Agenda and draft minutes
Venue: Council Chamber, County Hall, Ruthin
Contact: Committee Administrator 01824 706204 Email: dcc_admin@denbighshire.gov.uk
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APOLOGIES Minutes: No apologies received. |
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APPOINTMENT OF CHAIR To appoint a Chair for the meeting. Minutes: Councillor Hugh Evans was nominated and seconded to preside
as Chair at the meeting. RESOLVED that Councillor Hugh Evans be appointed Chair for the meeting. |
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DECLARATIONS OF INTEREST Trustees to declare any personal or prejudicial interest in any business identified to be considered at this meeting. Minutes: No Members declared any personal or
prejudicial interests in any business identified to be considered at the
meeting. |
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RHYL HIGH SCHOOL - TRANSFER OF CHARITABLE TRUST STATUS OF LAND To consider a confidential report to the Trustees of Flintshire Further Education Trust Fund (copy attached) updating Trustees on the proposals for the redevelopment of Rhyl High School and the implications for the Trust land. Minutes: A confidential report by Valuations and Estates,
Property Services had been circulated with the papers for the meeting. The report advised on the proposals for the redevelopment of
Rhyl High School and the implications for the Trust
land. It sought Trustee approval to the
exchange of land so that the Charitable Status transferred from one site to
another, both within the School boundary, in order to facilitate the construction
of the new school. The Rhyl High School site
comprised of approximately 19.3 acres (7.81 Ha) and had been outlined in red
for indicative purposes on the attached plan, Appendix 1. The land shaded in blue (9.7 acres (3.93 Ha))
was subject to an historic charitable trust and was held by Denbighshire County
Council as Trustee on behalf of the Flintshire Further Education Trust
Fund. The land had originally been
acquired under 2 separate parcels, the first being conveyed in 1889 comprising
of approximately 4.5 acres, the second comprising of 5.2 acres, being conveyed
in 1929 (totalling 9.7 acres). The Leisure Centre was run by Denbighshire’s Leisure
Services. Rhyl
School together with other schools had use of this facility during school hours
and was subject to a Service Level Agreement (SLA) between the Leisure
Department and Lifelong Learning, outside school hours the facility was used by
the wider community. The Charity
Commission appeared to be satisfied with regard to the presence of the Leisure
Centre on the Charity’s land. The land shaded in green, approximately 9.96 acres (4.03
Ha), was within Denbighshire’s freehold title.
There were no restrictions on the registered title which would affect
the use of the site for the construction and operation of a new school. The proposal to redevelop the Rhyl
High School site involved the reconfiguration of the whole site. The existing layout of the site would be
flipped while the Leisure Centre would remain in situ, but the Youth Centre
would be demolished. The proposals would
affect the charitable land as the land presently held under charitable status
would no longer be the site of the main Educational function of the school and
would form part of the site predominately used for recreational uses. The proposal was to transfer the Charitable
Status of the land to the site of the new School buildings on the Green land. The Blue and Green sites were similar in size, planning
designation, use, location, topography, value etc. The Green land had been considered to be a
suitable alterative site as a recipient of the charitable status of the blue
land, subject to Trustee approval.
Cabinet had approved a business
case for the redevelopment of Rhyl New School and a
planning application had been approved. Appendix 2 to the report indicated the
layout of the new development relative to the existing site and infrastructure. The District Valuer had undertaken a valuation of both the Blue and Green shaded land to determine whether the charity’s interests would be preserved if the transfer of the charitable status was to take place, and to provide assurances to the Trustees and the Charity Commission that the replacement land formed a suitable recipient of charitable status. The valuation had been of market value, in accordance with the RICS appraisal and valuation Manual Practice Statement 3.2 and guidance note UKGN4, and having regard to the Charities (Qualified Surveyors Report) Regulations 1992. The District Valuer’s report, Appendix 3, concluded that the transfer of the charitable status from one site to another was financially viable and the replacement land was suitable replacement as recipient of the charitable status. The Charity Commission had indicated it was satisfied with ... view the full minutes text for item 4. |