Report Resources Committee 23 April 2009 LEASE OF ST MARY’S PLAYING FIELDS, GILLBRAE ROAD, DUMFRIES 1. Reason for Report Approval is sought to grant a lease of St Mary’s Playing Fields, Gillbrae Road, Dumfries to Heston Rovers Youth Football Club. 2. Glossary Service Level Agreement SLA 3. Recommendations Members are asked to: 3.1 agree to grant a lease to Heston Rovers Youth Football Club for a period of 50 years at a rent of €14,600 per annum to be reviewed every five years; agree a Service Level Agreement be entered into with Heston Rovers Youth 3.2 Football Club allowing the Council and St Josephs College the use of St Mary’s Playing Fields and associated facilities for a sum equal to the rent; and 3.3 all other terms and conditions including arrangements for wider community use to be agreed by the Service Director Support Services. 4. 4.1 Plan Links and Contribution The recommendation in this Report contributes to Corporate Plan values of: - . . Local decision making and service delivery - to make decisions and deliver services at a local level whenever appropriate Partnership working and exploring different ways of delivering services with public, Third Sector (voluntary bodies) and private sectors The key theme of “Healthier” - Promoting and expanding leisure and sport activity across the region. 4.2 The development of this lease and SLA also fits with the recommendations of the Council approved Sports Pitch Strategy 2006-201 1. 5. ResourcesNaIue for Money Assessment 5.1 The Estate Management Leader is of the opinion the rent of €14,600 per annum represents best consideration for this land. 5.2 Under the Council’s draft Asset Management Plan the Council must demonstrate a clear strategic operational interest in retaining this property. The lease and the Service Level Agreement, will ensure the continuing operation and secure the Council’s use of this sports facility, in a community where there is under provision of football pitches. 22 Report Resources Committee 23 April 2009 6. Risk Assessment If the Council does not grant a lease to Heston Rovers then they will not be able to obtain external funding to improve the condition of the football pitches which have become water logged due to the poor drainage. 7. Authorities and Legal Implications 7.1 Section 74 of the Local Government (Scotland) Act 1973 requires all Councils to obtain “best consideration” in the disposal of any property, either by open market disposal or negotiated sale. 7.2 where: Disposal by lease is delegated to the Service Director Support Services . the property is specifically held for leasing the leasing of other properties requires Members’ approval 8. Consultations The Operations Manager Leisure & Sport, Group Manager Local Services Nithsdale, Operations Manager Legal Services, Operations Manager Accountancy, Service Director School Services and Area Manager Nithsdale have been consulted and are in agreement with the terms of the report. 9. Background 9.1 The Council own St Mary’s Playing Fields, Gillbrae Road, Dumfries (Appendix I). 9.2 The Playing Fields and St Joseph’s College were originally leased on a 99 year lease from the Marist Brothers. 9.3 The Council obtained ownership of these properties in 2008. It was agreed at the Asset Management Committee on the 15 August 2006 to lease an area of land for 25 years. This was to enable Heston Rovers to locate a portacabin for changing facilities. 9.3 9.4 Heston Rovers wish to take a lease of the playing pitches to enable them to secure external funding to improve the quality of the pitches, and provide permanent changing facilities. The grass cutting and current grounds maintenance regime in place will still continue to be provided to the same level and specification by Combined Services and be paid by the Council; however the club will have the autonomy to do additional grounds maintenance works over and above this in liaison with Combined Services. 9.5 The area of land to be leased extends to approximately 18.5acres. The Service Leader Estate Management has assessed the market rent for a lease of the relevant area of land at E14,600per annum. 9.6 St Joseph’s College requires to retain ownership and use of these playing fields to comply with statutory requirements. The school will have the right to use the playing field and associated facilities by agreement through the SLA. 9.7 Report Resources Committee 23 April 2009 9.8 To facilitate the school use Heston Rovers agreed to enter into a SLA with the Council whereby the Council and St Joseph’s College will have the right to use the facilities up to the value of the rental charged. In addition to this there will be potential for the wider community to use the pitches and changing facilities on site at a hireable cost, which is consistent with other Council SLA’s in place with local football clubs. 10. Key Issues 10.1 By having a SLA it will help protect school and community access to the playing fields. 10.2 Heston Rovers require a lease in place to allow them to obtain external funding. Andrew Maxwell Senior Technician Property Services George W West Estate Management Service Leader Property Services Gordon Lawson Service Director Support Services Community and Support Services Council Offices English Street Dumfries Date of Report: 15 April 2009 File Ref: M38lA AMISW Appendices -1 Background Papers Sub-Lease of Land at Maryfield, Dumfries - AMC 25/08/06 PROPERTY SERVICES Scale 1:3000 NX9875NE ‘(C) Crown copyright. All rights reserved Substitute your Council Name here NORTH April 2009
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