For the information of the members of the Real Friends of the Rec a summary of B&NES Council's proposals for Firs Field is reproduced below. This is being used as part of the consultation with Combe Down residents. This does show you how things are progressing. Questions and Answers on these proposals prepared by the Council may found here.

Firs Field Proposal.

Background

This note is being sent to all Combe Down residents as a result of the meeting held for residents at the Sulis Club on Friday, 26^th June.

The Friends of Firs Field requested Village Green status for Firs Field in February 2009. The Council has advised that the land does not qualify for Village Green status. The principles that support this decision are agreed with the Friends of Firs Field.

However, the Council would like to respond to the Friends of Firs Field's proposal for long term protection of the open space in a positive way that offers a similar level of safeguard alongside resolution of the Recreation Ground issues relating to the Leisure Centre and Bath Rugby.

There is no benefit to the Council in offering this solution unless it resolves the issues on the Recreation Ground.

Land Holding

Three parcels of land make up the Firs Field open space. Two of them are under the control of the Council. These make up the major part of the holding.

These are identified on the map, coloured in blue and pink. All of the issues of historic ownerships, covenants & successors in title have been taken account of in the opinions of Counsel sought and obtained by the Council.

1. The blue land is held corporately by the Council and Counsel advice is that this land is not subject to any further ownership constraints.

2. The pink land is held by the Council on Trust. The Trust document specifies the way in which the land can be used and by whom.

The proposal is to agree a long term lease (expected to be 125 years in the first instance), or possibly a freehold transfer, of the blue parcel of land with the Recreation Ground Trust (which will be appropriately reconstituted and renamed, subject to Charity Commission agreement, to reflect its wider charitable responsibilities).

New charitable structures presently being considered by the Charity Commission may also allow the transfer of the pink land to the ‘Recreation Ground' Trust at the same time as ensuring the terms of the original deed of Trust are complied with.

Three other pieces of land around Bath have similar characteristics to Firs Field and may, in due course, and subject to Charity Commission agreement be considered for transfer into the restructured and renamed Recreation Ground Trust.

Recreation Ground Trust.

The present objectives of the Recreation Ground Trust can be summarised as:

• Use in connection with games and sports of all kinds tournaments, fetes, shows, exhibitions, displays, amusements, entertainments or other activities of a like character
• As an open space, managed to allow for use in connection with the carrying on of (informal) games and sports of all kinds without showing any undue preference.

In the event that the Recreation Ground Trust have a 125 year lease on the land to be transferred the freehold ownership of the asset will stay with the Council. The maintenance and repair responsibilities will be discharged through the Trust. In the event of any failure of the Trust (which is not anticipated or expected), the land would revert to the Council who would continue ownership but in a Trustee capacity. If the land is transferred on a freehold basis (subject to Charity Commission agreement) then appropriate arrangements will be put in place to give similar protections to those envisaged under a lease.

Representation & Consultation

The Council will have to review the composition of the Trust Board and, subject to Charity Commission approval, intends to appoint:

• a Trustee representing the community of Combe Down
• a consultative group, made up of local residents, in order to advise the Trustees on appropriate usage and other issues (including repairs / maintenance programmes and planting schemes) relating to Firs Field.

Future Funding

Co-incidentally the Council will negotiate a 125 year lease (or possibly a freehold transfer) on that portion of the Recreation Ground presently occupied by Bath Leisure Centre and the Bath Rugby Club stadium. This will enable the Council to progress a scheme for the long term tenancy of the present site by Bath Leisure Centre & Bath Rugby Club and enable major capital funding to be gathered around a scheme for the creation of any new stadium.

This proposal is in line with the outcome of the surveys of residents in Bath (who are the beneficiaries of the Trust and include Combe Down residents), concerned with the future of the Recreation Ground. However, the proposal will also create a significant, long term, funding stream for the Recreation Ground Trust. This funding stream can be used to support the costs of operating the remaining area of the Recreation Ground and Firs Field. The Council, as part of the arrangements related to Firs Field, will also commit £20,000 per annum to the Trust (and increase this in line with inflation) to ensure and require that the ongoing maintenance of Firs Field is of appropriate standards.

Timing

There are a number of stages to go through in order to secure agreement to this proposal.

• The Council would wish to ensure it listens to the views of the residents of Combe Down.
• The full Council may wish to express a view.
• Any proposal will be made, in due course, to the Charity Commission who will wish (as part of their formal processes) to advertise the proposal in order to seek views themselves.
• In accordance with the local Government Act 1972 and otherwise the Council will advertise its intention with regard to Firs Field and consider any further issues that arise.
• A final decision will be made.

To complete all of these stages could take 6 to 12 months.

Summary

The Council is able, if it wishes, to transfer the blue area of Firs Field into the Recreation Ground Trust and also the pink area but subject to Charity Commission agreement. The proposals will ensure long term protection for Firs Field as Open Space under the Charity Commission regulation of charities - which has progressively been improved by 1993, 2006 & 2007 statutory measures. The arrangements proposed will give a greater level of protection than those afforded under local plan and other arrangements which are subject to change by the Council and otherwise.

It is intended that the local community will have representation on the main charity Board and that a local management committee will be established that will be able to make direct recommendations to the Trust Board through their Board Member and otherwise.

The proposal goes further than the original request for Village Green status proposals as it guarantees that the Council will pay into the Trust £20,000 per annum (indexed to inflation) for maintenance. In addition the Recreation Ground Trust will also benefit from a significant annual income resulting from the arrangements related to the Recreation Ground. The Trustees will be able to make use of these resources in line with the Trust objectives, to maintain and improve all the assets of the Trust.

This document is prepared by Bath and North East Somerset Council, Guildhall, Bath, and is distributed from the 24^th July 2009.

The Council welcomes any comments upon this proposal. Please write to:

David Lawrence, Divisional Director Tourism, Leisure and Culture, Abbey Chambers, Abbey Church Yard, Bath, BA1 1LY.

Or use our e-mail address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Questions and Answers on these proposals prepared by the Council may found here.