Full text:
The Trustees are unclear what criteria, policy or process determines the allocation of properties as a Protected Urban Open Space (PUOS) and what considerations are given before such an allocation is implemented. Brentwood Borough Council's Planning Department seem unable to answer, although the question was asked over three years ago.
The PLC Ltd Final Report 'Sport, Leisure and Open Space Assessment 2016' incorrectly describes Kelvedon Hatch Village Hall Charitable Trust's property as having a primary purpose as a football pitch, mini football pitch and playground. The Town and Country Planning (Use Classes) Order 1987 lists the property as D1 with Use Classes 3 (2) 'References in paragraph (1) to a building include references to land occupied with the building and used for the same purposes' applying. The property is classed as a Hall.
The property is in Trust for the charitable benefit of the community/beneficiaries to provide and maintain a Village Hall, the Trust Deed, which is attached, confirms this, as does the Charity Commission website. The land was purchased in 1951 by the then Village Hall Management Committee with no input, monitory or otherwise, from the Local Authority, it is therefore private property and as the Trust Deed does not require public open access this cannot be granted. It has also been confirmed by the Charity Commission to the LA that as the property is a Village Hall the Trustees have no power to provide, expend funds or forego income by providing facilities as described in the PLC Ltd report nor is the property a playing field*.
It is understood that some private property, usually institutional (private and public), is allocated as PUOS it is assumed to protect playing fields, but there appears to be nothing comparable to the Charitable Trust's property.
The Trustees do appreciate that implementing the NPPF has put a lot of pressure on BBC and that it's priority is to provide Housing, Open Space, Sport and Recreational Facilities. However, the Trustees have a duty to protect the Trust's charitable assets and ensure they are not used for non-charitable purposes or purposes that do not comply with the Trust Deed. The Trustees also have a duty to defend the legal rights of the community to determine how to use the assets, within the terms of the Trust Deed, to best maintain and provide the Village Hall. It may appear that these are not planning matters, but if planning allocations are retrospectively placed on the community's property that restrict, conflict or deny the community's legal right to decide how best to fund the Village Hall, without the community's consent, the Trustees are under an obligation to challenge or at least have an explanation to take to the community.
Years of experience has shown that some Kelvedon Hatch Parish Council administrations and nearly all Borough Council administrations have no idea of the ownership or purpose of the property both claiming or assuming ownership at various times so perhaps the designation of a PUOS is a error. It is noted that land acquired by BBC as a planning 'contribution' is allocated as a PUOS and is adjacent to the Trust's property. On the map attached it can be seen the allocation identification makes BBC's property and the Trust's propriety appear as one.
It would seem that misapprehensions and assumptions have been made about the purpose of the property because of the way the community in conjunction with the Trustees have chosen to provide and maintain the Village Hall building so it can fulfil its charitable objects. These choices cannot be taken as evidence that the community or charity have taken responsibility for delivering or funding local authority policies or responsibilities, even those that are discretionary, or that the property is a Playing or Sports Field.
PLC's report concludes that the need for football pitches has declined and there is likely to be oversupply and that there are two underused, i.e. not used, pitches on public land in neighbouring villages. The report also states that of the Parishes only one Parish Council had requests for further open space and that was not Kelvedon Hatch, therefore, any secondary purpose is not required and this is borne out by the survey. In addition Councillors of the previous administration vehemently asserted that BBC had enough capacity to deliver its policies and responsibilities without the use of the Charitable Trust's property. It would seem, therefore, that the allocation of the Trust's property as a PUOS is not needed and should be removed, allowing the community's legal rights to be reinstated. Of course, if the Local Authority decides at a future date that there is an unmet need the Trustees would be willing to negotiate an agreement that meets the needs of the Authority and guarantees that the legal rights of the community are retained.
In the early 1920's, with the then Village Hall in a parlous condition the community asked the then Parish Council to acquire land as a playing field and as a site for a Village Hall. The Parish Council contacted the Charity Commission to ask if the 'Poors Field' could be given to the Parish Council free of charge for this purpose, the Charity Commission replied that the PC could buy or rent the land, but that it could not be given to the PC free of charge. The PC did not buy or rent the land. The Village Hall Management Committee saved the money and bought the Poors Field, unfortunately, the Parish Council presumed the Village Hall Management Committee had bought the land as a playing field on which to put a village hall. As can be seen from the Trust Deed the Village Hall Management Committee bought the land for the purpose of a Village Hall. *The land has never been a playing field, before purchase for the purpose of a Village Hall the land had been a 5-acre agricultural field for many years.
NB: All inhabitants of Kelvedon Hatch are beneficiaries, they do not register or pay membership fees, they just move into the Village and , if over the age of 18, all, legally, have voting rights. Before any loss of control of the property, including sale or lease, the Community must hold a referendum, if the outcome is an agreement to loose control of all or part of the property this must be ratified by the Charity Commission.
The Valuation Office has been contacted to correct the description it holds.
Although a copy of the Trust Deed is attached, for convenience a synopsis follows:
The Trust Deed dated 1/3/1962 is supplementary to a Conveyance dated18/9/1951. The property (known as the Poors Field) conveyed was purchased with monies that were the property of Kelvedon Hatch Village Hall.
The property is held upon Trust for the purpose of a VILLAGE HALL for use for meetings lectures and classes and for other forms of recreation and leisure time occupation with the object of improving the conditions of life for the inhabitants of Kelvedon Hatch (the beneficiaries/community).
Income shall be applied in the maintenance upkeep and insurance of the said property and other expenses in connection therewith and its use for the purpose specified in this Deed and in otherwise furthering the purposes specified in this deed. The Trust Deed specifies exactly how the property is to be administered and how the beneficiaries elect Trustees and which village organisations can nominate Trustees.
Please record the Kelvedon Hatch Village Hall Charitable Trust's property accurately
Please remove the allocation as a Protected Urban Open Space from Kelvedon Hatch Village Hall Charitable Trust's property so as to reinstate the legal rights of determination to the Trustees and community/beneficiaries.
Allocate the property as PC14, as this better describes the property, however, it must be understood by Councillors and Officers that there is a legal structure already in place that regulates what, how and to whom the Charitable Trust delivers services.
If this is not possible to remove the PUOS and replace it with PC14 please could all the reasons be fully itemised, i.e. how the community benefits from loss of their legal rights to determine how best to provide and maintain their village hall etc. so the community is clear about the reasons. Please also state why PC14 does not apply to Kelvedon Hatch's Community Asset.
If the reason to retain the Protected Urban Open Space is to protect the property for the community/beneficiaries please could it be explain why it is not thought that the Charity Commission and ultimately the High Court do not provide the protection it felt is needed and how this 'extra' protection can be justified against the loss of the community's legal rights.
The Localism Act 2011 endorses community empowerment, the PUOS diminishes our community's legal rights rather than enhance them. There has obviously been confusion with regard to use and purpose of the property that has resulted in Use Class (D2) being erroneously recorded.
