TRUST COMMITTEE
MINUTES of a meeting held on 21st
January, 2008.
Present: Councillor F.T. Johnson
(Chairman); Councillor A.G. Powell (Vice-Chairman); Councillors J.
Clifford, Miss J. Cole, Mrs. S.I. Sharpe and
E.T. Williams.
716 APOLOGY FOR
ABSENCE -
This was received from Councillor S.T.
Wiliam.
717 MINUTES -
RESOLVED - T H A T the minutes of the meeting
held on 7th December, 2007 be approved, subject to it
being noted that in the matter of Cowbridge Lower School Site:
Trust Land, the Cabinet had not been requested to make further
representation to the Charity Commission as this was a matter for
the Trust Committee to pursue. The Cabinet had only been
requested to approve the funding of such representation from the
Education Service budget.
718 COWBRIDGE LOWER
SCHOOL SITE: TRUST LAND (DLD) -
Ms. Giselle Davies, Independent Solicitor for
the Trust Committee was in attendance for this item.
The Charity Commission had previously
indicated that proceeds from the disposal of the Lower School site
could not be used to support the redevelopment of Cowbridge
Comprehensive School at the Aberthin Road site. Counsel’s
Opinion highlighted previous possible precedents and alternative
proposals that could make further representations to the Charity
Commission worthwhile.
One proposal investigated by Giselle Davies at
a previous meeting, notwithstanding valuation issues, was whether
it would be possible to obtain Charity Commission consent for an
exchange of the Lower School site for the Upper School site in
order that the Local Authority could sell the vacant site and use
the proceeds to provide new or enhanced buildings on the Upper
School site by that exchange now owned by the Trust. The
initial view of the Charity Commission was that it might be
possible but only if the Trust would receive best value for the
disposal by way of exchange. Evidence would be needed as to
the value of the Upper School site and buildings offered by way of
exchange and then compared against valuation advice received by the
Trust in relation to the Lower School site.
The Charity Commission would have to be
convinced that the disposal of the Lower School site was in the
best interests of the Trust (and its beneficial charitable
purposes). This would only seem possible if the exchange of
sites was offered after some redevelopment of the Upper School
site. Such redevelopment would be required to enhance the
value of the Upper School site so as to achieve an equalisation of
value with the Lower School site, ie. It would be necessary to
ensure that the extent of improvements to the Upper School site
resulted in a value commensurate with the market value of the Lower
School site. Alternatively, it might be possible to achieve
the exchange on the basis of the Council contracting with the Trust
to carry out the proposed improvements, to add value to the Upper
School site, at the expense of the Council. A challenge to
the Charity Commission on this basis would be supported by the
Council’s clear commitment to the development of Cowbridge School
by the recent appointment of external design consultants.
On 9th January 2008, the Cabinet
had approved funding from the Education Service budget to support
further representation to the Charity Commission for approval to
use proceeds from the disposal of the Lower School site to support
redevelopment at Cowbridge Comprehensive School at the Aberthin
Road site. The Trust Committee indicated that with the
financial support now in place they wished Giselle Davies to obtain
further Counsel Opinion.
RESOLVED - T H A T Giselle Davies be
authorised to discuss proposals with Counsel, within the fees
guideline set, with a view to her negotiating a way forward with
the Charity Commission to enable proceeds from the disposal of the
Lower School site to be used to support the redevelopment of
Cowbridge Comprehensive School at the Aberthin Road site and report
back to the Trust Committee in due course.