Issue - meetings

Report of the Deputy Chief Executive (Place)

The Cabinet considered a report of the Deputy Chief Executive (Place) that sought the agreement of the Cabinet, sitting as the Charitable Trustees, to grant a wayleave agreement which allowed Western Power Distribution to lay and retain new power cables on a route which crossed through part of the War Memorial Park.

By virtue of a conveyance dated 27th January 1921, The War Memorial Park was held on trust by the Council and therefore any decisions relating to it must be made on the basis of and acting in the capacity as sole charitable trustee and what was in the best interests of the charity alone.

Where a local authority was trustee of an asset held on charitable trust, it was essential to ensure that the asset was held and applied in accordance with the particular charitable purpose to which it was conveyed to the Local Authority.

Where the Local Authority was the sole trustee, it was the corporate body (“authority itself”) which was the trustee and as such guidance from the Charity Commission stated that responsibility for decision-making and oversight rested with the Councillors. In exercising the obligation as charity trustee, the decision takers must ensure that their decisions were only taken on the basis on what was in the interest of the charity and not that what was in the best interest of the of the Local Authority.

A request had been received from Western Power Distribution to allow them to lay and retain new power cables on a route through part of the park (as shown on the plan attached as Appendix A to the report) and enter into a wayleave agreement to allow this. 

Members had received assurance that any events being held in the parks and on open space land on the cable route, including the Godiva Festival at the War Memorial Park in July 2017, would not be affected by the proposals.

RESOLVED that the Cabinet:

1.  In its role as charitable trustee of the War Memorial Park, agrees in principle to the entering into an agreement with Western Power Distribution for the laying and retention of cables through the park and any other land held on Trust by the Council through which the cable will run subject to:

•  An independent Charities Act report recommending that the intended easement between the Charitable Trust and Western Power Distribution represents best value to the charity. 

2.  Delegates authority be granted to the Deputy Chief Executive (Place) and the Council’s Section 151 Officer, in consultation with the Cabinet Member for Jobs and Regeneration, Cabinet Member for City Services and Cabinet Member for Public Health and Sport, to negotiate the detailed terms of agreement with Western Power Distribution which shall include undertaking the appropriate due diligence and completion of the necessary legal documentation.