Decision Maker: Charity Trustee Sub-Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 23, 2025

Purpose:

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