Demolition Stopped!
To our great surprise Midlothian Council officers recommended a pause in demolition for 6 months for community asset transfer to be considered, and for a formal process to be agreed. Midlothian Councillors unanimously agreed because their lawyers said Fields in Trust, the overseers of the land, would require this before they granted permission to demolish.
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"The future of the |
You can find the original document download (here)
Here are some key paragraphs in the report:
Need Permission of Fields in Trust:
"2.1.2 Any action whether disposal (including sale or lease) or demolition of
the former Bonnyrigg Leisure Centre building would require the consent
of the National Playing Fields Association or its successors, Fields in
Trust. This is in accordance with the terms of the George V Park Trust
agreement which covers the whole park and the buildings within it.
2.1.3 As part of that process formal consent will be sought from Fields in
Trust, in accordance with the restrictions within the title. These
restrictions include the provision that:-
- Any change of use to the building would also require the National
Playing Fields Association or its successor’s approval. It is
understood that this would include initial proposals to return the
space occupied by the Leisure Centre to use as parkland"
" 2.1.5 These restrictions are onerous to the extent that they require that the
Council engage with the National Playing Fields Association’s
successors the Fields in Trust with regard to any future decision in
respect of the building.
2.1.6 Fields in Trust have indicated that they consider that the community be
given the opportunity to develop and propose a combined community
use for the building."
Community Co-production Supported
2.1.7 Community consultation and positive engagement are key features of
the Council’s policies on Future Models of Service Delivery. This policy
and supporting policies focus on effective community engagement and
are supportive of Community Co-production and Capacity Building with
the aim of seeking to encourage and support communities to become
self reliant and resilient in the provision of services locally.
2.1.8 Through its Neighbourhood Planning process the Council and its
Community Planning Partners are effectively engaging with
communities to establish local priorities and provide a basis for
collective action planning. The Bonnyrigg Neighbourhood Plan process
is due to commence in August 2013.
Recommended to adopt a preventative approach
3.5 Adopting a Preventative Approach
Agreeing to delay a decision of the future of the building and
considering the transfer of the asset ownership can:-
Support Community Planning priorities and therefore assist local
communities to become more resilient;
Improve opportunities for investment into local communities and
community assets, through access to external funding not available
to local authorities;
Provide an opportunity for safeguarding local facilities and the
delivery of social economic and environmental benefits at a local
level.
Encouraging the engagement with parents/volunteers in the
community will help build and develop community resilience.
4 Summary
The Council has adopted a model which relies on community
engagement and co-operation, and seeks to develop resilience and
capacity in communities in order that the Council can focus its efforts
towards supporting those groups most in need. The future of the
Bonnyrigg Leisure Centre particularly if sustainably transferred into
community control has the potential to achieve these goals at a local
level to the mutual benefit of the community and the Council.
5 Recommendations
Council are asked to:
Note the legal title restrictions imposed by the Trust Agreement in
respect of the George V Park and the consequential impact this
has on future decisions with regard to the former Leisure Centre
Building.
7 August 2013
Report Contact:
John Blair, Director, Corporate Resources Tel No 0131 271 3102
[email protected]
Here are some key paragraphs in the report:
Need Permission of Fields in Trust:
"2.1.2 Any action whether disposal (including sale or lease) or demolition of
the former Bonnyrigg Leisure Centre building would require the consent
of the National Playing Fields Association or its successors, Fields in
Trust. This is in accordance with the terms of the George V Park Trust
agreement which covers the whole park and the buildings within it.
2.1.3 As part of that process formal consent will be sought from Fields in
Trust, in accordance with the restrictions within the title. These
restrictions include the provision that:-
- Any change of use to the building would also require the National
Playing Fields Association or its successor’s approval. It is
understood that this would include initial proposals to return the
space occupied by the Leisure Centre to use as parkland"
" 2.1.5 These restrictions are onerous to the extent that they require that the
Council engage with the National Playing Fields Association’s
successors the Fields in Trust with regard to any future decision in
respect of the building.
2.1.6 Fields in Trust have indicated that they consider that the community be
given the opportunity to develop and propose a combined community
use for the building."
Community Co-production Supported
2.1.7 Community consultation and positive engagement are key features of
the Council’s policies on Future Models of Service Delivery. This policy
and supporting policies focus on effective community engagement and
are supportive of Community Co-production and Capacity Building with
the aim of seeking to encourage and support communities to become
self reliant and resilient in the provision of services locally.
2.1.8 Through its Neighbourhood Planning process the Council and its
Community Planning Partners are effectively engaging with
communities to establish local priorities and provide a basis for
collective action planning. The Bonnyrigg Neighbourhood Plan process
is due to commence in August 2013.
Recommended to adopt a preventative approach
3.5 Adopting a Preventative Approach
Agreeing to delay a decision of the future of the building and
considering the transfer of the asset ownership can:-
Support Community Planning priorities and therefore assist local
communities to become more resilient;
Improve opportunities for investment into local communities and
community assets, through access to external funding not available
to local authorities;
Provide an opportunity for safeguarding local facilities and the
delivery of social economic and environmental benefits at a local
level.
Encouraging the engagement with parents/volunteers in the
community will help build and develop community resilience.
4 Summary
The Council has adopted a model which relies on community
engagement and co-operation, and seeks to develop resilience and
capacity in communities in order that the Council can focus its efforts
towards supporting those groups most in need. The future of the
Bonnyrigg Leisure Centre particularly if sustainably transferred into
community control has the potential to achieve these goals at a local
level to the mutual benefit of the community and the Council.
5 Recommendations
Council are asked to:
Note the legal title restrictions imposed by the Trust Agreement in
respect of the George V Park and the consequential impact this
has on future decisions with regard to the former Leisure Centre
Building.
7 August 2013
Report Contact:
John Blair, Director, Corporate Resources Tel No 0131 271 3102
[email protected]