Decision Maker:

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 8, 2025

Purpose:

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.