To consider the granting of a lease to Tewkesbury Rugby Club for an additional parcel of land off Despenser Road.

1.      That the parcel of land, hatched on the plan appended to the report, be included within an additional lease to Tewkesbury Rugby Club, at market rent and for a term expiring no later than the expiry date of the Club’s existing lease.

2.      That the Finance and Asset Management Group Manager be authorised, in consultation with the Lead Member for Finance and Asset Management, to negotiate the remainder of the heads of terms at market rent.

3.      That the Borough Solicitor be authorised to complete the lease upon the heads of terms set out in the report, and additionally negotiated by the Finance and Asset Management Group Manager, and on such other terms as she considers necessary or advisable, in consultation with the Finance and Asset Management Group Manager. 

45.1           The report of the Finance and Asset Management Group Manager, circulated at Pages No. 92-97, asked Members to agree to grant a lease to Tewkesbury Rugby Club for an additional parcel of land off Despenser Road, as hatched on the Plan appended to the report. The purpose of the addition would be to provide a pitch for the Under 12 section of the Rugby Club.

45.2           The land requested was currently public open space and was large enough to accommodate one full size rugby pitch, running parallel with Despenser Road, between the road and the dead ball line of the Club’s first team pitch. It would allow two junior games to be played at the same time within the safe confines of the Club grounds. Youth rugby games involved no kicking and offered the opportunity for young players to develop their passing, catching and handling skills. Members were advised that the Council had recently supported improvements at the Rugby Club with a £70,000 grant, as part of a wider capital grant project application, to support the provision of a new self-contained changing facility. This had allowed the Club to extend its activities and use of facilities for its own range of sports and age groups in addition to supporting other local community events and sports clubs.

45.3           In terms of other uses for the land, the Council had considered whether it might be suitable for future development. However, since the land was located within Flood Zone Two, potential development opportunities were restricted and, by agreeing to include the additional land parcel within a lease to the Rugby Club, the Council was increasing the benefit of outdoor sporting activities to the young community. Officers had spoken to the Club about other sites for its junior provision and it had stated that, whilst it had considered land at the Vineyards, this had raised a safeguarding issue regarding the safety of the children accessing the facilities as they were off-site. If the land off Despenser Road was leased to the Club, young players would be able to access and use the Club facilities within the safe confines of the grounds and under the guidance of two coaches.

45.4           Given that the land in question was public open space, the Council had a statutory duty to advertise its intention to dispose of it in the local press on two occasions for two consecutive weeks. Tewkesbury Town Council had also received a copy of the Intention Notice. A letter of objection, accompanied by 37 signatures, had been received from a Despenser Road resident along with an email of reservations and suggestions from another. The objections were summarised in Paragraph 3.2 of the report and included: the financial effect on property and road; damage to cars from flying balls; possible unsightly fencing; excessive noise on training days and match days; the volume of Club cars parked on Despenser Road when the Vineyards entrance was flooded; an accessible pitch already being available on the Vineyards; disposal of the land by the Council was being suggested to avoid the upkeep of grass cutting; lack of publicity on Club’s entrance gates; problems with Club Members allegedly urinating in the area; parking needs of the 13 Despenser Road houses facing the land needed to be considered e.g. painting house numbers on permanently allocated spaces or a drop down bollard system; suitable and safe fencing that was not an eye-sore should be provided; and a request had been made for a meeting with residents as no notices of the proposed disposal had been displayed at the Rugby Club. A summary of the Council’s responses were set out at Paragraph 3.3 of the report and indicated that the use of the land would be for junior rugby games only which involved no ball kicking, only passing and handling skills – this would negate any concerns regarding damage to cars from flying balls; if, in the event it was considered fencing would be required, the terms of the lease would stipulate that the correct planning, design and safety processes were followed; the Council did not own the existing parking spaces on Despenser Road so had no control over the marking or placing of bollards on them; any additional parking created would be accommodated within the Club’s main car park and access arrangements would be controlled by the terms of the lease to avoid local concerns about flooding at Gander Lane; and the use of pitches at the Vineyards had been considered by the Club but had raised safeguarding issues for the young players. The Club had undertaken to arrange a meeting to listen to concerns from local residents which Officers felt would be extremely helpful. On balance, Officers were of the view that the request to extend the current lease was acceptable.

45.5           In terms of the length of lease and revenue to be expected, the Finance and Asset Management Group Manager indicated that there would be a 10% revenue increase and the new lease would run in line with the term of the current lease. A Member expressed the view that he fully supported the request from the Rugby Club and felt that this was exactly the kind of thing that the Council should be doing. The Club wanted to invest in the future and this should be encouraged; he hoped it would stop anti-social behaviour, promote healthy lifestyles and encourage activity in the young people involved.

45.6           Having considered the information provided, it was