Content

8.1

This report outlines a proposal to grant a
licence to Sheffield City Council for its Parks and Countryside
Service to continue using part of the Norton Nurseries area of
Graves Park as an operational base for the management and
maintenance of green spaces outside of Graves Park. This use is in
addition to, and ancillary to, the use of the same piece of land
for the management and maintenance of Graves Park which is
permitted by the charity’s scheme. This report seeks approval
from Sheffield City Council, acting as sole trustee of Graves Park
Charity, to agree to a 12-month licence of the area to allow the
Council’s ancillary use.

 

 

8.2

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

1.    
notes the contents of this report and annexures;
 

2.    
approves the terms of licence proposal to regularise the ancillary
arrangements in Graves Park; and
 

3.    
confirms that the necessary processes in relation to transactions
with connected persons have been complied with and that subject to
the Charity Commission consent confirming the Licence can be
entered into with the Council.

 

 

8.3

Reasons for
Decision

 

 

8.3.1

It has been confirmed by the Charity
Commission that the trustee is acting in breach of trust and
therefore if the arrangement is to continue it must be regulated,
in order to remedy the breach. This is a matter that must therefore
be rectified, and the arrangements regularised in a way that
benefits the Graves Park Charity.

 

 

8.4

Alternatives
Considered and Rejected

 

 

8.4.1

Alternative Option 1:
Do Nothing
This option was rejected as to do so would
mean that the trustee was acting in breach of trust.

 

 

8.4.2

Alternative Option 2:
Propose a licence
for longer than 12 months
This was rejected as the work that is ongoing
to establish what the options are for the operational base to
support the management and maintenance of green spaces including
Graves Park should be concluded within 12 months.

 

 

8.4.3

Alternative Option 3:
Remove the
operational base from Norton Nurseries immediately
This was rejected as it is not logistically
possible for the charity. An operational base to support the
management and maintenance of green spaces including Graves Park is
a key requirement for delivery and there are no suitable
alternatives available to allow an immediate decanting from Norton
Nurseries.