Content

8.1

The
Head of Parks and Countryside introduced the report which set out
the options available to the Graves Park Charity regarding the
future management and maintenance of Graves Park, with particular reference to the continued or alternative
use of the Norton Nurseries
site.
 
The
report outlined three options for consideration and the financial,
legal and operational implications of
each.

 

 

8.2

RESOLVED UNANIMOUSLY: That Charity Trustee Sub-Committee:-
 

(a)
notes the contents of the report, including the previous report
presented to the Charity Trustee Sub-Committee on 23 July
2025;

(b) has
considered the options outlined in the report, with reference to
what is demonstrably in the best interests of the Graves Park
Charity, in accordance with the Charities Act 2011 and Charity
Commission guidance;

(c)(i) notes that of the options
presented, Options 1, 2, and 3 were recommended for further
consideration and (ii) being satisfied that Option 2 is in the
Charity’s best interests, approves that option for
implementation, which is to reduce the footprint of the Norton
Nursery operational base occupied by the Council, whilst allowing
Parks and Countryside to continue to use the site as a base to
service green spaces, including Graves Park, under a formal 5-year
licence agreement with appropriate market based charges, and to
agree the 12 month short term licence described at 2.3.7, and the
consultation described at 2.3.8 of the report;
and

(d)
acknowledges that any decision made by this Committee in its
capacity as charitable trustee will be subject to approval by the
Charity Commission before
implementation.

 

 

8.3

Reasons for
Decision

 

 

8.3.1

The decision is grounded in the
need to secure a sustainable and legally sound arrangement for the
future management and maintenance of Graves Park, ensuring
alignment with the Charity’s objectives and compliance with
the Charities Act 2011. With no statutory obligation or guaranteed
funding from SCC, and following the short-term licence approved on
23 July 2025, it is essential that any long-term use of Norton
Nurseries demonstrably benefits the Charity. The options reflect a
balance of legal advice, operational practicality, and financial
transparency - ensuring value for money while enabling the
continued delivery of high quality park
services. It also recognises the importance of maintaining
flexibility and oversight in how the Charity’s land is used,
safeguarding its interests for the future.

 

 

8.4

Alternatives Considered and
Rejected

 

 

8.4.1

Do Nothing: 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 stated that the Trustee must formally reconsider the
current arrangement for the use of the Norton Nurseries site, with
a sole focus on whether the current arrangement is in the best
interests of the Graves Park Charity. Proceeding without
undertaking this reassessment would be an ongoing unauthorised use
of charitable land, potentially exposing the Charity to regulatory
scrutiny and undermining public
trust

 

 

8.4.2

Relocate
operational base elsewhere in the park: Reason for Rejection of
this option:
 
This approach would
require establishing a new operational location within Graves
Park—either for the Charity’s exclusive use or for all
green spaces including Graves Park. The area behind the Graves Park
Pavilion, including the adjacent car park for vehicle and equipment
storage and the Pavilion for staff welfare, was identified as a
potential site.
 
However, this
option offers no additional benefit to the Charity and would result
in the loss of existing public parkland. Several disadvantages were
identified:
 

·      
Closure of a well-used public car park to accommodate maintenance
vehicles and equipment.

·      
Installation of extensive fencing to secure vans, tractors, mowers,
and fuel storage areas.

·      
Difficulty in identifying a suitable location that meets DSEAR
(Dangerous Substances and Explosive Atmospheres Regulations)
requirements for fuel storage.

 

 

8.4.3

The Charity
agrees for the Council to use Norton Nurseries as an operational
base to service ONLY the Graves Park Charity, with appropriate
market-based charges for maintenance services: Reason for
Rejection of this Option.
 
This approach would
require the removal of the existing operational base from Norton
Nurseries. The Council would then (re)create the operational base
elsewhere. Following the removal of the base (including the removal
of existing Council facilities, vehicles, equipment, waste
facilities, and staff), the Charity would need to create its own
(much smaller) operational base on Norton Nurseries exclusively to
service Graves Park. In order to do so
the costs of such an operation (welfare facilities, storage,
equipment, waste facilities etc) would need to be met by the
Charity. The Charity cannot assume that the revenue grant can be
increased to cover any shortfall created by the establishment of
the new operational base (and any
implications).
 
The establishment
of two operational bases with separate facilities, equipment, and
vehicles would remove any operational efficiencies that the Charity
benefits from through the existing shared base model. Running costs
for the new Charity base would need to be met by the
Charity.
 
Additionally, the
creation of a new operational base to service the non-charitable
sites currently serviced through the use
of Norton Nurseries would financially impact the Parks and
Countryside budgets (particularly in year one as the base was set
up). This would reduce the level of funding available for Graves
Park.
 
The result of these
financial impacts on Graves Park would likely be a reduction in
standards in the charitable park.