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I have raised several issues over the past few months. Our local parish council has finally been advised not to have a regular payment of 20k index linked to a charity that they are thinking of giving a sub lease to maintain the village green. They are thinking to put in the heads of terms that they will get a grant from the PC annually, maybe minimum £10k, max £20k. They would ask every year and would be looking towards the top figure. However we are a small parish with only circa 900 electors so are limited re grants under section 137. The PC do not have general powers of competence and the clerk has only just started her CILCA. Is there any other mechanism for a PC to legally give money like this away and call it a grant? With general powers of competence I could see it happening but not at the moment unless there is something I don't understand. I am asking from a group of concerned residents.
by (440 points)

3 Answers

0 votes
Is this an existing charity and, if so, what else does it do? Why is the council seeking to hand over responsibility to the charity? Why does it cost so much to look after the village green? Is the intention that the council will simply reimburse the actual cost of maintaining the green or is there a potential here for the charity to make a profit, and if so, what will the charity use the money for? This seems unnecessarily complicated at first sight.

If the council is engaging the charity as a contractor to provide a service, it isn't a grant, however the council would then be required to follow the tendering processes in its financial regulations to ensure best value.
by (57.9k points)
Have sent you a message with more details. There are historical reasons for this. The question that needs answering is if the charity asks for a grant each year showing what they have spent money on or what they are going to spend money on, is there any way that a council can exceed the limit in S137 without having general powers of competence.
There is a power under Section 19 of the Local Government (Miscellaneous Provisions) Act 1976 to provide outdoor sports pitches or to contribute to the costs incurred by any voluntary organisation providing such facilities.

Many Councils at all levels have externalised the provision of recreational facilities through one of several mechanisms, but this is always done to reduce expenditure and spread the financial risk attached to these facilities. The idea of handing over control with a guaranteed subsidy of up to 100% from the public purse makes no sense whatsoever. How realistic is the development plan for the facilities? I've had several football clubs promise me state-of-the-art changing facilities on my sports grounds in return for long leases, but when I talk to the funders, there is no chance whatsoever of securing the necessary finance. Ironically, the Parish Council would be more likely to secure funding, as it's an established body with the requisite knowledge, policies and procedures.

This has the hallmarks of a takeover bid, with the Council losing control of one of its most significant assets. Does the draft lease include a detailed maintenance specification with break clauses for non-compliance? Who will make the decisions regarding the future of the site? Does the Council retain control?
Have sent you a message
0 votes
Looking from a distance I can only think this is, or will be, a car crash.  It is the perfect recipe for immediate and continuing confusion, disharmony, and disagreement.

It would be far simpler if the parish council engaged a contractor to maintain the village green.

I meant to add that I do not think the parish council has the legal ability to lease a Village Green to anyone!
by (11.8k points)
edited by
0 votes
£10k - £20k pa to maintain a village green - that’s hilarious!

I’ll do it for a guaranteed £12.5k pa wherever it is…
by (25.1k points)

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