Decision details

Decision:

(1)             That the Executive Shareholder and Trustee Committee approves the submission of an application to the Charity Commission to:

(a)   remove the restrictive covenants relating to alcohol so that they do not apply to Allen House Grounds or to Foxenden Deep Shelter; and

(b)   modify the restrictive user clause relating to public walks and pleasure grounds, so that it only applies to Allen House Grounds and does not apply to Foxenden Deep Shelter.

(2)             That, should the application referred to in paragraph (1) (a) above fail, the Director of Community Services be authorised to submit a further application to the Charity Commission to seek approval to modify the covenants, so that they do not apply to Foxenden Deep Shelter.

Reasons:

·        To allow the Council to seek a tenant of Foxenden Deep Shelter on behalf of the Trust.

·        To allow activities such as events to take place on Allen House Grounds.

·        To generate an income for the Trust and help fund works to take place to preserve Foxenden Deep Shelter.

Alternative options considered and rejected by the Executive Shareholder and Trustee Committee:

·          Option One – Do not proceed with an application to the Charity Commission.  The Shelter would remain closed and the Council would undertake any structural works that are required on behalf of the Trust.

·          Option Two – modify the restrictive covenants, so that they do not apply to the Shelter.  The restrictive covenants would still apply to Allen House Grounds but would no longer apply to the Shelter, which would increase the opportunity to let the Shelter.

Details of any conflict of interest declared by the Leader or Lead Councillors and any dispensation granted:

None