Agenda, decisions and minutes

There were no apologies for absence.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

There were no declarations of interest.

In accordance with Procedure Rules Nos.11 and 35 a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the body in question.  Individual members of the public may speak for up to 5 minutes but the Chairman or person presiding will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers. Members of the public are not required to give notice to use this facility. However, as a matter of courtesy, a period of 24 hours’ notice is encouraged.

Members of the public wishing to ask a question at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

No members of the public were present.

To consider the transfer of these playing fields to Audlem Parish Council.

1.    That approval be given to the transfer of Cheshire Street Playing Fields, Audlem, shown edged red on the plan attached to the report, by way of a lease of up to 99 years for a peppercorn rent to Audlem Parish Council on terms and conditions to be determined by the Assets Manager in consultation with the Director of Legal Services.

2.    That approval be given for the Council to enter into a deed of dedication with Audlem Parish Council and Fields in Trust on terms and conditions to be determined by the Assets Manager in consultation with the Director of Legal Services.

3.    That Cheshire Street Playing Fields, Audlem, shown edged red on the plan attached to the report, ‘the Land’, be advertised as a disposal of public open space.

4.    That the Portfolio Holder for Regeneration be given delegated authority to determine whether to transfer the Land by way of a  lease of up to 99 years to Audlem Parish Council following the statutory process and due consideration of the responses to the open space advertisements.

5.    The any leasehold transfer of the Land and deed of dedication shall be on the terms stated in the Report, or such other terms as the Portfolio Holder for Regeneration shall determine in consultation with the Assets Manager and the Director of Legal Services.

6.    That the Director of Legal Services be authorised to approve all legal documentation and proceed to practical completion of the lease, deed of dedication and any other legal documentation required ancillary to the lease and deed of dedication.

It was reported that Audlem Parish Council had approached the Council to transfer the Cheshire Street Playing Fields, Audlem to it by way of a 99 year lease, for a peppercorn rent, as part of the Local Service Delivery Transfer and Devolution to Town and Parish Councils process.  The land was owned freehold by Cheshire East Borough Council and fell within the Green Spaces/Public Open Space Portfolio.  The extent of the land to be leased by Audlem Parish Council was shown outlined in red on the plan attached to the report.

The client service confirmed that although the land was not surplus to operational requirements the proposed would be beneficial as it would provide enhanced football, leisure and recreational opportunities for Audlem and the local community; it therefore supported the lease proposal and deed of dedication.

Audlem Parish Council had confirmed it had no intention of the land being used for any other purpose than for the proposed use.  The intention was that it will be protected for this use within the lease, and that a further protection would be put in place by entering into a deed of dedication with The National Playing Fields Association operating as Fields in Trust to restrict the use of the playing field as a public playing field and recreation ground only.

RESOLVED

1.    That approval be given to the transfer of Cheshire Street Playing Fields, Audlem, shown edged red on the plan attached to the report, by way of a lease of up to 99 years for a peppercorn rent to Audlem Parish Council on terms and conditions to be determined by the Assets Manager in consultation with the Director of Legal Services.

2.    That approval be given for the Council to enter into a deed of dedicationwith Audlem Parish Council and Fields in Trust on terms and conditions to be determined by the Assets Manager in consultation with the Director of Legal Services.

3.    That Cheshire Street Playing Fields, Audlem, shown edged red on the plan attached to the report, ‘the Land’, be advertised as a disposal of public open space.

4.    That the Portfolio Holder for Regeneration be given delegated authority to determine whether to transfer the Land by way of a  lease of up to 99 years to Audlem Parish Council following the statutory process and due consideration of the responses to the open space advertisements.

5.    The any leasehold transfer of the Land and deed of dedication shall be on the terms stated in the Report, or such other terms as the Portfolio Holder for Regeneration shall determine in consultation with the Assets Manager and the Director of Legal Services.

6.    That the Director of Legal Services be authorised to approve all legal documentation and proceed to practical completion of the lease, deed of dedication and any other legal documentation required ancillary to the lease and deed of dedication.