1(a)      That the outdoor sports area and, subject to (b) below) the changing facilities referred       to in the S106 Agreement, be transferred direct from the developer to Brockworth       Community Sports and Recreation Limited, subject to:

i)    the company establishing charitable trust status (within the period set out in the S106 Agreement) with the Objects of the charitable trust restricted to the promotion of community participation in sporting and recreational activities for the benefit of the inhabitants of Brockworth and the surrounding areas; and

ii)   the Council being satisfied in all other regards.

(b)       That, notwithstanding the provisions in resolution (a) above, the Head of Development Services, in consultation with local Ward Members, the Lead Members for Health and Wellbeing, Finance and Asset Management and Built Environment, the Head of Finance and Asset Management and the Borough Solicitor may, at any time, exercise the election under the S106 Agreement to receive the changing facilities contribution in lieu of the changing facilities being constructed.

2.         That, in the event of charitable status not being obtained within the period required set out in the S106 Agreement, the Council takes the transfer of the outdoor sports area, shown on the plan appended to the report, and elects to receive the changing facilities contribution.

3.         That, subsequent to the transfer of the outdoor sports area to the Council, and receipt by the Council of the changing facilities contribution, the Head of Development Services:

·      takes steps to identify an appropriate recipient of the outdoor sports area and the changing facilities contribution;

·      reports back to Executive Committee on the legal status of the proposed recipient, any undervalue implications and any representations received as a result of any statutory notices of the proposed disposal considered necessary; and

·      reports back to Executive Committee on the proposed measures for ensuring that the changing facilities contribution is properly applied.