Dedication.  VWV had consulted with the Charity Commission on the amended draft Deed and the Charity Commission had acknowledged that other Charities (including other Councils acting as trustee) had entered into similar arrangements.

VWV’s advice was that, taking into account the wide consultation that had been carried out amongst the public and the amendments to the draft Deed that had been agreed with FiT, the Sub-Committee were able to decide to enter into the Deed if they concluded that this was in the best interests of the charity and its beneficiaries.  VWV had confirmed that in its view the Council would be acting properly in deciding to enter into the Deed.

The report noted that the revised draft Deed essentially provided for the Council (as trustee of the Charity) to undertake that it would not take certain steps in relation to the Ground, or that it would only do so with FiT's consent.  The key undertakings were set out in clause 3 of the draft Deed as amended, and included the following:

·       Not to use the Ground for any purpose other than as a recreation ground for the benefit of those who live in the Parish of Mapledurham and Borough of Reading (the "Purpose");

·       Not to allow third parties to use the Ground for anything other than the Purpose without FiT's consent;

·       Not to sell, lease or otherwise dispose of all or part of the Ground without the prior written consent of FiT;

·       Not to construct (or allow a third party to construct) buildings or structures on the Ground (or make material alterations to them) for any use other than the Purpose without FiT's consent;

·       Not to construct (or allow a third party to construct) buildings or structures on the ground where their area would exceed 4% of the total area of the Ground (the revised deed had reduced the proposed figure from 20% to 4%).

The intention was that these undertakings would last in perpetuity, and taken together the provisions would mean that the Council could not in the future: dispose of all or part of the Ground by way of sale or the grant of a lease to a third party without FiT's consent (unless to buy replacement property or to another charity); build new buildings on the Ground for anything other than the Purpose or for the Purpose but outside the 4% total area restriction; use or allow the Ground to be used for anything other than the Purpose without FiT's consent.

The Sub-Committee were asked to consider, in relation to the revised Deed of Dedication, whether it was in the best interests of the Charity and its beneficiaries to add a requirement for FiT's consent to any disposal of part or all of the Ground in the future. Effectively, the revised Deed of Dedication would enable FiT to make a judgement about this in addition to the Council.  This requirement for consent was how FiT operated in order to prevent recreational land from being used for purposes other than recreation, but the Sub-Committee were asked to consider whether the benefits of the draft Deed outweighed the disadvantages, the main disadvantage being that the Council would lose a degree of discretion and flexibility in relation to the future.

It was reported at the meeting that, although at the time of writing the report officers had understood that FiT had approved the revised draft Deed, further discussions with FiT had since been held and were still ongoing.  FiT had requested that an obligation be placed on the conveyance to note the Deed, that in Clause 4 on Replacement Property the obligation should be extended to any licence the Trustee may grant (this was the only matter which was still outstanding in the discussions) and had proposed that in Clause 7 the site name should be “Green Space for Good – Mapledurham Recreation Ground”.

Resolved –

(1)      That it be noted that VWV had sought the views of the Charity Commission on the entry into the Deed and confirmed that the Council as trustee would be acting properly in deciding to enter into the Deed;

(2)      That it be noted that a revised draft Deed of Dedication had been negotiated with, but not yet approved by, FiT;

(3)      That the advice in the report and given at the meeting be noted and officers be authorised to enter into the Deed of Dedication as set out in Appendix 2, with the inclusion of the site name “Green Space for Good – Mapledurham Recreation Ground” in Clause 7, subject to any further changes that might be required in order to reach agreement with FiT and were considered necessary and appropriate.