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Details

Status:
Decision Proposed
Title:
A Multiple report on Property Matters for Discussion by Council as Trustee
Include item on Forward Plan/ Key Decision
No
Reference:
004979/2018
Urgent Decision - Not in Forward Plan
No
Details for Agenda Sheet

(15 minutes allocated) (1345-1400)

 

To consider report of the Trusts and Charities Committee.

 

Councillor Habib Rehman to move the following Motion:

 

That Full Council sitting as ‘Council as Trustee’:

 

A. Highbury – Grant of Long Lease to Chamberlain Highbury Trust

 

i) approves the grant of a lease of the Highbury Estate (excluding the land which is the subject of a separate lease to Birmingham City Council for its use by Uffculme Special School) to an independent charity, namely the Chamberlain Highbury Trust as identified in the report to Trust and Charities Committee of 17th January 2018 on terms to be agreed and for a term up to 125 years.

 

B. Cropwood Estate - Hunters Hill College use of additional land

 

i) approves that the land identified as parcels A and B as identified in the report to Trust and Charities Committee of 17th January 2018 together with the woodland either side of Spirehouse Lane be added to the land already occupied by the College and let to the College on terms to be agreed or if required let to the Hunters Hill Charitable Trust.

 

C. Cannon Hill Park – installation of the Sousse and Bardo Memorial

 

i) approves the erection and dedication of the memorial on land identified in the report to Trust and Charities Committee of 17th January 2018 on terms to be agreed.

 

D. Birmingham Charities Limited

 

i) approves the disposal of any land held in trust approved by Council as Trustee to the charitable company, where this is required in order to effect any disposal back to the City Council in its statutory capacity as a “connected person” pursuant to Sections 117-s118 Charities Act 2011.

 

ii) To note that the formation of this charitable company supersedes any requirement to have established individual charitable companies for the relevant charitable trust seeking to dispose of assets back to the City Council as previously approved by the Council as Trustee at its meeting on 6th December 2016, specifically, the disposal of land at Grove Park held in trust as the ‘Public Park in Harborne’ registered charity no.501802 in respect of the Kenrick Centre;

 

iii) To note that the formation of this charitable company supersedes any requirement to have established individual charitable companies for the relevant charitable trust seeking to dispose of assets back to the City Council as previously approved by the Council as Trustee at its meeting on 4th March Full Council as Trustee 13032018 multi motion report Page 6 of 6 2014, specifically, the disposal of land at Highbury registered charity no. 1039194 in respect of Chamberlain House for its use by Uffculme Special School.

 

and

 

that the Assistant Director of Property (Interim) be authorised to secure appropriate valuation and marketing advice in line with statutory requirements of the Charities Act 2011 for the disposal of property and to negotiate and agree the terms of all agreements on behalf of the Trusts provided that appropriate restrictions are included in the disposal terms to properly safeguard the individual Trust

 

and

 

that the City Solicitor and Monitoring Officer be authorised to prepare, negotiate, execute, seal and complete all necessary documentation, including the making of applications to the Charity Commission for any purposes required to give effect to the above decisions and also to place any formal advertisements required under either s123 of the Local Government Act 1972 or the various statutes as may relate to the charitable status of the land, manage any appropriate consultation stages and to appraise the Trusts and Charities Committee of the results of that consultation.

Implementation Date (not before meeting on)
Tue 13 Mar 2018
Purpose
To seek formal approval from Council as Trustee to the Motions proposed for each of the matters set out below which after consideration at earlier Trust and Charities Committee meetings are recommended to proceed. To note also the formation of Birmingham Charities Limited ("BCL"), Companies House Registration number 10392574, as a charitable company (of which the Council is sole member) and which has been established to permit the disposal of assets by the Council's various charitable trusts as Sole Corporate Trustee and in its statutory capacity and as a "connected person" for the purposes of S117 - 118 of the Charities Act 2011. BCL is jointly a non-exempt charity and is regulated by the Charities Commission and Companies House.
Key Portfolio
Social Justice, Community, Safety, and Equalities
Decision Maker
Not Applicable
Chief Officer Decision Maker
------ N/A ------
Reason For Key Decision
Relevant Documents
Decision Type:
Committee
Decision Maker:
Council as Trustee
Directorate
Economy
Other Information
Private Reason
Decision Outcome
Is the Decision Maker Aware of the Decision:
No
Is the Head of Services Aware of the Decision:
No
Is Decision County Wide:
No
Would the recommended decision be contrary to the budget and policy framework:
No
Decision Options:

Additional Information

Reg 10
Reg 11

Decision Criteria

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Wards

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Topics

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Overview and Scrutiny

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Decision History

Date & Time CreatedUser Full NameStatus DescriptionDetails
12
 Page 1 of 2, items 1 to 10 of 12.
02/03/2018 11:15:52Wendy HillBusiness Item Created 
02/03/2018 11:15:52Wendy HillCommittee AddedCouncil as Trustee
02/03/2018 11:15:52Wendy HillMeeting Added13/03/2018 1:45PM
02/03/2018 11:16:50Wendy HillContacts Edited 
02/03/2018 11:17:05Wendy HillCommittee AddedTrusts and Charities Committee
02/03/2018 11:17:11Wendy HillCommittee RemovedTrusts and Charities Committee
02/03/2018 11:17:43Wendy HillReport AddedDocument ID 136346: Council as trustee.Multiple report.13032018final
02/03/2018 11:18:40Wendy HillStatus ChangedDecision Proposed [2]
02/03/2018 13:51:48Phil WrightGeneral Details Edited 
02/03/2018 14:15:36M NovellGeneral Details Edited 

Approval/Comments

No history found.