Richmond Park

 

 

1.0         Purpose

 

1.1         To approve a proposal to approach the Charity Commission to seek amalgamation of the charity title and land which forms part of the Richmond Park into a single Registered Charity. It is also proposed that additional land, which forms the remainder of the park, be transferred to the Parks and Countryside Service to manage as part of the new single charity (as detailed in the plan attached as Appendix 1).

 

2.0         Background

 

2.1         The Director of Parks and Countryside has been in consultations with the Friends of Richmond Park about the general future development of the park and its charitable status. The Friends are a newly formed group of local residents who have joined with the Council to promote the development of the park.

 

2.2         One of the initial matters of concern for the local community is the future status of the park and associated open spaces.  This has been expressed in a 236-name petition received by the Council (6th December 2006) about the council’s perceived intention to sell land in the area known as Richmond Park. 

 

2.3         A full title check of the park has now been undertaken. The

individual separate titles are represented on the attached plan [Appendix 1]. The title numbers make reference to the deed packets held by the Council.

 

2.4         Richmond Park and the individual titles referred to within this report are zoned as public open space and are designated as Green Belt.

 

3.0         Review of Title

 

3.1         Currently, there are 8 separate land titles that make up Richmond Park comprising of: Deeds: 1739, 4734, 4735, 5149, 7133, 10567, 10578 and 12817.  A ninth deed title, 7193, is partly managed as public open space and partly housing and forms part of the Neighbourhood account.

 

3.2         Staff in Legal and Governance and the Charity Commission have reviewed each deed title.  The conclusion shared by both is that titles 5149, 4735 and 4734, the bulk of the land of the park is held subject to charitable trusts. They are however 3 separate charities.

 

3.3         The remaining areas are land held beneficially by the Council and with the exception of title 7193 form part of the Parks Account. Deed Title 7193 forms part of the Neighbourhood Account.

 

4.0         Proposal

 

4.1         The Friends of Richmond Park wish to play a much more central role in the future development of the park. This accords with the Council’s overarching policy of promoting partnership working.

 

4.2         To move this relationship forward, the Director of Parks and Countryside felt that it was necessary to clarify the claims that the park was held subject to charitable trusts and once that clarification was achieved to decide on a way forward that would support future funding streams.

 

4.3         To this end the Director having now had information on title has recommended creating a new encompassing charity that includes all the charitable and other land currently making up the park.

 

5.0         Charity Commission Considerations

 

5.1         The Charity Commission has been contacted and copies of all title documentation have been shared with it. They have confirmed that the park is made up of three distinct charities plus land held beneficially by the Council.

 

5.2         The legal options have been discussed with the Commission and their advice is that the separate charities are first amalgamated to form a single charity.

 

5.3         The Council would then be the Corporate Trustee of one charity registration, as opposed to three, and the costs associated with maintaining the charity would be reduced. 

 

5.4         The Asset Management Group have reviewed this matter (16th November 2007) and support the transfer of the land held by Neighbourhoods [deed 7193] be transferred to the Parks and Countryside account to facilitate its inclusion in the new management arrangements.  Once this transfer is concluded, deed 7193 should then also be incorporated into the new single charity.

 

6.0         Financial Implications

 

6.1         There will be a need to advertise the appropriate scheme and the arrangements and the cost of this will be picked up by the Parks and Countryside budget.

 

6.2         The proposal for a single charitable estate will lead to future efficiencies in respect of future legal, property and statutory charitable auditing costs.

 

7.0         Equal Opportunities Implications

 

7.1          An Equality Impact Assessment has been carried out and the proposals contained within this proposal are primarily administrative and have a neutral impact.  However, the proposal will hopefully foster increased community confidence, trust and involvement with the Park’s management and development in the future. 

 

8.0         Human Rights Implications

 

8.1         There are no Human Rights implications arising from this proposal.

 

9.0         Environmental Sustainability

 

9.1         The creation of a new single charity will have a positive environmental effect and will assist in the future management and development of the Richmond Park.  This proposal has been developed in partnership with local community representatives and such involvement and support is critical to the future success and sustainability of the park.

 

10.0    Recommendations

 

10.1    That approval is given for the proposed amalgamation of the eight separate deed titles that currently make up Richmond Park with a view to their registration as a new single Richmond Park charity.

 

10.2    That the land contained in the separate deed title 7193 be: 

 

a)     transferred to Parks and Countryside to manage; and

 

b)     subsequently incorporated in to the new proposed single Richmond Park charitable estate.

 

10.3    That the Assistant Chief Executive Legal and Governance in consultation with the Director of Parks and Countryside be given authority to take all necessary action to achieve amalgamation and registration of the land into a new Richmond Park charity. This authority extends any necessary discretion to the Assistant Chief Executive Legal and Governance to remove from the land to be registered any land forming part of the deeds, considered necessary for specific legal or practical reasons.

 

10.4    It is noted that should there be any public objection to this proposal as a result of the necessary advertisement procedure, which remains unresolved, the matter will be referred back to Cabinet for determination

 

Mrs. E. Bashforth - Assistant Chief Executive, Legal and Governance

 

John Mothersole – Executive Director of Development, Environment and Leisure

 

February 2008