Decision details

12.1

This report sets out the request from Phillimore Community Primary School to take a lease of a football pitch in Phillimore Park to provide outdoor activity space for the school. Phillimore Park is held on trust and the report therefore requests confirmation from the Charity Trustee Sub-Committee that in principle, the Sub-Committee agrees to give consideration to this proposal and to authorise Officers to take all necessary steps to establish if the proposal is possible and in the Charity’s best interests to proceed with disposing of the land required by the School to Sheffield City Council and the legal requirement to acquire other land from Sheffield City Council in exchange. Once Officers have carried out a full investigation into the land exchange and obtained a Designated Advisor’s report, a further report will be brought to this Committee which will provide information to allow the Committee to make a fully informed decision as to whether to proceed.

12.2

RESOLVED UNANIMOUSLY: That the Charity Trustee Sub-Committee:

1.     notes the contents of this report;

2.     agrees to consider this proposal and request from Phillimore Community Primary School (the school) to take a lease of a football pitch in Phillimore Park Charity;

3.     authorises officers to take all necessary steps to establish if it is possible and in the Charity’s best interest to proceed with disposing of the land required by the school to Sheffield City Council;

4.     authorises officers to explore the legal requirement to acquire other land from Sheffield City Council in exchange for the disposal and to identify such land; and

5.     notes that if consideration of the proposal is approved by the Committee, a further report, incorporating a Designated Advisor’s report, will be brought to Charity Trustee Sub-Committee for a decision as to whether to proceed with an exchange of land with Sheffield City Council.

12.3

Reasons for Decision

12.3.1

The Committee is requested to give its approval to Officers to further investigate the proposal to dispose of part of Phillimore Park in exchange for other land held by Sheffield City Council. This will enable Officers to further explore whether the proposal is in the best interests of the Charity and will inform a further report to be brought back to the Committee to enable it in making a fully informed decision as to whether to proceed with the proposal for the exchange of land.

12.4

Alternatives Considered and Rejected

12.4.1

Option 1 - do nothing

This would mean that the school would not have their proposal considered. This option would retain public access to the green space and would not require the land to be exchanged with other land held by Sheffield City Council.

12.4.2

Option 2 – The Charity could allow the school to use Phillimore Park under a licence.

This option would not require the land to be exchanged with other land held by Sheffield City Council. The grant of a licence would not require a scheme of consent from the Charity Commission This option has been discussed with and trialled by the school, however, the School has concerns around health and safety and safeguarding which it finds difficult to mitigate. For instance, loose dogs, dog fouling and unrestricted access for members of the public during school use. It has therefore not been possible to progress this option.