Agenda item

Report attached.

The Portfolio Holder for Education, Leisure and Arts (Councillor Ken Moss) submitted a report seeking approval to lease an area of Milnshaw Park, Accrington to Hyndburn Green Spaces Forum for the installation of a new play area for local children.  A Location Plan and a Customer First Analysis were appended to the report.  Approval of the report was not deemed a key decision.

Reasons for Decision

(1)        The play equipment at the Park was over 20 years old and only one piece of useable equipment remained, the rest having been removed due to being beyond economical repair.  There was a desire to refurbish the play area and provide play equipment of a modern day standard and a number of funding streams had become available that could be used to co-fund the refurbishment project.

(2)        Funding had been secured in part through Section 106 funding and Church and Milnshaw Area Council.  The remaining funding was to come from Biffa Award, the Landfill Tax funding element of their business.  The Hyndburn Green Spaces Forum had submitted an application to Biffa Award for £50,000 which was now through to Stage 2 of the application process.  A condition of the Biffa Award funding was that the applicant (should it not be the landowner) should have at least a 10 year lease of the area of land in question.  Although detailed lease terms had yet to be agreed, it was proposed that the Council grant the Forum a 10 year lease of the land shown edged black on the plan at a peppercorn rent for use as a children’s play area.  The intention was that the Council would continue to maintain, repair and insure the play area under the terms of the lease. 

(3)        The proposed lease comprised land that was currently public open space and Section 123 of the Local Government Act 1972 required the Council to advertise its intention to dispose of public space and to consider any representations received before making a final decision.  Public notice had been given, but the final date for receipt of comments and objections had not yet passed.

(4)        Once constructed the play area would have free and open public access in exactly the same way as any other park play area, the lease would place no restriction on public use.

Alternative Options Considered and Reasons for Rejection

The Council could refuse to lease the land to the Hyndburn Green Spaces Forum but this was not recommended because the external funding body contributing to the refurbishment of the play area would withdraw funding which would prevent the project from happening.

Resolved                           (1)   That the lease of an area of Milnshaw Park (shown edged black on the Plan attached to the report) to Hyndburn Green Spaces Forum for the purpose of installing a new play area for local children be agreed, subject to:-

                                                   (i)      Biffa Grant Funding being awarded to the Forum;  and,

                                                   (ii)     No objections being received to the proposed disposal of public open space.

                                (2)   That a further report be presented to Cabinet to consider whether to proceed with the proposed lease if objections were received in connection with the proposed disposal of public open space;  and,

                                (3)   That subject to Resolution (1) above, authority be delegated to the Acting Head of Community Services, following consultation with the Portfolio Holder for Education, Leisure and Arts, to agree the detailed terms of the lease.