Rec Trust To Appeal ‘Restrictive’ Tribunal Decision

The Recreation Ground Trust is to apply for leave to appeal the Charity Tribunal Decision which artificially limits the discretion of the Trust about future use of Rec land.

Liz Bloor, newly elected Chair of the Rec Trust, said: “After thorough discussion by the Trustees, it is really clear that we are all disappointed with this decision by the Tribunal.

“It is financially unhelpful to the Trust and we believe there are some errors in the law which the Tribunal have applied.

“We wish to have sufficient flexibility to effectively take forward the management of the Recreation Ground. The new boundary put forward by the Tribunal artificially restricting the scope of any future arrangements with Bath Rugby simply prevents us from having this flexibility and, in turn, limiting the Trust’s access to resources to invest in recreation for the whole community.

“In light of this we will be applying for leave to appeal the decision.”

In response to the Charity Tribunal decision, changes have been made to the Board requiring only one Council representative.

Councillor Tim Ball has stood down. It was also a requirement that the Board have a Chairman who is not an elected councillor.

Councillor David Dixon has stood down from this role but remains on the Trust. The Tribunal has accepted this arrangement.

Liz Bloor – who has extensive experience in commercial property investment, sports development and, as a Bath resident, has served as a volunteer on a number of local Boards – was elected as Chair.

She added: “The Trust wishes to thank Councillor Dixon for his work as Chairman and the role he has played in enabling a new Board of Trustees to be set-up to take the Trust forwards.”

The Recreation Ground Trust last week issued a statement saying: “The Trust wishes to have sufficient flexibility to effectively take forward the management of the Recreation ground.

“The Trust has already explained its view that the Tribunal decision has some welcome aspects but unfortunately seems to limit the Trustees discretion.  It introduces a new boundary which artificially restricts the scope of any future arrangements with Bath Rugby. This also has the effect of limiting the Trust’s access to resources to invest in recreation.

“It had already been accepted that most of the additional land identified by the Charity Commission was not needed and that any changes to the footprint for the rugby stadium should continue to involve a temporary stand to the East.

“The land now potentially available for use by Bath Rugby, on terms to be agreed and following the Tribunal decision, is limited to that set aside for the main and temporary stands in recent years.  This is likely to cause practical difficulties and impact on future plans.

The previous 2013 Charity Commission scheme considered future needs, not just past history.  Their scheme was produced to reflect public consultation and dialogue with the Trust. It considered the needs of the various beneficiaries of the Trust and allowed for a wide range of uses.

“It permitted the Trust to generate essential income to promote outdoor amateur sport, and was consistent with the development proposed by Bath Rugby.

“The Trustees are surprised by the small change to boundaries created by the Tribunal decision. The Trustees worked with the Commission to support the 2013 scheme at the Tribunal. These changes to boundaries were not discussed at the Tribunal and are potentially harmful to the Trust.

“The Trustees want to maximise the use of the Recreation Ground and look to the future. They also want to be able to take forward key aspects of what has previously been subject to public consultation in 2011 in the run up to the creation of the 2013 scheme.”