ACKLAM BASE HUSTLER TRUST LAND EXCHANGE

EXECUTIVE MEMBER FOR RESOURCES: COUNCILLOR N WALKER

DIRECTOR OF RESOURCES: PAUL SLOCOMBE

BSF PROJECT DIRECTOR: KAREN ROBINSON

DATE : 25TH FEBRUARY 2008

PURPOSE OF THE REPORT:

  1. To seek agreement to the exchange of land between the Hustler Trust and the Council at Acklam Base (currently King’s Manor and Hall Garth Schools) in connection with the Building Schools for the Future (BSF) programme.

BACKGROUND AND EXTERNAL CONSULTATION:

  1. Within the BSF Project a new school will be constructed on the Acklam Base site, with the existing schools being demolished once the new school is completed.
  1. The proposed location of the new school is on the all weather pitch currently owned by the Hustler Trust (the Trust). As a result the Council is seeking to exchange land to the south of the site currently used by the schools with the Trust.
  1. The Hustler Trust owns some 13.45 ha (33.2 acres) of land used as playing fields adjoining Hall Garth and King’s Manor schools.
  1. It is proposed to exchange land between the Council and the Hustler Trust in order that the preferred design for the BSF scheme at Acklam Base may proceed.
  1. The new buildings for the BSF school will be located on land currently part of the playing fields owned by the Trust and shown edged blue on plan ref VAL5081, area 3.4 acres (1.4ha).
  1. The site contains an all weather pitch installed in 1995 by the Trust and rejuvenated in 2001 with a projected life of 10 years. Financial arrangements are in place to replace the pitch in 2011.
  1. The Hustler Trust is a Registered Charity established in 1929 with its main objective being to provide playing fields and recreation grounds for the juvenile population of Middlesbrough. The Council is Trustee of the site.
  1. The amount and location of the Trust’s retained land at Acklam Base is still large enough to maintain the Trust’s original purpose of providing an adequate amount of playing fields and recreational grounds.
  1. An application is to be made by the Trust to the Charity Commission for consent to the exchange of the land.
  1. The BSF project at Acklam Base involves a reconfiguration of the site and releases land that can be transferred to the Trust as shown edged red on plan VAL5081, area 11.1 acres (4.5 ha). The land is currently part of the existing school playing field. The Department for Children, Schools and Families (DCSF) have been consulted about the proposals, and confirmed that the Council is able to grant itself general consent to the exchange, as the land is being transferred to an organisation whose express intentions are to maintain them as playing fields.
  1. The land required by Middlesbrough Council from the Trust is crucial for the proposed development of the BSF school at Acklam Base.
  1. The Trust are prepared to agree to the exchange with the Council subject to the following conditions:

a)Ownership of the two sites be exchanged without financial adjustment.

b)The Council to construct a replacement all weather pitch for the Trust to a similar specification as existing or as deemed appropriate.

c)There will no claim for betterment by the Council as purchaser once the new pitch has been provided nor a claim by the Trust for loss of income.

d)The remainder of the Trust’s land including the Sports Pavilion has continued access during the school’s construction to ensure the continued use of the Trust’s assets.

e)The Trust will continue to use and maintain the land edged blue on plan VAL5081 including the existing all weather pitch until July 2009 (the expected date of commencement of works on the site).

f)The Council will continue to use and maintain the land edged red on plan VAL5081 until the completion of works (expected summer 2011).

g)The Council meets all the Hustler Trust’s reasonable costs associated with the exchange transaction.

OPTION APPRAISAL/RISK ASSESSMENT:

  1. The terms of the proposed exchange have been discussed with the representatives of the Trust.
  1. A Risk Assessment is not considered necessary.

FINANCIAL IMPLICATIONS

  1. The proposed exchange of land on the terms set out above will require no financial adjustment. Funding for the new all weather pitch is available as part of the BSF monies secured by the Council.
  1. The valuation and estates section have estimated the land values at the respective sites as follows;
  • Council owned site (4.5 ha) £165,000
  • Hustler Trust owned site (1.4ha) £100,000

There is an estimated variance of £65,000.

  1. Responsibility for maintenance costs for the playing fields edged red will be transferred to the Trust on completion of the works on the site. This equates to approximately £9,000 per year if grassed land, this cost increases if playing pitches are to be maintained on the land.
  1. Valuers have advised that the purchase and disposal of the subject sites on the terms set out in paragraph 13 above can be considered acceptable as an equality of exchange, hence can be regarded as best consideration.

LEGAL IMPLICATIONS

  1. The Council is Trustee of the Hustler Trust. The Trust is represented by external advisors in this transaction.
  1. Temporary agreements are to be drawn up to enable each party to continue in occupation after completion of the transfer of legal title and to retain responsibility for their respective sites until the land is required for the BSF works (as outlined in paragraph 13).

WARD IMPLICATIONS

  1. Save for the redevelopment for approved purposes of the site, there are none.
  1. The two sites are within the Acklam Ward; the Ward Members, and both schools (King’s Manor and Hall Garth) have been advised by letter of the proposed land exchange.

RECOMMENDATIONS:

  1. That the proposed land exchange be approved on terms reported above.
  1. The Council’s Head of Legal Services to be instructed to progress the necessary documentation to completion.

REASONS:

  1. In order to secure the earliest possible progress with the BSF project at Acklam Base school.

BACKGROUND PAPERS:

  1. None.

AUTHOR:Katherine Edge / Ann Hooper

TELEPHONE No. 729604 / 727453

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