Agenda and minutes

Minutes of the previous Committee meeting held on 8 October 2019, previously circulated.

RESOLVED that the Minutes of the meeting held on 8 October 2019 be signed as a correct record.

Items which in the opinion of the Chairman should be considered at the meeting as a matter of urgency

There was no item raised as a matter of urgency.

Report of the Head of Service for Digital Transformation and Business Support (BS/21/05), attached

The Committee considered the Report of the Head of Service for Digital Transformation and Business Support (BS/21/05) on a proposed application   to the Charity Commission for a scheme to amend the failed Sutcombe Primary School Trust so as to allow the vacant Sutcombe School Site to be sold and the proceeds of sale to be used to: (a) Further the education of children attending the local school, Bradworthy Academy; and (b) contribute towards costs incurred by the Parish Council in installing play equipment in  the adjoining playing field.

Devon County Council was the Trustee of the Sutcombe School Site, however the charitable objectives of the Trust could longer be fulfilled. As a result, the County Council wished to dispose the land and buildings comprising the former school site known as Sutcombe County Primary School which had closed in July 2016 and was no longer required by the County Council for the purposes of educational provision within the local area.

As Trustee, the County Council was obligated to ensure that the School Site was managed and maintained in a condition which allowed it to be used to fulfil the charitable objects. However, it was clear that the charitable objects for which the School was held could no longer be fulfilled. In essence, the Trust has failed.

It was MOVED by Councillor A Saywell and SEC0NDED by Councillor B Parsons and 

RESOLVED that an application to the Charity Commission as Trustees of Sutcombe School Site to make a scheme to permit the following be approved:

(a) to establish a power to sell the School Site;

(b) to provide for the proceeds of sale from the School Site to be applied in the proportions set out in (i) and (ii) below (or such other proportions as the Commission shall decide as appropriate) for the following purposes:

(i) 90% in furthering the education of children attending Bradworthy Academy; and

(ii) 10% in furthering the physical, psychological, and social education of the children of Sutcombe by way of the provision of a playing field and play equipment by Sutcombe Parish Council

or for such other educational purposes as the Commission shall decide, as appropriate;

(c) to provide for the resignation of Devon County Council as Trustee and for the appointment of Bradworthy Academy as Trustee or such other duly appointed Trustee, as the Commission shall decide, as appropriate; and

(d) to provide for a transfer of any remaining assets of the Trust (if any) to Bradworthy Academy or such other duly appointed Trustee, as the Commission shall decide, as appropriate.

An opportunity for Members to update the Committee on community initiatives and responses to service changes in their own division.

(a) Holsworthy Rural

Councillor B Parsons reported on the extensive work underway by the County Council to develop the local cycleway network and promote active travel.

(b) Bideford West  

Councillor T Inch commended any proposed use of local Members’ budgets to enhance small towns with floral displays, for example, in Torridge following the gradual removal of pandemic lockdown restrictions.    

(c) Torrington Rural

Councillor A Saywell paid tribute to the resilience of the local communities in Torridge and work of the local authorities and community groups in helping maintain one of the lowest infection rates in the Country during the COVID-19 pandemic.   

21 June 2021

21 June 2021