Purpose

The
Council Plan sets out the Council’s ambition to minimise
the burden of local taxation, delivering the agreed priorities for
residents within the approved budget and capital programme. The
Council maintains an
Asset Management Policy and
Strategy that
details how the Council’s Assets will be managed and
developed to deliver against the targets within the Council
Plan.   An objective of the Asset
Management Strategy is to acquire, manage, maintain and dispose of property effectively,
efficiently and sustainably, together with optimising financial and
commercial opportunities.   
 
This report concerns a Community Asset
Transfer.   West Sussex County
Council (WSCC) is the sole Corporate Trustee of the St John’s
Institute Charity (charity number 305190).   This charity owns the freehold estate of
Park Centre, Park Road, Burgess Hill, West Sussex, RH15
8EU. 
 
The Park Centre was declared surplus to
operational requirements (decision reference CAB 02 21/22) and is
now identified as suitable for a Community Asset
Transfer.  In order
for this to happen the County Council needs to follow a
legal process which requires a change to the objects of the
charity, the selection and appointment of a community organisation
to take over the building and an agreement with the charity
commission on a mechanism to transfer the Park Centre land and
charitable obligations to the new organisation.  
 
The opportunity to take over the Park Centre
through a Community Asset Transfer was advertised.  A consortium which included Burgess Hill Town
Council, Clarion Futures and the Escape Youth Club came together
and following a due process have been selected as the preferred
partner. The consortium has now established a new Charitable Incorporated
Organisation (CIO) called Park Centre Burgess Hill (charity
number 1203295) with a group of independent Trustees. 
 
In order to
facilitate the transfer of the property it is proposed the County
Council acting as Trustee, submits an application to the Charity
Commission to change the objects of the St John’s charity to
update the objects and reflect the charitable purposes that have
most commonly and most recently been used for community centres and
similar properties. The new objects are set out below.
 
Subject to the approval by the Charity
Commission of the new objects, the County Council then proposes to
agree a mechanism to transfer the Park Centre Burgess
Hill   to the new CIO. 
 
 

Decision

The Cabinet Member for Finance and Property
has approved:
 

1.  
That the County Council acting as Trustee for the St John’s
Institute Charity submits an application to the Charity Commission
to change the objects of the St John’s Institute Charity (ref
305190) as per the details set out below; and

2.  
approves the Park Centre Burgess Hill Charitable Incorporated
Organisation (ref 1203295) is the preferred partner as the
recipient for the transfer of the Park Centre; and

3.  
agrees a mechanism with the Charity Commission to transfer the
legal estate in the Park Centre and the charitable objects to
the Park Centre Burgess Hill Charitable
Incorporated Organisation (ref 1203295) subject to obtaining the
necessary Charity Commission consents and a further Cabinet Member
Key Decision; and that

4.  
authority is delegated to the Assistant Director (Property and
Assets) in conjunction with the Director of Law and Assurance to
negotiate, agree and conclude the terms of these
arrangements.