STRATEGY & RESOURCES
COMMITTEE
5 APRIL 2005
ITEM 9
DISPOSAL OF PARK PROPERTIES - GIBRALTAR RECREATION GROUND
LODGE
Report of the:
Corporate Property Officer
Contact:
Alex Williams
Urgent Decision?(yes/no)
No
If yes, reason urgent decision required:
No
Annexes/Appendices (attached):
Annexe 1 Plan of Court Recreation Ground
Annexe 2 Plan of Gibraltar Recreation Ground
Other available papers (not attached):
Policy and Resources Report Staff Properties
November 2000
The Committee is asked to agree to the release of the restrictive covenant on Gibraltar
Recreation Lodge in order to facilitate the sale of the Lodge. In return, a National
Playing Fields Covenant will be placed on Court Recreation Ground. This follows a
similar format when the NPFA covenants were lifted from the Lodges at the two King
George V Playing Fields (Auriol Park and Poole Road Recreation Ground) in exchange
for imposition of a NPFA covenant on Long Grove Park.
Notes
RECOMMENDATION
(1)
1
2
That the Committee agrees to the release of the restrictive
covenant on Gibraltar Recreation Ground Lodge in
exchange for a restrictive covenant and NPFA charitable
status being conferred on Court Recreation Ground.
Implications for Community Strategy and Council’s Key Priorities
1.1
The Council has an obligation to make best use of its property assets.
1.2
Gibraltar Recreation Ground Lodge has already been identified by the Leisure
Committee as surplus to requirements and its disposal was approved by Policy &
Resources Committee in November 2000. The sale of this property will
contribute towards the continuing drive for more cost effective property portfolio.
Implications for Committee’s Key Service Priorities
2.1
Page 1 of 3
The imposition of the restrictive covenant on Court Recreation Ground (excluding
the Lodge at the Pound Lane entrance, which is also due for disposal) will ensure
that this land will remain a park in perpetuity, thereby assisting in the protection of
the Council’s open space policy
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COMMITTEE
5 APRIL 2005
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4
Introduction
3.1
Gibraltar Recreation Lodge is a three bedroomed house held within the Staff
Properties portfolio. The property has been vacant since May 2003 and although
regular inspections are carried out the property is very vulnerable to vandalism.
3.2
The property is built on land purchased with money donated by the Carnegie Trust
and there is a restrictive covenant, which says that the recreation ground
(including the lodge) is to be used for no other purpose than as a recreation
ground. This covenant is enforceable by the National Playing Fields Association.
Without the permission of the NPFA the Council cannot remove the restrictive
covenant, which prohibits the sale of the property. The NPFA is a charitable body
and must act within the scope of the charity.
Proposals
4.1
5
6
Negotiations have commenced with the NPFA to ascertain whether the Council
could obtain release of the covenant. Subject to an independent valuation
undertaken by the Charities Commission they have agreed to release the covenant
in exchange for an NPFA covenant on Court Recreation Ground which meets their
criteria
Financial and Manpower Implications
5.1
Once the restrictive covenant is released Gibraltar Recreation Lodge can be sold
on the open market and the Council will achieve a significant capital receipt. The
Council has set a target of generating £4 million capital receipts from the disposal
of surplus property between 2004 and 2008 to help fund the approved capital
programme.
5.2
If Court Recreation Ground obtains charitable status the park will remain a park in
perpetuity. This carries with it tax benefits and a greater likelihood of securing
funding from outside sources for the land in question.
Human Rights and Other Legal Implications
6.1
7
ITEM 9
Due to the restrictive covenant the Council is prohibited from letting the property
on a commercial basis or disposing of it for social housing. Should the proposals
not find favour with the Committee then Gibraltar Recreation Ground Lodge
cannot be sold or let for any purpose other than in connection with use of the
recreation ground and the Council would continue to bear the maintenance costs
liability.
Social Well-being
7.1
Page 2 of 3
The Borough will benefit from Court Recreation Ground remaining an open space
in perpetuity and the possible enhancement of its facilities at a future date through
the possible funding and tax benefits referred to in paragraph 5
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COMMITTEE
5 APRIL 2005
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Economic and Environmental Well-being
8.1
9
ITEM 9
Not applicable to this report
Risk Assessment and Conclusions
9.1
At present the Council is unable to dispose of this property and its retention is
contrary to the asset management plan. The arrangement proposed in this report
would ensure that the Council could release the property for sale, obtain a capital
receipt and assist in securing an open space in perpetuity.
WARD(S) AFFECTED: EWELL,COURT,STAMFORD
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