Content

5.1

The Committee considered a report of the
Executive Director of Neighbourhood Services which sought a
decision regarding the provision of services to the Graves Park
charity for a short-term period to 30 November 2025, together with
the consequential licence of land. It identified one feasible
option, which involved the continued use in the short-term of the
Norton Nurseries section of Graves Park.

 

 

5.2

RESOLVED UNANIMOUSLY: That the
Charity Trustees Sub-Committee: -
 

(a) 
Notes the contents of the report, including the background, the
current use of the Norton Nurseries site, and the correspondence
received from, and issued to, the Charity Commission;
 

(b) 
Has noted and considered the options set out in the report;
 

(c) 
Decides on the immediate use of the Norton Nurseries area of Graves
Park, in accordance with what is in the best interests of the
Graves Park charity;
 

(d) 
Where satisfied that it is in the best interests of the Graves Park
charity approves the recommendation to grant a short-term licence
agreement to the Council, to 30th November 2025, to formalise the
current use and provide for appropriate charging structures between
the Charity and the Council; and
 

(e) 
Notes that, subject to the decision by Trustees, a further report
outlining long-term options for the site will be brought before the
Committee in September 2025 for consideration.

 

 

 

 

5.3

Reasons for
Decision

 

 

5.3.1

This decision is required to ensure that the
ongoing use of the Norton Nurseries site is properly assessed in
line with the Charity Commission’s guidance and the legal
advice received. The original decision did not sufficiently
evidence whether the arrangement benefits the Graves Park Charity,
and without a formal reassessment focused solely on charitable
interest, the current use may be considered unauthorised. A new
decision will allow the Trustee to demonstrate compliance, protect
the Charity’s assets, and ensure that any future arrangements
are clearly in the best interests of the Charity

 

 

 

 

5.4

Alternatives
Considered and Rejected

 

 

5.4.1

Option 1
Do Nothing: To uphold the decision made by the
Charity Trustee Sub-Committee on 25th November 2024 (Report Title:
Licence for use of Norton Nurseries as an operational base for
Parks and Countryside) and not revisit or revise that decision at
this time, on the basis that it remains in the best interests of
the Charity.
 
Reason for Rejection of this Option:
This approach would be inconsistent with the
advice received from both the Charity Commission and independent
Counsel. The Commission has explicitly stated that the Trustee must
formally reconsider the use of the Norton Nurseries site, with a
sole focus on whether its continued use is in the best interests of
the Graves Park Charity. Proceeding without undertaking this
reassessment would risk the ongoing unauthorised use of charitable
land, potentially exposing the Charity to regulatory scrutiny and
undermining public trust.

 

 

5.4.2

Option 2
Norton Nurseries to be used for the sole
purpose of maintaining Graves Park (with services continue to be
provided by Parks and Countryside).
 
This option would require Sheffield City
Council to remove any operational functions from Norton Nurseries
that are not directly related to the maintenance of Graves Park.
The site would then be used exclusively to support the charitable
park
 
Further work is needed to refine this option,
but there are likely to be financial implications for the Charity.
The Council would continue to provide operational and management
services for the Charity, with no immediate increase in the cost of
these services. However, should an alternative base be adopted for
service delivery, the associated overhead costs to the Council
would rise. These increased overheads would need to be
proportionally distributed across all green spaces within the
Council’s estate, which would likely lead to higher costs for
delivering services to the Charity. As the Charity has historically
not generated sufficient income to fully cover its operational
costs, any additional expenditure would need to be met from its own
income sources, at least in the short term.
 
The current support provided by Sheffield City
Council by way of the revenue grant that contributes to the
operational costs of Graves Park cannot be increased during the
2025/26 financial year. The Charity Trustees must therefore assume
that this level of support will remain unchanged when considering
the financial implications of this option
 
 

 

 

5.4.3

Option 3
Norton Nurseries to cease being used as an
operational base by the Council and alternative arrangements made
directly by the Charity.
 
If the Graves Park Charity were to take back
possession of the Norton Nurseries site and cease its use as an
operational base, the Charity would assume full responsibility for
the maintenance and management of Graves Park. This would require
the Charity to either deliver maintenance services directly or
procure them from a third party, which could include the
Council.
 
This option would involve establishing new
operational arrangements, including staffing, equipment, and
service delivery models. The financial implications would depend on
the approach taken, whether through direct employment or
contracting and the scale and frequency of maintenance required.
The absence of an on-site operational base may also affect the
responsiveness and efficiency of service delivery, depending on how
the new arrangements are structured. This option would provide the
Charity with full control over how the land is used and
maintained.
 
This option has been discounted at this stage.
However, if it were to be reconsidered in future, the Trustee would
need to allow for an adequate lead-in time, as the procurement of
an appropriate service to manage and maintain the charitable park
would require development and planning.
 
Removing all operations from Norton Nurseries
and the Charity procuring its own maintenance services would
involve the Charity establishing a specification for their
maintenance and tendering the opportunity to external operators.
These services would need to include provision of staff, all
necessary resources and equipment. The cost implications of this
are likely to be significant as in addition to funding the
provision of the service, it is reasonable to expect that an
operator would expect to make a profit. In previous years, the
Graves Park Charity has not generated enough income to entirely
cover the operational costs of the park. The trustee must assume
that paying for other services would need to come from other income
to the park at least on a short-term basis.

 

 

5.4.4

Option 4
Reduce the footprint of the land occupied by
the Council, whilst allowing the P&C Service to continue to use
Norton Nurseries as a base to service green spaces including Graves
Park)
 
Without sufficient time to explore alternative
uses for the land, or to determine whether it should be returned to
parkland and what that would entail, the immediate benefits to the
Charity are likely to be limited and could involve significant
costs. The operational land at Norton Nurseries is currently
separated from the publicly accessible areas of Graves Park. To
make this land accessible to the public, the Charity would need to
address several issues:

·      
Health and Safety: At least one derelict building may require
demolition to ensure public safety.

·      
Site Condition: Large areas of the land are concreted or tarmacked
due to its operational use, which may not be suitable for public
recreation without substantial investment in landscaping or
reconfiguration.

·      
Future Use Planning: Decisions would need to be made about the
intended use of the land, whether it should be grassed over,
partially managed by the Friends of Graves Park, or potentially
repurposed to support the Charity’s activities.
 
Each of these considerations carries cost
implications, including demolition, site remediation, and ongoing
maintenance. Depending on the decisions made, these could represent
a significant financial commitment for the Charity