(15 Minutes allocated) (1345-1400)
To consider a report of the Trust and Charities Committee.
Councillor Habib Rehman to move the following Motion:
“That Full Council
sitting as ‘Council as Trustee’:
A. Highbury – Disposal of former lodge 98 Queensbridge
Road
i) notes
that the property is currently vacant and although safeguarded by a guardian
occupation, is principally unimproved and in need of capital improvements but
no longer required as residential accommodation by the Chamberlain Highbury
Trust.
ii) approves
the proposal to negotiate a disposal of the freehold interest on terms to be agreed of the house and grounds set
out in Appendix 1.
B. Moseley Road Community Centre (Friends
Institute), 220 Moseley Road
i) notes the report approved at Committee on 3rd
July 2013 and the continuing desire to release the premises in the open market
for community purposes or, if needs be, other uses and that this will ultimately require powers to enable the disposal of the premises by sale or by
the grant of a formal lease or leases, but for which no existing power exists.
ii) confirms that Expressions of Interest from the
third sector with a view to transferring management or ownership of the
building be sought in line with the
terms approved by Committee on 3rd July 2013
iii) authorises that separately applications be made to
the Charity Commission to obtain a further revision to the existing Scheme for
the better management of the trust assets including powers of disposal, winding up the Charity if appropriate and/or seeking to widen the charitable activities
at the premises
iv) authorises,
if necessary, the making of applications including a Deed of Release from the
giftor’s family seeking to remove or amend the restrictive covenants limiting the
use of the premises that might hinder disposal or future use
v) authorises the disposal of the premises by way of a
sale or by a lease, for up to 35 years from an early date to be agreed, to an
appropriate organisation or persons to be determined via the proposed marketing and selection
procedures
C. Elford Estate – disposal of land
adjoining Paget House
i) notes
that land identified on the plan in Appendix 1 is land not
accessible to the general public and provides no community function for the Elford trust nor
provides any opportunity for further development
ii) approves
the proposal to negotiate a disposal of the freehold interest on terms to be agreed of portions of this land to
the owner of the adjoining Paget House.
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.”