AGENDA
COBTREE MANOR ESTATE
CHARITY COMMITTEE MEETING
Date: Wednesday 11 July 2012 Time: 6.00 p.m. Venue: Town Hall, High Street, Maidstone
Membership:
Councillors Garland, Greer, Hotson and J.A. Wilson
Page No .
1. Apologies for A bsence
2. Notification of Visiting Members
3. Election of Chairman
4. Election of Vice -Chairman
5. Disclosures by Members and Officers
6. Disclosures of Lobbying
Continued Over/: Issued on 3 July 2012
The reports included in Part I of this agenda can be made available in alternative formats . For further information about this service, or to arrange for special facilities to be provided at the meeting, please contact DEBBIE SNOOK on 01622 602030 . To find out more about the work of the Committee, please visit www.maidstone.gov.uk
Alison Broom, Chief Executive, Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent ME15 6JQ
7. To consider w hether any items should be taken in private because of the possible disclosure of exempt information.
8. Minutes of the meeting held on 14 March 2012 1 - 3
9. Report of the Head of Finance and Customer Services - Cobtree 4 - 25 Manor Estate Trust Accounts 2011-12
10. Report of the Cobtree Officer - Cobtree Manor Park Master Plan 26 - 32 Play Area Phase Two
11. Report of the Cobtree Officer - Park Ranger's Progress Report 33 - 37
12. Report of th e Cobtree Officer - Cobtree Manor Estate Risk 38 - 64 Management Annual Review
13. Report of the Cobtree Officer - Asset Management Plan 2011/14 65 - 80
14. Report of the Cobtree Officer - Proposed Designation of 81 - 86 Westfield Wood as a Local Nature Reserve
15. Report of the Cobtree Officer - Surrender of the Lease of 4 87 - 89 Stream Cottages, Forstal Road, Maidstone
Agenda Item 8
MAIDSTONE BOROUGH COUNCIL
COBTREE MANOR ESTATE CHARITY COMMITTEE
MINUTES OF THE MEETING HELD ON 14 MARCH 2012
Present: Councillor J A Wilson (Chairman) and Councillors Garland, Greer and Hotson
54. APOLOGIES FOR ABSENCE
There were no apologies for absence.
55. NOTIFICATION OF VISITING MEMBERS
There were no Visiting Members.
56. DISCLOSURES BY MEMBERS AND OFFICERS
There were no disclosures by Members and Officers.
57. DISCLOSURES OF LOBBYING
There were no disclosures of lobbying.
58. EXEMPT ITEMS
RESOLVED : That the items be taken in public as proposed.
59. MINUTES OF THE MEETING HELD ON 11 JANUARY 2012
RESOLVED : That the minutes of the meeting held on 11 January 2012 be approved as a correct record and signed.
60. COBTREE TRUST FINANCIAL POSITION 2011-12
The Committee considered the report of the Head of Finance and Customer Services setting out details of the financial position in respect of the Golf Course and Manor Park as at 31 January 2012.
RESOLVED : That the report be noted.
61. PARK RANGER'S PROGRESS REPORT
The Committee considered the report of the Cobtree Officer setting out details of the work of the Park Ranger at the Cobtree Manor Park, including the work undertaken on the “Seven Ages” sculpture, the installation of which had been delayed due to bad weather.
1 1 RESOLVED : That the actions taken by the Park Ranger and the future work set out in Appendix A to the report be noted.
62. IMPLEMENTATION OF THE MASTER PLAN FOR COBTREE MANOR PARK
RESOLVED:
1. That it be agreed to formally withdraw the previous resolution of the Cobtree Manor Estate Charity Committee to the Charity Commission and replace that resolution with the resolution set out below.
2. That the following be approved:
(i) For Officers to approach the Charity Commission using either the Cobtree Manor Estate Charity’s statutory powers under Section 75A of the Charities Act 1993 as amended by the Charities Act 2006, or other appropriate powers seeking the release of £1,065,000.00 of the permanent endowment in the following terms:
That the Committee acting as the trustee to the registered charity known as Cobtree Manor Estate (no. 283617) resolves to release from its permanent endowment funds to implement, in three phases, the enhancements to Cobtree Manor Park outlined in the report dated June 2010, as updated in March 2012, prepared by Adam S. Bailey Garden Design (“the Master Plan”);such implementation being in full compliance with the objects of the charity and seen in its best interests in order to encourage greater use of Cobtree Manor Estate by the general public.
(ii) Should the Charity Commission give its approval for the releasing of part of the permanent endowment as outlined in (i) above to expend those moneys (i.e. £1,065,000.00) on completing phases 1, 2 and 3 of the Master Plan.
3. That the Master Plan attached at Appendix D to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer; this plan being an update of the original plan prepared by Adam S. Bailey as approved by the Committee at its meeting on July 7 th 2010 be approved.
4. That the repayment programme recommended by the Senior Accountant attached at Appendix A to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer be approved and that officers are authorised to approach the Charity Commission seeking its approval for the implementation of that repayment programme.
5. That the project plan attached at Appendix B to the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer and the implementation of the design details set out within the Master Plan by three separate phases be approved;
22 Phase 1 – Installation of the first phase of the play area.
Phase 2 – Other Works such as: The picnic area, the hard path network and nature trail paths, way finding posts and maps, viewing platform and pond clearance, car park resurfacing and edging, woodland management and park tree works, boundary planting, new arboretum trees, car park replanting, improved boundary fencing around the estate bridle path, trim trail, outdoor seating and bins, sculptures, bridle path rerouting and resurfacing, Llama house renovation, and the final phase of the play area.
Phase 3 – The building of the visitor centre and café.
6. That the location, as set out at Appendix E of the joint report of the Assistant Director of Environment and Regulatory Services and the Cobtree Officer, and the design of the play area, be approved and that the Head of Legal Services be authorised to enter into a contract for the construction of the first phase of the play area (phase 1) once release of the permanent endowment funding has been agreed by the Charity Commission.
7. That the Officers’ decision to bring to a later meeting of the Committee, reports seeking approval for the following be endorsed:
1. The detailed design of the phase 2 works including the second phase of the play area and entering into a contract or contracts for these phase 2 works. 2. The final design of the visitor centre and café.
To view full details of this decision, please follow this link:-
http://meetings.maidstone.gov.uk/ieDecisionDetails.aspx?ID=558
63. DURATION OF MEETING
5.00 p.m. to 5.22 p.m.
3 3 Agenda Item 9
MAIDSTONE BOROUGH COUNCIL
COBTREE MANOR ESTATE COMMITTEE
11 TH JULY 2012
REPORT OF THE HEAD OF FINANCE & CUSTOMER SERVICES
Report prepared by: Paul Holland (Senior Accountant)
1 ACCOUNTS 2011/12
1.1 Issue for Decision
1.1.1 To consider the un-audited Report and Financial Statement for the financial year 2011/12.
1.2 Recommendation of the Head of Finance & Customer Services
1.2.1 That the Committee notes the draft Report and Financial Statement for the financial year 2011/12.
1.3 Reasons for Recommendation
1.3.1 Attached at APPENDIX A are the draft Report and Financial Statements for the financial year 2011/12.
1.3.2 The draft Report and Financial Statements have been produced in accordance with Charity Accounting Statement of Recommended Practice.
1.3.3 Members have previously agreed to appoint King & Taylor as external auditors for 2011/12.
1.4 Financial Statements 2011/12
1.4.1 The net surplus on the operation of the Golf Course and the Manor Park was £100,087, compared to a net deficit of £4,120 during 2010/11. Following the audit of the 2010/11 accounts and subsequent adjustments there was a sum due to the Borough Council of £17,912, leaving an actual surplus of £82,175, which is shown as a debtor on the Balance Sheet. These figures are provisional as the accounts are still subject to external audit.
1.4.2 Following the transfer of the Golf Course grounds maintenance staff to the contractor there are no longer any staff costs relating to the golf course in the accounts.
1.4.3 The figure for property repairs is substantially lower in 2011/12 (£20,276), as the figure for 2010/11 (£108,809) included the major repair works undertaken at Garden Cottage.
4 1.4.4 As the Trust is now debt free it will keep any net surplus it generates. The Committee has previously agreed that any surpluses will be invested in Charifund subject to the progress of the Master Plan. However as the Plan is now in the process of being implemented the surplus for 2011/12 will be applied directly to payments due in respect of Phase 1.
1.4.5 There were no asset disposals during 2011/12, and none of the assets held were subject to revaluation.
1.4.6 It should be noted that the market value of the Charifund investment has fallen slightly during 2011/12, to £1,328,166 at 31st March 2012, compared to a value of £1,352,394 at 31 st March 2011. The purchase value of the investments held is £1,290,000, so the market value remains greater than this figure at the Balance Sheet date.
1.5 Alternative Actions and Why Not Recommended
1.5.1 None
1.6 Impact on the Charity’s Objectives
1.6.1 The net surplus from the operations of the Golf Course and Manor Park will enable the Trust to move forward with their proposals to improve facilities on the Cobtree Manor Estate.
1.7 Risk Management
1.7.1 The reporting of the final position for 2011/12 assists in the ongoing financial management of the Trust.
1.8 Other Implications
Financial X Staffing Legal Social Inclusion Environmental/Sustainable Development Community Safety Human Rights Act Procurement Asset Management
1.9 Financial Implications
1.9.1 The Accounts are a factual statement of the financial affairs of the Trust for 2011/12.
Background Documents
Accountancy reports on financial transactions for 2011/12
5
NO REPORT WILL BE ACCEPTED WITHOUT THIS BOX BEING COMPLETED
Is this a Key Decision? Yes No X
If yes, when did it appear in the Forward Plan? ______
Is this an Urgent Key Decision? Yes No X
Reason for Urgency
Not applicable
6 APPENDIX A
Initial Draft
Charity No. 283617
THE CHARITY KNOWN AS “COBTREE MANOR ESTATE”
Corporate Trustee Report and Financial Statement
for the Year Ended 31 March 2012
7 APPENDIX A
Trust Information
Corporate Trustee Maidstone Borough Council
Trustees There are no individual Trustees. All elected Members of the Maidstone Borough Council perform the duties of Trustees, but are not trustees in their own right. A full list of Members is available on request.
Charity Number 283617
Principal Office Maidstone Borough Council Maidstone House King Street Maidstone, Kent. ME15 6JQ
Auditors King & Taylor 10 – 12 Wrotham Road Gravesend, Kent. DA11 0PE
Bankers All funds are managed by Maidstone Borough Council at:
National Westminster Bank Plc 3 High Street Maidstone, Kent. ME14
Solicitors Head of Corporate Law and Legal Services Maidstone Borough Council Maidstone House King Street Maidstone, Kent. ME15 6JQ
8 APPENDIX A
Contents
Page
Trustees’ Report
Auditors’ Report
Statement of Financial Activities
Balance Sheet
Notes forming part of the financial statements
9 APPENDIX A
Trustees Report
The Maidstone Borough Council acting as Corporate Trustee to the registered Charity known as “Cobtree Manor Estate” presents its annual report in relation to the financial year ending 31 st March 2012.
Trustees
The trustee who served during the year is shown on the information page.
OBJECTIVES AND ACTIVITIES
Governing Object
The governing object of the Charity remains that defined in the lease of the Cobtree Estate dated 13 July 1971 between the Cobtree Charity Trust Limited (the lessor) and the Maidstone Borough Council (the lessee). The governing object is stated as:
“To hold Cobtree Manor and Cobtree Manor Estate for the benefit of the inhabitants of Maidstone and other members of the general public in one or other or all of the following ways:
i) By maintaining the Cobtree Manor Estate as an open space as defined by the Open Spaces Act 1906 and if the lessees think fit providing thereat facilities for organised games and other sports”.
ii) With the consent of …[the Cobtree Charity Trust Limited and the Kent County Council]… in such other way for the benefit of the inhabitants of Maidstone and other members of the general public as the Council shall from time to time think appropriate.”
Object of the Charity
The late Sir Garrard Tyrwhitt-Drake bequeathed his former estate to the Cobtree Charity Trust Limited and set down in the codicils to his Will requirements for its future use. In seeking to interpret these, sometimes conflicting, codicils the Maidstone Borough Council and Cobtree Charity Trust Limited agreed that the Estate in its entirety, and the intended charitable objects, should be leased to and governed by, the Maidstone Borough Council.
The Maidstone Borough Council, as Corporate Trustee to the Charity, has determined and regularly reviews a series of policies to guide the actions of its Members and employees in fulfilling the governing object of the Charity.
Members of the Cobtree Manor Estate Charity Committee manage all aspects of the Charity on behalf of the Council. Informal liaison continues with the Trustees to the Cobtree Charity Trust Limited, particularly with regard to considering potential developments. Members of the Cobtree Charity Trust Limited are invited to attend the meetings of the Cobtree Manor Estate Charity Committee.
10 APPENDIX A
ACHIEVEMENTS AND PERFORMANCE
Changes since the last Report
The Cobtree Charity Committee continues to comprise of four Members of the Cabinet. The Members of the Committee during the reporting year were Councillors John A Wilson (Chairman), Christopher Garland, Eric Hotson, and Malcolm Greer. In common with the operation of all Cabinet decisions, those of the Charity Committee were subject to the scrutiny of other Council Members. No decisions of the Committee relating to the Cobtree Estate were called in for scrutiny.
Organisation of the Charity
The Trustee to the Registered Charity known as the Cobtree Manor Estate remains the Corporate Body of the Maidstone Borough Council. How the functions of the Corporate Trustee are implemented is reiterated in the section above.
All individual elected Members to the Maidstone Borough Council are instructed to perform any duties and responsibilities they have in relation to the charity as though they were acting as individual trustees; albeit that they are not individual trustees in Charity Law. All elected Members and Officers of the Council are reminded of the Council’s obligations to the Charity and how these need to be considered quite separately from the normal duties of the Council acting as the Local Authority. An A to Z “aid memoir” is made available to all Members and Officers via the Council’s internal intranet site.
Under the terms of the lease upon which the Charity holds the Cobtree Manor Estate, and in the specified circumstances, the Council continues to liaise with both the freehold owner of the Estate, the Cobtree Charity Trust Limited, and the Kent County Council.
Advice to Trustees
The advice for trustees published by the Charity Commission is given to new members of the charity committee and new guidance is notified and made available to them as it is received from the Commission. Committee members have free access to all members of staff to ensure that they can be fully aware of the special considerations, activities and implications of, and for, the charity.
Activities
The following paragraphs are included to demonstrate how the Charity is meeting its obligation to provide a public benefit. The primary activities of the Charity are to manage and maintain two facilities to which the general public have access:
§ the Cobtree Manor Park – which is a parkland environment with woodland and meadows containing a wide variety of trees and shrubs and which is freely accessible to the general public, and
§ the Cobtree Manor Park Golf Course - which is a pay and play facility accessible to all.
11 APPENDIX A
Cobtree Golf Course
The following activities and works were completed on the Cobtree Manor Park Golf Course during the reporting year to enhance the attractiveness of the facility and to ensure its availability to the general public:
Year Rounds Played No. of Registrations 2008/ 20 09 40,187 875 2009/2010 43,913 952 2010/2011 41,784 597 2011/2012 43,516 498
Over the last financial year Mytime Active have renovated 6 bunkers on the course. This work was needed due to problems with the matting on the base coming loose and flint and stone migration. The condition of the bunkers has been a constant cause for complaint over the last few years and so this work has gone some way to alleviate these issues.
Mytime Active have also issued a Privilege Card – this costs £40 and allows holders to get reduced green fee rates and wider scope for bookings at any of Mytime Active run courses, as well as other special offers on food and in the pro shop throughout the year.
As in past years, improvements to the golf course continue to remain a high priority for the Charity. Future investment will continue to be in partnership with the contract operator; the objective is to ensure that the quality of the course remains protected and thus ensure that the course remains successful and accessible to the people of Maidstone and the surrounding area.
The contract payment to the Council continued to fund the maintenance of the Estate and will be used to contribute towards the proposed improvements programme for the Cobtree Manor Park.
Cobtree Manor Park
The following works and activities were carried out to enhance the appeal of Cobtree Manor Park to attract a greater numbers of visitors.
Volunteers continue to contribute man-days of effort to help with both practical and research tasks. Members of the general public contributed a total 270 hours of voluntary effort.
The events programme included 26 events (mostly themed guided walks) and these were attended by 387 people.
Two work placement students from Hadlow College worked one day a week during term time (voluntary work, hours included above).
Three thousand free information leaflets advertising the events programme for the coming year were designed, printed and distributed.
12 APPENDIX A
The following works relating to the park were carried out:
• Research into the history and ecology of the park, summarised in the 50-page long Conservation Statement • The Lottery application – a 47-page document outlining the improvement project and the rationale behind it, with outline costs • The identification of the arboretum trees, ready for labelling • establishment of wildflower meadows • Coppicing/rejuvenation of shrubberies (year 1 of a 3-year programme) and ongoing restoration of parkland trees and woods • Repair of the sheep dip • Clearance of the pond (removal of large fallen willow trees) • Clearance of the contents of the Elephant House • Repairs to the boundary fencing
There were two incidents of antisocial behaviour and two crimes were reported (the stealing of spent oil from the café and 2 strimmers were stolen). There were 2 cases of vandalism noted. These figures are a considerable reduction on previous years.
Footfall, as estimated by weekly car count, was up by about 30% between winter- spring 2011/12 compared to the same period in 2010/11.
Important Events
Underpinning works were carried out to Garden Cottage by specialist contractors to deal with identified subsidence (detailed above).
Volunteer Help and Intangible Income
The volunteer help given on the estate is referred to above; it is most probable that the Kent Wildlife Trust and the Cobtree Museum Trust will have continued to receive such assistance in the pursuit of their activities.
Review of Public Benefit
The Trustee continues to consider and ensure that the Charity meets its requirement to comply with the test of public benefit. The Cobtree Manor Park remains freely accessible to the general public and the pay and play golf course is accessible to all those who wish to take advantage of it facilities at reasonable cost.
Related Party Disclosure
The Maidstone Borough Council is the Corporate Trustee of the Charity. In addition the Council itself owns part of the land upon which the Cobtree Manor Park Golf Course is built. The accounting arrangements between the Council and the Charity are that the Council is responsible for all receipts and payments for both the golf course and the Cobtree Manor Park. At the end of each financial year the total net operating surplus or deficit of the Manor Park is transferred to the Charity accounts. For the golf course 7/9ths of the total net operating surplus or deficit is transferred to the Charity accounts, reflecting the split of land ownership. The remaining 2/9ths are shown in the accounts of the Council.
13 APPENDIX A
The Council also employs a Park Ranger at the Manor Park and a Cobtree Officer. These posts exist solely for the benefit of the Charity and the cost for each is shown in the Charity accounts under the arrangements specified above. Other officers of the Council are engaged from time to time in duties specifically related to the operation and management of the Estate; their time and associated costs are apportioned accordingly to the Cobtree accounts.
FINANCIAL REVIEW
Financial Review and Investment Policy
The net surplus generated as per the Statement of Financial Accounts is now due to the Trust as the long-term debt to the Borough Council has been fully repaid.
Interest due to the Charity in respect of the permanent endowment held on the Charity’s behalf by the Borough Council is included as part of the unrestricted income.
The Trustee has now determined its preferred future development option for the Cobtree Manor Park; it is now seeking to identify sources of funding to implement this option.
Reserves Policy
Restricted reserves are maintained in respect of the permanent endowment funds.
Risk Management
The Trustee continues to review the business and operational risks which the Charity faces, and identifies where appropriate steps to minimise the impact of any identified risks. All contractors working on the Estate are also required to undertake risk assessments appropriate to their activities.
PLANS FOR FUTURE PERIODS
The Trustee has now prepared a revised master plan for the Cobtree Manor Park and has obtained permission from the Charity Commission for the use of reserve funds for its implementation.
Trustees’ responsibilities
The Trustee is responsible for preparing the financial statements in accordance with applicable law and the United Kingdom Generally Accepted Accounting Practice.
Law applicable to charities in England and Wales requires the trustee to prepare financial statements for each financial year which give a true and fair view of the Charity’s financial activities during the year and of its financial position at the end of the year. In preparing these statements the Trustee is required to:
- select suitable accounting policies and apply them consistently; - make judgements and estimates that are reasonable and prudent; - state whether applicable accounting standards have been followed, subject to any material departures disclosed and explained in the financial statements;
14 APPENDIX A
- prepare the financial statements on the going concern unless it is inappropriate to presume that the Charity will continue in business.
The Trustee has overall responsibility for ensuring that the Charity has appropriate systems of controls, financial and otherwise. It is also responsible for keeping proper accounting records which disclose with reasonable accuracy at any time the financial position of the Charity and to enable them to ensure that the financial statements comply with the Charities Act 1993. It is also responsible for safeguarding the assets of the Charity and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.
This report was approved by the Trustee on ………………………………. And signed on its behalf by
Councillor Chairman of the Cobtree Manor Estate Charity Committee
15 APPENDIX A
Cobtree Manor Estate For the year ended 31 March 2012
Statement of Financial Activities and Summary Income and Expenditure Account 2012 2011 Unrestricted Restricted Endowment Total Total Note £ £ £ £ £ INCOMING RESOURCES Incoming resources from generated funds: Investment income 67,458 67,458 66,550 Will Trust 22,188 22,188 42,188 Rental income 20,360 20,360 16,460 Donations & gifts 0 0 Incoming resources from charitable activities: Golf club revenue 196,301 196,301 185,489 Other incoming resources: Other income 452 452 48,323 Total Incoming Resources 2 284,571 22,188 0 306,760 359,010
RESOURCES EXPENDED Costs of charitable activities 3 163,824 22,188 186,012 337,145 Governance Costs 3 19,751 19,751 25,985 16 Total Resources Expended 183,575 22,188 0 205,763 363,130
Net Incoming/(Outgoing) resources before transfers 100,997 0 0 100,997 (4,120) Transfers between funds 0 0 Net Incoming/(Outgoing) resources before revaluations 100,997 0 0 100,997 (4,120) Gains and (losses) on revaluations of fixed assets for use in the charity 0 0 Gains and (losses) on investment assets (3,364) (20,864) (24,228) 64,038 Net movement in funds 97,633 0 (20,864) 76,769 59,918
Fund balances brought forward (18,855) 0 2,785,171 2,766,316 2,706,398 Fund balances carried forward 10 78,778 0 2,764,307 2,843,085 2,766,316 APPENDIX A
Cobtree Manor Estate For the year ended 31 March 2012
Balance Sheet as at 31 March 2012
Unrestricted Restricted Endowment Total Total Funds Funds Funds 2012 2011 Notes £ £ £ £ £ Fixed Assets Tangible assets 6 0 0 1,436,141 1,436,141 1,436,141 Investments 7 0 0 1,328,166 1,328,166 1,352,394 0 0 2,764,307 2,764,307 2,788,535 Current Assets Cash and bank in hand 923 923 13 Debtors 82,175 82,175 0 83,098 0 0 83,098 13 17
Creditors:Amounts falling due within one year 8 (4,320) 0 0 (4,320) (22,232)
Net current assets(liabilities) 78,778 0 0 78,778 (22,219)
Total assets less current liabilities 78,778 0 2,764,307 2,843,085 2,766,316
Creditors:Amounts falling due in more than one year 9 0 0 0 0 0
Net assets 78,778 0 2,764,307 2,843,085 2,766,316 Reserves Charity's Funds 10 78,778 0 2,764,307 2,843,085 2,766,316 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
1. Accounting Policies
1.1. Accounting Convention The financial statements are prepared under the historical cost convention modified to include the revaluation of certain fixed assets and in accordance with the Financial Reporting Standard for Smaller Entities (effective January 2005) and the Charities Statement of Recommended Practice (SORP) and applicable accounting standards.
1.2 Fund Accounting General funds are unrestricted funds which are available for use at the discretion of the trustees in furtherance of the general objectives of the charity and which have not been designated for other purposes.
Restricted funds are those funds held for a specific purpose upon which restrictions have been imposed by the donor.
The endowment fund represents those assets that must be held permanently by the charity.
1.3 Incoming Resources All incoming resources are included within the SOFA when the charity is legally entitled to the income and the amount can be reasonably quantified.
All grants and voluntary income are accounted for gross when receivable as long as they are capable of financial measurement.
1.4 Resources Expended All expenditure is accounted for on an accruals basis and has been classified under headings that aggregate all costs related to that category. Where costs relate to more than one functional cost category, they have been split on an appropriate estimated basis.
Governance Costs are those associated with the governance arrangements which relate to the general running of the charity.
Support costs (those which do not produce or constitute the output of the charity) are allocated directly to the relevant charitable activity.
1.5 Tangible Fixed Assets and Depreciation Depreciation is provided at rates calculated to write off the cost or valuation less residual value of each asset over its expected useful life, as follows:
• Land - Nil • Leasehold properties - Nil
18 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
Land and buildings are re-valued on a five yearly cycle. No depreciation has been provided on the buildings as this is considered immaterial due to the estimated useful life and the level of residual value.
Impairment would be provided if necessary. Impairment reviews will be carried out when there are any indicators of impairment.
1.6 Investments Fixed asset investments are stated at market value. Provision is made for any permanent diminution in value.
2. Resources Arising The total incoming resources of the charity for the year have been derived from its principal activity wholly undertaken in the UK.
3. Analysis of Resources Expended
Resources expended include the following: -
2012 2011 £ £ Auditors’ Remuneration – audit services 4,320 4,320
a) Costs of activities in furtherance of charity's objective
Unrestricted Restricted Total Total Funds Funds 2012 2011 £ £ £ £ Staff costs (see note 5) 6,095 22,188 28,283 77,328 Grounds maintenance 79,607 - 79,607 89,431 Utilities 57,396 - 57,396 61,577 Property repairs 20,726 - 20,726 108,809 163,824 22,188 186,012 337,145
19 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
b) Support costs included within the cost of activities
Unrestricted Restricted Total Total Funds Funds 2012 2011 £ £ £ £ Staff costs 6,095 22,188 28,283 77,328 Grounds maintenance 28,561 - 28,561 25,706 Utilities 27,263 - 27,263 19,780 61,919 22,188 84,107 122,814 c) Governance Costs
Unrestricted Restricted Total Total Funds Funds 2012 2011 £ £ £ £ Human resources 1,144 - 1,144 992 Utilities - - - 1,184 Democratic services 2,854 - 2,854 3,250 Legal costs 4,660 - 4,660 4,399 Financial advice 6,774 - 6,774 6,315 Audit and accountancy 4,320 - 4,320 4,320 Internal audit - - - 5,525 19,752 - 19,752 25,985
4. Trustees' Remuneration
No Trustee received either remuneration or out of pocket expenses during the year.
There were no employees of the Charity.
5. Staff Costs
Number of Employees The average number of employees during the year were: 2012 2011 Golf Course Grounds Maintenance 0 3 Manor Park Grounds Maintenance 1 0 Park Ranger 1 1 2 4
There were no higher paid employees.
The above staff are employed by Maidstone Borough Council, the corporate trustee of the Charity (see note 11). The golf course grounds maintenance staff are now employed directly by the golf course operating contractor.
20 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
6. Tangible Fixed Assets
Long Total Leasehold Land & Buildings £ £ Cost or Valuation At 1 st April 20 11 1, 436,141 1, 436,141 Revaluations 0 0 At 31 st March 20 12 1,436,141 1,436,141
Net Book Values At 31 st March 20 12 1,436,141 1,436,141 At 31 st March 20 11 1,436,141 1,436,141
The closing net book value includes assets used for:
20 12 201 1 £ £ Direct Charitable Purposes 1,436,141 1, 436,141
The property is held under a 999 year lease which is due to expire in 2970.
The fixed assets are used solely for direct charitable purposes and form part of the permanent endowment of the Charity.
The golf course is revalued by Maidstone Borough Council on a five yearly cycle based on market value with the remaining properties being revalued by Maidstone Borough Council on a five year cycle based on market value subject to existing tenancies.
The most recent valuations included in the accounts are as set out below: -
• Cobtree Manor Golf Course (Including clubhouse, messroom/garage) April 2008 • Garden Lodge/Garden Cottage April 2008 • 2 Stream Cottages April 2008 • 3 Stream Cottages April 2008 • 4 Stream Cottages April 2008
Historical Cost Information
201 2 201 1 £ £ Leasehold Land & Buildings 940,688 940,688
21 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
7. Fixed Asset Investments Listed Total Investments £ £
Market Value at 1 st April 2011 1,288,356 1,288,356 Additions Revaluations (24,228) 64,039 Market Value at 31 st March 2012 1,328,166 1,352,395
Net Book Values At 31 st March 2012 1,328,166 1,328,166
At 31 st March 2011 1,352,395 1,352,395
Fixed Asset Investments 2012 2011 £ £ Market Valuation of listed 1,328,166 1,352,395 investments Historical cost information 1,290,000 1,290,000
Breakdown of historical cost information:
2012 2011 £ £
Endowment funds 1,290,000 1,290,000 1,290,000 1,290,000
8. Creditors: Amounts Falling Due Within One Year
Unrestricted Endowment 201 2 201 1 Funds Funds Total Total £ £ £ £ Other creditors - - - 17,912 Accruals & Deferred Income 4,320 - 4,320 4,320 4,320 - 4,320 22,232
22 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
9. Reserves
Restricted Unrestricted Revaluation Permanent Total Funds Funds Reserve Endowmen t £ £ £ £ £ At 1 st April 201 1 - (18,855 ) 495,4 53 2,289,718 2,766,316 Revaluation of property - - - - - Net incoming resources - 100,997 - - 100,997 In crease /(Decrease) in value of investments - (3,364) - (20,864) (24,228) At 31 st March 201 2 - 78,778 495,45 3 2,268,854 2,843,085
Unrestricted Funds These comprise of funds that the trustees are free to use in accordance with the charitable objects.
Restricted Funds These are funds that have been given for particular purposes and projects. The restricted fund relates to:
- The Will Trust Fund, the income from which is used to maintain the rural park. The assets of this fund are held by Cobtree Charity Trust Limited, a separate entity.
Revaluation Reserve The revaluation reserve represents the amounts set aside on revaluation of the land and buildings that are held on trust to be retained for the benefit of the Charity as a capital fund.
Permanent Endowment The endowment fund represents those assets that must be held permanently by the Charity. Income arising on the endowment fund can be used in accordance with the objects of the Charity and is included as unrestricted income. Any capital gains and losses arising on the investments form part of the fund. The assets of the fund are set out below:
23 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
Permanent Endowment Assets
201 2 201 1 £ £ Long Leasehold Land & Buildings 1,436,141 1,436,141 Investments at Market Value (Note 6) 1,328,166 1,352,395 2,764,307 2,788,536
10. Capital Commitments
Details of capital commitments at the accounting date are as follows:
201 2 201 1 £ £ Contracted for but not provided in the financial statements 0 0
11. Related Party Transactions
During the year, transactions with related parties are as follows: -
£ Receipts The Cobtree Charity Trust Limited 22,188
Payments Maidstone Borough Council – Governance 103,859 & Support Costs Maidstone Borough Council – Debt 17,912 Repayment
At 31 st March 2012 £82,175 was owed by Maidstone Borough Council and is included within Debtors.
The Maidstone Borough Council is the Corporate Trustee of the Charity. In addition the Council itself owns part of the land upon which the golf course is built. The accounting arrangements between the Council and the Trust are that the Council is responsible for all receipts and payments for both the golf course and the Manor Park. At the end of each financial year the total net operating surplus or deficit of the Manor Park is transferred to the Trust accounts. For the golf course 7/9ths of the total net operating surplus or deficit is transferred to the Trust accounts, reflecting the split of land ownership. The remaining 2/9ths are shown in the accounts of the Council.
24 APPENDIX A Cobtree Manor Estate
Notes to the financial statements for the year ended 31 March 2012
The Council also employs the Park Ranger at the Manor Park, although the post exists solely for the benefit of the Trust and the cost of this employee is shown in the Trust accounts under the arrangements specified above.
12. Controlling Interest
The Charity is under the control of the Corporate Trustee Maidstone Borough Council.
25 Agenda Item 10
MAIDSTONE BOROUGH COUNCIL
COBTREE MANOR ESTATE COMMITTEE
11 TH July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. Cobtree Manor Park Master Plan Play Area Phase Two
1.1 Issue for Decision
To consider approving the design for the second and final phase of the play area at Cobtree Manor Park (subject to the granting of planning permission).
1.2 Recommendation of the Cobtree Officer
It is recommended;
1.2.1 that the revised play area design as shown in Appendix A is approved by the Committee
and
1.2.2 that officers be authorised to submit a planning application incorporating this design for the play area and with the objective of acquiring planning consent.
1.3 Reasons for Recommendation
1.3.1 The Committee resolved to approve the Master Plan Report of which this play area forms a key part. The play area design in Appendix A referred to in this report has been reviewed by officers and found to offer considerable improvements on the original design endorsed by the Committee.
1.4 Alternative Action and why not Recommended
1.4.1 The original design could be used instead however this is not recommended as it does not offer as much play value as this new design and the finance for this design has been approved by this Committee and in turn by the Charity Commission.
1.5 Impact on Corporate Objectives
1.5.1 None
26
1.6 Risk Management
1.6.1 The risks to the charity from this altered design are no different to the original design. The finances have been approved and all equipment will be installed according to the required safety standards and will be assessed by independent examiners prior to opening.
1.7 Other Implications
1.7.1 1. Financial
2. Staffing
3. Legal
4. Equality Impact Needs Assessment
5. Environmental/Sustainable Development
6. Community Safety
7. Human Rights Act
8. Procure ment
9. Asset Management
1.7.2 There are no further implications resulting from the change of play area design.
1.8 Relevant Documents
1.8.1 Appendices
Appendix A Revised play area design
1.8.2 Background Documents
Cobtree Manor Park Master Plan Report
27
IS THIS A KEY DECISION REPORT?
Yes No X
If yes, when did it first appear in the Forward Plan?
…………………………………………………………………………………………………………………………..
This is a Key Decision because: ………………………………………………………………………..
…………………………………………………………………………………………………………………………….
Wards/Parishes affected: …………………………………………………………………………………..
……………………………………………………………………………………………………………………………..
28 Appendix A
Revised Play Area Design
29
30
Cobtree Manor Park Play Area, phase 2 Design
31
32 Agenda Item 11
MAIDSTONE BOROUGH COUNCIL
COBTREE MANOR ESTATE COMMITTEE
11 th July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. Park Ranger’s progress report
1.1 Issue for Decision
1.1.1 To consider work of the Park Ranger at Cobtree Manor Park.
1.2 Recommendation of the Cobtree Officer
1.2.1 It is recommended that the Committee note the actions taken by the Park Ranger and the future work set out in Appendix A to the report.
1.3 Reasons for Recommendation
1.3.1 The Committee previously resolved to receive a progress report on the work of the Park Ranger at each meeting. Attached at Appendix A is the report for the most recent period.
1.4 Alternative Action and why not Recommended
1.4.1 The alternative course of action is to reject the request for endorsement of the rangers work contained within the report. This is not recommended as the recommendations are in the best interests of the future management of Cobtree Manor Park.
1.5 Impact on Corporate Objectives
1.5.1 The work of the Park Ranger directly supports the achievement of the Charity’s objectives.
1.6 Risk Management
1.6.1 There are no additional risks to the Charity arising from this report.
1.7 Other Implications
33
1.7.1 1. Financial
2. Staffing
3. Legal
4. Equality Impact Needs Assessment
5. Environmental/Sustainable Development
6. Community Safety
7. Human Rights Act
8. Procurement
9. Asset Management
There are no other implications from the work proposed in this report.
1.8 Relevant Documents
There are none.
1.8.1 Appendices
Appendix A - Rangers Progress update May 2012.
1.8.2 Background Documents
Cobtree Manor Park Management Plan
34
How to Comment
Should you have any comments on the issue that is being considered please contact either the relevant Officer or the Member of the Executive who will be taking the decision.
Cllr John A Wilson Cobtree Manor Estate Committee Chairman Telephone: 01622 720989 E-mail: [email protected]
Joanna Joyce Cobtree Officer Telephone: 01622 602719 E-mail: [email protected]
IS THIS A KEY DECISION REPORT?
X Yes No
If yes, when did it first appear in the Forward Plan?
…………………………………………………………………………………………………………………………..
This is a Key Decision because: ………………………………………………………………………..
…………………………………………………………………………………………………………………………….
Wards/Parishes affected: …………………………………………………………………………………..
……………………………………………………………………………………………………………………………..
35
APPENDIX A
COBTREE PARK RANGER’S PROGRESS REPORT MARCH - MAY 2012
1. On-going projects
1.1. Events and activities
The programme of educational guided walks re-commenced in April. Cold wet weather resulted in some low attendance, however, the family wildlife events were very popular as was the first one of the four zoo walks arranged for 2012; the remaining three zoo walks are booking up fast which reflects the high local interest in the subject. These are now fully booked.
1.2. Community involvement
Volunteer work is on-going. The student placement has been suspended for reasons unrelated to Maidstone Borough Council.
With the help of local horse riders, temporary trail markers have been designed and placed along the circular Cobtree bridleway.
1.3 Publicity and marketing
The Cobtree leaflet which includes the diary of events has been published (3,000 copies) and distributed to outlets in Maidstone and Medway. The events are listed on several websites including BBC ‘Things to Do’ and in free local publications.
The draft of the new Cobtree Manor Park webpage is with the Parks Team for comments and amendments.
Kent Messenger and Downsmail have published articles on proposed improvements to the park and on the proposed cycle path between the park and the river Medway.
The Cobtree monthly newsletter is now emailed to a number of interested stakeholders such as local councillors, parishes, CCTL and others, as well as appearing on the park notice boards.
2. Park maintenance and development – work completed or on-going
• installation of the “7 Ages” sculpture by Will Glanfield, donated by KCC, followed by the official unveiling on 23 April
• installation of a safety rail by the Wildlife Pond
36
• coppicing of several overgrown Cherry Laurel bushes as part of renovation of shrubberies and opening of sight lines
• defining the edges of several island shrubberies in order to create more formal and maintained appearance
• seasonal tree maintenance (removal of deadwood and/or low branches)
• maintenance of sight lines within the woodland area
• grass cutting following a new routine (the North Team in cooperation with the Cobtree Team)
• Cobtree Ranger and Parks Technical Officer visited Capstone Country Park and consulted with its manager
3. Work planned for the summer period:
• discussing with the Parks the draft of Cobtree Management Plan, updated for 2012-14
• labelling selected arboretum trees
• drafting arboretum leaflet
• updating Cobtree webpage
• contributing to the park improvement project
• continuing the routine maintenance and the programme of events
37 Agenda Item 12
MAIDSTONE BOROUGH COUNCIL
Cobtree Manor Estate Charity Committee
11 th July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. COBTREE MANOR ESTATE – RISK MANAGEMENT
1.1 Issue for Decision
1.1.1 To consider if amendments need to be made to the Risk Assessment for the operation and management of the Charity.
1.2 Recommendation of the Cobtree Officer
1.2.1 It is recommended that the Risk Assessment documents attached as Appendices A and B to the report be endorsed.
1.3 Reasons for Recommendation
1.3.1 The Committee resolved to review the risks associated with the operation and management of the Charity on an annual basis.
1.3.2 The Risk Assessment document used in the past is attached at Appendix A. Officers have reviewed the document, modified it as necessary, and now recommend it for endorsement.
1.3.3 Appendix B is a Risk Assessment for the Master Plan project Officers have reviewed the document, modified it as necessary, and now recommend it for endorsement.
1.3.4 The greatest level of activity generating most risk to the wellbeing of the Charity is the implementation of the Master Plan and the repayment of reserves that have been drawn down to pay for this. With careful financial and operational supervision of the project the risks should be minimized sufficiently to justify the improvements to the park that this will bring.
1.3.5 The second biggest risk to the wellbeing of the Charity is the operation and management of the Cobtree Manor Park Golf Course. The Partnership Board, which was put in place at the
38
beginning of the new management contract to review and monitor the performance of the contractor, has met quarterly as envisaged. This has ensured that the contractor has continued to work well up to expectation and continues to develop a successful facility.
1.4 Alternative Action and why not Recommended
1.4.1 The alternative course of action is to change the format and/or content of the document, but this is not considered necessary.
1.5 Impact on Charity Objects
1.5.1 The essence of the risk assessment is to ensure that the Charity continues to operate effectively within the terms of its objects and the obligations set out in the 1971 Lease.
1.6 Impact on Corporate Objectives
1.6.1 None.
1.7 Risk Management
1.7.1 Failure to manage the risks as set out in this report could result in the failure to fulfill the objects of the Charity and the loss of the Charity’s assets.
1.8 Other Implications 1.8.1 1. Financial
1. Staffing
2. Legal
3. Equality Impact Needs Assessment
4. Environmental/Sustainable Development
5. Community Safety
6. Human Rights Act
7. Procurement
8. Asset Management
39
1.8.2 There are no other implications outside the normal operations of the Estate Committee.
1.9 Relevant Documents
1.9.1 Appendices
Appendix A Risk Assessment May 2012 Appendix B master Plan Risk Assessment
1.9.2 Background Documents
Cobtree Manor Park Master Plan Report
IS THIS A KEY DECISION REPORT?
Yes No X
If yes, when did it first appear in the Forward Plan?
…………………………………………………………………………………………………………………………..
This is a Key Decision because: ………………………………………………………………………..
…………………………………………………………………………………………………………………………….
Wards/Parishes affected: …………………………………………………………………………………..
……………………………………………………………………………………………………………………………..
40
APPENDIX A
Risk Assessment May 2012
41 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 5 of 19
Risk Management: Scenario
Risk No. Risk Type: Vulnerability: Risk: Consequences: 1. Strategic § Ability to fulfill the objects of the § Failure to fulfill objects. § Intervention by the Charity Commission. Charity. § Forfeiture of lease to Cobtree Charity Trust Limited. 2. Governance § Appropriateness of decisions. § Conflict of interest with role of local § Intervention by the Charity Commission. authority. § Forfeiture of lease to Cobtree Charity Trust Limited. 3. Operational § Contractor(s) performance of services. § Contractor defaults on the contract. § Reduced visitor numbers. § Inadequate staff resources. § Claims for compensation. § Major breach of safety regulations/site not § Long term damage to course. safe to allow public access. § Inability to maintain levels of service. § Reduced income from golf course. 4. Financial § Level of financial resources to maintain § Reduced income from investments. § Reduced investment in buildings and services. § Adequacy of monitoring procedures. infrastructure. § Inability to pay back reserves. § Reduced endowment fund.
5. External § Public perception of service provision. § Poor or inappropriate publicity. § Reduced visitor numbers and revenue. § Climatic conditions. § Extreme conditions leading to loss of play. § Increased vandalism and miss-use of facilities. 42 6. Legal § Compliance with requirements of the § Conflict of interest with role of local § Intervention by the Charity Commission. Charity Commission. authority. § Forfeiture of lease to Cobtree Charity § Compliance with requirements of the Trust Limited. lease. § Failure to comply with requirements of § Claims for compensation. lease.
Risk Management – Risk Profile Assessment
The risks have been mapped against a typical appetite for risk. The Assessment has been prepared in the context of the Charity’s key objectives; with the risks, at this stage, having not been mitigated.
The vertical axis shows the likelihood of an occurrence:
A = very high; B = high; C = Significant; D = low; E = very Low and F = almost impossible
The horizontal axis shows impact of an occurrence:
I = catastrophic; II = critical; III = marginal and IV = negligible
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 6 of 19
A
L I K B E L C I H O D O D E
F 43 IV III II I
IMPACT The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 7 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
1. Failure to fulfill the objects of the Charity. E.I F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Requirement to § Do not provide an § Specific reference § Cobtree Officer/ § Reference included § Each meeting of the § Committee meeting consider objects audit trail. to charitable objects officers submitting in all reports. Committee. dates. when preparing in all reports. reports. reports for Committee.
44 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 8 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
2. Conflict of interest with the role of the local authority. D.II F.III
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Specific Committee § Gives clear focus to § Reinforce § Cobtree Officer/ § Separation § Annually. § June/July. to consider Cobtree Cobtree issues. separation Council officers/ acknowledged and issues in detail. whenever possible. Members. reinforced.
§ Memorandum § Reminds all § Reinforce § Cobtree Officer/ § Separation § Annually. § June/July.
45 prepared and Members and separation Council officers/ acknowledged and distributed to all Officers to bear in whenever possible. Members. reinforced. Members and mind special Senior Officers. circumstances applying to Cobtree.
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 9 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
3a. Contractor defaults on the contract. D.II E.III
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Regular review § Ensures sensitivity § Continue with § Contract § Contractor § Quarterly. § January, April, July meetings to develop to, and regular meetings. monitoring Officer/ performing to and October. partnership understanding of, partnership Board. contract working and early operating specification identification of environment. profitably. problems.
46
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 10 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
3b Inadequate staff resources provided by contractor. D.II E.III
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Regular review § Ensures sensitivity § Continue with § Contract § Contractors staffing § Quarterly. § January, April, July meetings to develop to, and regular meetings. monitoring Officer/ levels to required and October. positive working understanding of, partnership Board. standard to meet relationship and operating customer early identification environment. expectations. of problems. § Ensuring
47 management plan objectives are met.
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 11 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
3c. Major breach in safety regulations site not safe to allow public access. D.II F.II
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Regular meetings to § Safety concerns § Reinforce safety § Contract § No breaches in § Quarterly. § January, April, July monitor contractor discussed during concerns at Monitoring safety occur. and October. performance. partnership partnership Officers/ meetings. meetings. Partnership Board.
§ Individual risk § Regular review of § Contractor/ § Risks managed § Annually. § March. assessments for all risk assessments. Contract appropriately. activities. Monitoring Officers. 48 § Visual inspection § Relies on contractor § Regular inspections § Cobtree officer/ § No unsafe § Quarterly. § January, April, July by contract staff. by monitoring staff. Council Officers. situations arise. and October. operatives as they carry out their duties.
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 12 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
3d. Contractor receiving reduced income from Golf Course. D.II E.III
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Receive regular § Relies on contractor § Regular income § Contract § Income maintained § Quarterly. § On-going. income reports information. reports to meetings Monitoring Officer/ at projected levels. from contractor. of the Partnership Partnership Board. Board.
49 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 13 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
4b. Reduced income from investments. E.III F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Investments with § Low risk option. § Monitor § Corporate Finance § Good return on § Annually. § March. Chari-Fund. performance of Officer. investments. Fund.
50 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 14 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
4c. Tenants defaulting on rental payments. E.III F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Legally binding § Fully drafted lease. § Monitor rental § Corporate Finance § Rent paid up to § Quarterly. § January 1 st lease agreement income receipts. and Property date. § April 1 st permitting legal Procurement § July 1 st action to be taken if Officers. § October 1 st arrears accrue.
51 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 15 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
4d. Adequacy of monitoring procedures. C.II E.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Regular monitoring § Service standards § Balance monitoring § Contract § Required customer § Quarterly. § On-going. of service standards maintained as per effort to level of monitoring Officer/ satisfaction scores. and audit of the contract. risk. Partnership Board. customer survey responses.
52 The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 16 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
5a. Poor or inappropriate publicity. D.III F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § None. § Publicity is § Regular reporting § Contractor § No negative reports § When required. § On-going. § Newsletters are managed where of any known operatives/ contract in the press or checked by the appropriate. incidents or monitoring officer/ media. Cobtree Officer and unwanted activities. Cobtree Officer. § Dealing with the incidents as quickly Communications as possible. team before going
53 out.
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 17 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
5b. Extreme climatic conditions. B.II D.III
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Golf course closure § Minimises § On-going review in § Contractor/ § Minimal impact on § On-going. § On-going. procedure. unnecessary wear response to Contract course playability. and tear of greens anticipated threat. Monitoring Officer. and tees.
§ Enhanced § Minimises § On-going review in § Contractor/ § Minimal impact on § On-going. § On-going. maintenance unnecessary wear response to Contract course playability operations. and tear of greens anticipated threat. Monitoring Officer. and park usage. and tees and park.
54
The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 18 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
6a. Conflict of interest with role of local authority. C.II F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Separate § Ensures a clear § Need to reinforce to § Cobtree § No blurring § On-going. On-going. Committee to focus on Charity both Members and Officer/Senior between the consider items in issues. Officers the clear Solicitor/ respective roles of detail. distinction between Committee the Council acting local authority and Members. as local authority Charity issues. and as Charity.
55 § Appointment of § Provides clear § Reinforce § Committee. § No blurring § Annually December. Cobtree Officer. separation of independency of between the officer roles. role. respective roles of the Council acting as local authority and as Charity. The Charity known as Cobtree Manor Estate – Risk Assessment May 2012 APPENDIX A Page 19 of 19
Risk Management: Action Plan
Risk Description: Current Risk Score Target Risk Score No.
6b. Failure to comply with the requirements of the lease. E.II F.IV
Controls already in Adequacy of controls Required action Responsibility Critical success Review period Key dates place factors § Lease requirements § Gives focus to § Review of Asset § Cobtree Officer. § Compliance with § Annual. § July. included as property matters. Management Plan. requirements of appropriate in lease. reports.
56 Appendix B Master Plan Risk Management Action Plan June 2012
Risk Risk Type: Vulnerability: Risk: Consequences: No. 1. Operational § Contractor(s) performance § Contractor defaults on the § Reduced visitor numbers. of services. contract. § Inability to finish project.
2. Financial § Level of financial resources § Reduced income from § Reduced investment in to complete project. investments, leading to buildings and infrastructure. difficulty in repaying the § Inability to finish project. endowment. § Increased project costs. § Adequacy of monitoring
57 procedures.
3. External § Pu blic perception of service § Poor or inappropriate § Reduced visitor numbers provision. publicity. and revenue. § Climatic conditions. § Extreme conditions leading to § Increased vandalism and delay in completion of works. misuse of facilities. § Long term damage to reputation of park and charity.
4. Legal § Compliance with § Conflict of interest with role of § Intervention by the Charity requirements of the Charity local authority. Commission. Commission. § Claims for compensation.
Risk Description: Current Risk Score Target Risk Score No.
Failure of contractors to complete project on time and on 1a. DIII EIV budget.
Controls Adequacy of Required Responsibility Critical Review Key dates already in controls action success period place factors § Project § Acceptable § Regular § Cobtree § Regular § Each § Project board manager and for project in meetings Officer meetings meeting of meetings and project board early stages. with Parks and with Project the project Committee in place. contractors Leisure Sponsor. board. meeting 58 as project manager and § Email dates. progresses. Project updates for Manager. Committee.
Risk Description: Current Risk Score Target Risk Score No.
Disruption to normal service operations due to works being 1b. DIII EIII undertaken.
Controls Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Project § Acceptable § Regular § Cobtree § No § Each § Fortnightly manager and but ongoing meetings Officer complaints fortnightly meetings. Cobtree monitoring is with and Project received site meeting.
59 Officer to required and contractors Manager regarding monitor. will depend as project works from on the extent progresses. staff or of works. § Regular public. meetings with Ranger and other onsite users such as Cobtree Cabin to monitor.
Risk Description: Current Risk Score Target Risk Score No.
2a. Insufficient financial resources needed to complete project. EII FIV
Con trols Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Project § Acceptable § Regular § Cobtree § Regular § Each meeting § Project board manager and but ongoing meetings Officer meetings of the project meetings and project board monitoring is with and Project with Project board. Committee in place to required. contractors Manager Sponsor. § Each meeting monitor as project Committee dates. budget. progresses. Meeting. 60 § Regular reporting of financial position to project board.
Risk Description: Current Risk Score Target Risk Score No.
2b. Insufficient financial resources to repay endowment. EII FIV
Controls Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Senior § Acceptable § Regular § Senior § Usual § Each § Committee Accountant but ongoing financial Accountant. financial Committee meeting monitoring monitoring is updates on updates for Meeting. dates.
61 repayments required. the Committee. and the endowment drawing repayments down of as part of the finances only normal when reporting needed. system.
Risk Description: Current Risk Score Target Risk Score No.
Disruption to normal service provision due to works being 3a. CIII EIV undertaken, leading to poor public perception.
Controls Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Project § Acceptable § Regular § Cobtree § No § Each § Fortnightly manager and but ongoing meetings Officer complaints fortnightly meetings. Cobtree monitoring is with and Parks and received site meeting. § Completion Officer to required and contractors Leisure regarding § Each dates for monitor. will depend as project Manager works from Committee each phase. on the extent progresses. staff or meeting. 62 of works. § Regular public. meetings § Regular with Ranger publicity and other events onsite users § Updating the such as Committee Cobtree on the Cabin to progress of monitor. works. § Regular publicity updates as project progresses.
Risk Description: Current Risk Score Target Risk Score No.
3b. Disruption to works caused by extreme climatic conditions. EIII FIV
Controls Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Project § Minimises § Regular § Project § No § Each § Fortnightly manager and disruption meetings Manager complaints fortnightly meetings. Site and damage with received site meeting.
63 manager and to site contractors regarding Ranger to through and Ranger works from monitor. management as project staff or of site and progresses. public. project. § Damage due to poor weather minimised.
Risk Description: Current Risk Score Target Risk Score No.
Failure to comply with the requirements of the Charity 4. EIV FIV Commission.
Controls Adequacy of Required Responsibility Critical Review period Key dates already in controls action success place factors § Senior § Adequate § Regular § Cobtree § No § Cobtree § Monthly . Solicitor to given regular meetings Officer complaints Officers ensure monitoring of with Project § Senior received from Meetings. Master plan Master Plan Manager to accountant the Charity meets works. ensure § Senior Commission objects of project sticks Solicitor § Project 64 the charity. to Master completed § Cobtree Plan. according to Officer to § Regular Master Plan. ensure updates from Master plan the Senior as agreed by Accountant the to ensure Committee is endowment followed. is repaid on schedule.
Agenda Item 13
MAIDSTONE BOROUGH COUNCIL
COBTREE MANOR ESTATE COMMITTEE
11 TH July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. ASSET MANAGEMENT PLAN – 2011/14
1.1 Issue for Decision
1.1.1 To approve the draft Asset Management Plan for the period 2011/14.
1.2 Recommendation of the Cobtree Officer
1.2.1 It is recommended that;
1.2.1.1 The Asset Management Plan attached as Appendix A to this report be endorsed
and
1.2.1.2 all future asset management reports are brought to the Committee in the autumn of the relevant report cycle.
1.3 Reasons for Recommendation
1.3.1 Members of the Committee previously resolved to carry out an annual review of the Charity’s Asset Management Plan using appropriate data extracted the from the Council’s own plan. A full review was conducted in the spring of 2012 by the Property section of Maidstone Borough Council and will be repeated on a 3 yearly schedule, with an annual update. Data relating to the Cobtree properties from the 2012 review will be extracted in due course.
1.3.2 It is recommended that the data from the 2012 review be brought before the Committee in the autumn and that future asset management reports are scheduled for the autumn to enable up to date data to be included.
65
1.3.3 Set out in the attached Appendix is the draft plan for the period 2011/14 (updated in 2012). The plan is presented for Members consideration.
1.4 Alternative Action and why not Recommended
1.4.1 The alternative course of action is to leave the Asset Management Plan within the Council’s overall plan, but this is not recommended as it does not sufficiently emphasise the distinct separation of consideration which must be given to charity matters relating to the Cobtree Manor Estate.
1.4.2 In addition Asset Management reports could continue to be brought in the summer. This is not recommended as the data will always be slightly out of date.
1.5 Impact on Charity Objects
1.5.1 The Asset Management Plan assists the Charity to focus on the appropriate use of its assets to achieve its stated objectives.
1.6 Risk Management
1.6.1 Inappropriate management of the Charity’s assets may risk a challenge from the Charity Commission.
1.7 Other Implications
1.7.1 Financial X
Staffing
Legal
Social Inclusion
Considerations for Disabled Persons
Environmental/Sustainable Development
Community Safety
Human Rights Act
Procurement
1.7.2 Cobtree Golf Course and Cobtree Manor Park both have property maintenance budgets and regular works are planned within
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these. Any works that are unusual or out of the jurisdiction of officers will be brought before the Cobtree Manor Estate Committee for prior approval.
Background Documents
Maidstone Borough Council Asset Management Plan.
NO REPORT WILL BE ACCEPTED WITHOUT THIS BOX BEING COMPLETED
Is this a Key Decision? Yes No
If yes, when did it appear in the Forward Plan? ______
Is this an Urgent Key Decision? Yes No
Reason for Urgency
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Appendix A
THE CHARITY KNOWN AS COBTREE MANOR ESTATE
ASSET MANAGEMENT PLAN
2011 – 2014
(2012 update)
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INTRODUCTION
1.1 The Charity known as Cobtree Manor Estate (“the charity”) holds land and buildings under the terms of its 1971 lease from the Cobtree Charity Trust Limited for the benefit of local residents and other members of the general public, and primarily for use as public open space.
1.2 The property assets which it holds are defined for the purpose of this plan as the buildings and other structures, and various parcels of land on the former Cobtree Estate; these to include items of building related plant and equipment where appropriate. The Asset management plan is reviewed every 3 years by the Property section of Maidstone Borough Council.
1.3 The object of this Asset Management Plan is to provide the Charity with:
(a) A clear definition of operational responsibility for the management of its assets in line with the policies and strategic direction of the Charity. (b) An assurance that the assets are suitable for the purposes for which they are required. (c) A performance measurement system which relates to the objects of the Charity.
2. CONTEXT
2.1 The management of the Cobtree Manor Estate (“the Estate”) is the essential reason for the existence of the Charity. However, there are a number of properties on the Estate which do not directly support the objects of the Charity, but which form part of the portfolio of assets generating a level of revenue income.
2.2 Under the terms of its 1971 Lease the Charity exists essentially to provide public open space as defined by the Open Spaces Act 1906. A proportion of the Estate was appropriated in 1975 for use as a public Pay and Play Golf Course. However, both elements of the Estate fall under the auspices of the Charity and are managed as a single entity.
2.3 The Maidstone Borough Council, acting in its capacity as a local authority, contributed towards the development of the golf course through the purchase of additional land and additional funding; it thus retains a direct interest in the operation of the golf course proportionate to the amount of land it owns (identified as a ratio of 2/9’s:7/9’s).
2.4 The Charity has completed a review of options for the future development of the Estate designed to increase the number of visitors to the site consistent with the basic objects of the Charity; this will result in the management of some assets changing over the period of this plan when the necessary financial resources become available and
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the facilities are developed.
3. STRATEGIC OBJECTIVES
3.1 The Strategic Objectives of the Charity are those defined in the lease of the Cobtree Estate dated 13 th July 1971 from the Cobtree Charity Trust Limited; namely:
(a) “To hold Cobtree Manor and Cobtree Manor Estate for the benefit of the inhabitants of Maidstone and other members of the general public in one or other or all of the following ways:
(a) By maintaining the Cobtree Manor Estate as an open space as defined by the Open Spaces Act 1906 and if the lessees think fit providing thereat facilities for organised games and other sports”.
(b) With the consent of …[Cobtree Charity Trust Limited and Kent County Council]… in such other way for the benefit of the inhabitants of Maidstone and other members of the general public as the Council shall from time to time think appropriate.”
3.2 The strategic objective of this Asset Management Plan is to ensure that:
(a) Where appropriate, the asset portfolio supports the objects of the charity; and
(b) The assets are demonstrably managed in the most economic, efficient and effective manner.
3.3 The asset management plan seeks to put into place procedures and monitoring arrangements to ensure that the available assets are:
(a) In good condition to provide an appropriate experience for the visitor and user, and bearing in mind general obligations under health and safety legislation;
(b) Suitable for the purpose for which they are being retained;
(c) Maintained to minimise reactive maintenance through the implementation of judicious planned maintenance arrangements; and
(d) Managed to mitigate the impact on climate change.
3.4 All non-operational assets are viewed in the context of:
(a) Making the maximum contribution to the revenue budget through rental income; and/or
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(b) Making a positive contribution to the social wellbeing of the community through its use by voluntary groups, charitable organisations or small businesses.
3.5 Should the situation arise where assets are considered for acquisition they should contribute to the achievement of the Charity’s objects.
4. ORGANISATIONAL AND FINANCIAL ARRANGEMENTS
4.1 All decisions relating to the management of the Charity’s assets must be considered by the Cobtree Manor Estate Charity Committee acting for the Maidstone Borough Council in its capacity as Corporate Trustee.
4.2 The appointed Cobtree Officer is responsible to the Committee for:
(a) Developing the Asset Management Plan in consultation with appropriate property professionals within the Maidstone Borough Council;
(b) Ensuring that the plan and its implementation adhere to the objects and clearly stated policies of the Charity;
(c) Ensuring that the plan is co-ordinated with the medium term financial strategy of the Charity; and
(d) Reporting to the Committee at least annually on the performance of the property portfolio measured against the agreed indicators.
4.3 The Corporate Property Officer of the Maidstone Borough Council will be responsible for providing appropriate advice and guidance to the Committee on the development and implementation of the Asset Management Plan.
4.4 The Corporate Property Officer of the Maidstone Borough Council is responsible for:
(a) Implementing the agreed works identified within the Asset Management Plan, and for which financial provision is made within the Charity estimates; and
(b) Providing estimates for future works and budgetary control to ensure that works are completed within the allocated budget.
4.4.2 Land and buildings will be re-valued on a five-yearly cycle. No depreciation will be provided on the buildings as this is considered immaterial due to the estimated useful life and level of residual value. Impairment will be provided as necessary, and impairment reviews will be carried out when there are any indicators of impairment. The valuation will use an assessed market value; meaning that the valuation will be arrived at by reference to the rental income where appropriate; as in the case of the golf course clubhouse, for example. The regular reviews will be conducted by the Council’s Corporate
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Property Officer using the CIPFA/RICS method of valuation.
5. THE CURRENT PORTFOLIO
5.1 A summary of the value of the Charity’s property assets as at 31 st March 2012 (excluding fixtures and fittings, plant and machinery) is shown at Appendix I .
5.2 The Charity’s portfolio of Assets was acquired under the July 1971 lease from the Cobtree Charity Trust Limited. Although unregistered at the time of acquisition all land and property on the Estate is now registered with the Land Registry.
5.3 The schedule of assets is shown in Appendix II .
5.4 The Maidstone Borough Council, primarily acting in its capacity as the local authority, undertook a condition survey of all its assets in 1999, including those of the Charity, and this was updated in 2002. This condition survey is updated annually by reference to the property maintenance programme and this helps to determine the planned maintenance requirements for future years. A full review of the condition survey for each property is carried out every 5 years on a rolling programme. The Charity’s assets are included in the Council’s overall portfolio but are shown separately.
5.5 Similarly, Maidstone Borough Council’s Property Management System is used to maintain a register of its assets, including those of the Charity. The monitoring system allows condition surveys to be recorded, direct expenditure to be monitored, plant and equipment to be listed; in this way progress on contracted works can be monitored more accurately. The system includes supplemental information regarding plant and equipment renewal dates, survey results for asbestos and legionella and, as appropriate, entries from the contaminated land register. The objective is to ensure that a more co- ordinated approach is given to the management of the Council’s assets and, more importantly in this context, to those of the Charity.
6. SERVICE DELIVERY & ACCOMMODATION NEEDS
6.1 The Charity is committed to making the best use of its available resources within the context of its charitable objects. A key to achieving this is a more strategic approach to the identification of priorities and the associated deployment of resources.
6.2 A review programme is used to challenge the use of each asset and to focus on improving the facilities provided.
6.3 This approach includes an assessment of the suitability of each asset for its agreed purpose, a condition survey and a review of expenditure on maintenance and running costs. Where appropriate there is an assessment of the potential cost of bringing each asset up to an appropriate standard for its intended use.
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6.4 The assessment helps identify investment priorities by comparing each asset’s suitability for its current use against the amount of investment needed to bring the building to an appropriate standard:
High S Low priority for Target for investment + U investment. programme of energy I reduction measures. T A B I Consider for re-use or Consider for disposal L possible disposal. I T Y Low Low High
INVESTMENT NEED
6.5 In assessing the suitability of each asset for its current use it is suggested that, where appropriate, the views of the public or specific user groups be taken into consideration.
6.6 It is important that when considering any investment proposals the whole life-cycle of the asset be taken into consideration.
6.7 The future use of assets and the long term planning of capital expenditure will need to be considered in association with, and thus modified by, the development proposals which the Charity as now considered for the Estate.
7. NON-OPERATIONAL AND INVESTMENT PROPERTY
7.1 No property assets are currently held for purely investment purposes. However, a number of dwellings which are found on the Estate are leased on a medium term basis, with further consideration required on their long term use when the existing leases expire.
8. GOVERNMENT POLICY AND STATUTORY RESPONSIBILITIES
8.1 There are a number of governmental policies and other statutory responsibilities placed on the management of the Charity’s assets; these are set out below:
8.2 The Disability Discrimination Act 1995 places an obligation on service providers to adjust service delivery and the physical condition of their premises to overcome access barriers. Although adjustments have been made, the situation will be monitored to determine whether further works are required.
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8.3 The Control of Asbestos at Work Act 2000 places an obligation on responsible bodies to plan for the management of asbestos in its premises.
A survey was carried out with only very minor instances of asbestos found; no immediate works were required.
8.4 The Environmental Protection Act 1990 requires local authorities to inspect its area for contaminated land and to have a strategy for identifying, classifying and remediation of such land.
No concerns have been raised by either Maidstone Borough Council or Tonbridge and Malling Borough Council; although some former quarrying and industrial activities took place on adjoining land.
8.5 The Control of Substances Hazardous to Health Regulations 2002 requires service operators to adopt policies for the control and management of legionella in water systems.
The Golf Course clubhouse remains the only area of concern. Remediation works were carried out in the financial year 2006-07 and the situation continues to be monitored.
8.6 The Regulatory Reform (Fire Safety) Order 2005 came into effect in October 2006 and replaced over 70 pieces of fire safety law. The Order applies to all non-domestic premises in England and Wales. Under the Order, the Council is responsible for carrying out a fire safety risk assessment of its premises and implementing and maintaining a fire management plan. These were last carried out in 2010 and are reviewed annually.
9. PERFORMANCE MANAGEMENT
9.1 The Council as local authority collects property performance data for comparative purposes. Although not entirely appropriate for the Charity’s purpose, the data is useful in giving comparison over time.
10. THE ENVIRONMENT
10.1 The Council acting as local authority is pursuing a Climate Change Plan. Although it is not necessary for the Charity to do so, specific aspects may be worthy of consideration which relate to the better management of the Charity’s assets and contribute to a wider environmental benefit.
10.2 In adopting the intent of a Climate Change Plan the Charity seeks to reduce the environmental impact of activities through pursuing energy efficiency in the design, maintenance and management of its buildings, pursuing energy conservation measures and the use of renewal energy. For example, energy from a renewable source is currently used at the Cobtree Manor Park Golf Course Clubhouse.
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10.3 The Golf Course clubhouse at Cobtree is also included in the Council’s energy audit programme. Improvements, such as water conservation and improved lighting, have been identified and will be addressed through the future planned maintenance programmes.
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APPENDICES
(i) Summary of Asset Values
(ii) Schedule of Assets
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APPENDIX I
SUMMARY OF ASSET VALUES Net book Values as at 31 – 03 – 2012
Operational Non- operational Code Property Land & Infrastructure Buildings B32 Cobtree Golf Course 1,044,836 - - B33 Cobtree Rural Park - - - - Garden Cottage 97,273 - 2 Stream Cottages 98,980 - 3 Stream Cottages 100,872 - 4 Stream Cottages 94,180 Total: 1,436,141 - -
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APPENDIX II Schedule of Assets
Description: Current Use:
1 Westfield Wood (part) 13.3 acres of woodland sub -leased to the Kent Wildlife Trust to be used for woodland management and associated educational purposes. Lease dated 18 January 1977 for 5 years and year to year thereafter.
2 Tyland Farm 2.6 acres of land subleased to the Kent Wildlife Trust for use as a headquarters building and study/visitor centre. Leased dated 6 July 1992 for 125 years.
3 Cobtree Manor Park Golf Course 88.31 acres of land Appropriated under Section 120 of the Local Government Act 1972 for the purpose of providing a municipal pay and play golf course and associated facilities.
4 Cobtree Manor Park 50.82 acres of land used as a public open space with extensive and varied planting of trees and shrubs; includes a picnic area, car parking and toilet facilities.
5 Cobtree Manor House House and associated buildings on 2.775 acres of land sold leasehold as private dwelling on 31 July 2000. Enfranchisement of the freehold completed August 2004. Garage and stables owned separately and redeveloped as cottages restricted for holiday lets use only.
6 Forstal Villa Property and garden on 0.2459 acres of land sold leasehold on 16 February 1987 for a period of 125 years from 1 April 1986 under assumed application of the “Right to Buy” legislation. Lease subsequently extended to remainder of Council’s term minus 5 days.
7 Water Bore Hole 0.5 acres of land sub -leased to the Mid Kent Water company for water extraction purposes. Leased dated 6 January 1995 for 125 years.
8 Travis Perkins Land 1.35 acres of land sub-leased to Travis Perkins Limited as an extension to an area used for the storage of materials.
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Lease dated 14 July 1993 till 9 July 2970.
9 Museum of Kent Life 23.35 acres of land sub -leased to the Kent County Council and further leased to the Cobtree Museum Trust for Museum purposes. Leased dated 1 April 1992 for 125 years. Further sub-lease agreed to Continuum for period of 25 years from 1 February 2008.
10 Museum of Kent Life – North 23.44 acres of land sub-leased in part to Paddock the Kent County Council and further leased to the Cobtree Museum Trust for 125 years from 31 March 1994 for the future development of Museum exhibits. Included in further sub-lease to Continuum
11 Land North of Forstal Road 4.819 acres of unused land substantially affected by the M20 road widening scheme. Let under a two-year grazing tenancy agreement, the current agreement expires 3/6/2013.
12 Chatham Lodge Property in derelict condition on 2.889 acres of land badly affected by the M20 road widening scheme. Sold freehold to adjoining land owner on 27 November 2008.
13 1 Stream Cottages 0.2616 acres of land and house sold leasehold remainder of Council’s term minus 5 days from 27 August 2003.
14 2 Stream Cottages 0.1423 acres of land and house subleased to occupant for 22 years from 1 April 1995.
15 3 Stream Cottages 0.1435 acres of land and house subleased to occupant for 22 years from 8 December 1998.
16 4 Stream Cottages 0.3437 acres of land and house subleased to occupant for 22 years from 12 December 1998. (the tenant is due to surrender the lease as of July 2012).
17 1 White Cottage 0.2184 acres of land and house sold leasehold for remainder of Council’s term minus 5 days from 9 December 2002.
18 2 White Cottages 0.32 acres of land and house sold leasehold at auction for remainder of
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Council’s term minus 5 days from 14 March 2002.
19 Gate Lodge, Forstal Road 0.147 acres of land and house sold at auction on 21 September 2007.
20 Garden Lodge 0.2723 acres of land and cottage sublease for residential purposes from 6 February 1998 for 22 years.
21 Sandling Farm House and land subleased to the Kent County Council and further lease to the Cobtree Museum of Kent Life Trust. Included in further sub-lease to Continuum.
22 Tyland Farm House 0.2905 acres of land and house subleased to Kent Wildlife Trust co- terminus with lease on Tyland Barn.
23 Keepers Cottage Property demolished in 1995 to facilitate the restructuring of the 18-hole golf course following amendments resulting from the M20 road-widening scheme.
24 Catering Kiosk Current lease to Marion Wyatt, lease expires 31/5/2014.
25 Elephant House Currently un-used.
26 Llama House Currently available as informal picnic shelter for park users.
27 Golf Course Clubhouse Use of premises included in Golf management contract.
28 Golf Course Grounds Occupation of premises included in Golf Maintenance Building management contract.
29 Golf Course Clubhouse Flat Included in Golf Management Contract to facilitate on-site presence.
80 Agenda Item 14
MAIDSTONE BOROUGH COUNCIL
Cobtree Manor Estate Committee
11 th July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. A report on the proposed designation of Westfield Wood as a Local Nature Reserve
1.1 Issue for Decision
1.1.1 To consider a proposal from Kent Wildlife Trust (KWT) that the section of Westfield Wood leased by KWT from Maidstone Borough Council be put forward for designation as a Local Nature Reserve.
1.2 Recommendation of the Cobtree Officer
1.2.1 That the Committee approves the request of Kent Wildlife Trust to apply for designation as a Local Nature Reserve for the section of Westfield Wood that KWT leases from Maidstone Borough Council in its capacity as corporate Trustee for the registered charity known as Cobtree Manor Estate.
1.2.2 To authorise the Head of Legal services to prepare and sign the documentation required for Local Nature Reserve designation in association with Kent Wildlife Trust.
1.3 Reasons for Recommendation
1.3.1 On the 27 th February 2008 Maidstone Borough Council designated an area of land known as Boxley Warren as a Local Nature Reserve. The Boxley Warren site is shown edged in red on the attached plan, Appendix 1 . Since designation Boxley Warren has been visited and used as a Local Nature Reserve, and the site includes that part of Westfield Wood which lies immediately to the south east of the site currently leased to KWT.
1.3.2 Under an Agreement dated 18 th January 1977 KWT leases a section of Westfield Wood (about a 13.3 acre site, shown edged red on the attached plan, Appendix 2) from Maidstone Borough Council in its capacity as the corporate trustee for the registered charity known as
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the Cobtree Manor Estate and on a year to year lease for a nominal sum of rent at twenty five pounds per annum to exercise their objectives and two pounds per annum ground rent. Since 18 th January 1977 KWT has maintained and managed the site at its own cost.
1.3.3 The whole of Westfield Wood is part of an internationally important Yew woodland complex. Local Nature Reserve designation will help to protect this landscape and raise its status as an important area for conservation locally.
1.3.4 Local Nature Reserve Designation will help KWT to apply for funding from Europe to protect and manage the wood and will link the site currently leased to KWT to the adjacent section of Westfield Wood and Boxley Warren that is already designated as a Local Nature Reserve further creating a large area of protected landscape along the North Downs.
1.3.5 Such designation could help protect further the site by enabling Bylaws to be introduced. This could help protect the site from damage for example by prohibiting the use of motorbikes, mountain trail push bikes and cars in the woodland.
1.3.6 Designation will not alter the way the site is used by the public, open access is an important part of designation as a Local Nature Reserve. Because of the importance of the habitat the site will never be able to be put to another use.
1.4 Alternative Action and why not Recommended
1.4.1 The alternative is to not allow Kent Wildlife Trust to apply for Local Nature Reserve status for the wood. This is not recommended as designation could provide positive benefits for the woodland and the public visiting it. Designation could help with managing the existing problems of use by bikes and motorised vehicles and the dumping of rubbish which are currently causing damage to the woodland.
1.5 Impact on Corporate Objectives
1.5.1 None.
1.6 Risk Management
1.6.1 There are no risks to Cobtree Manor Estate from the designation of the site as a Local Nature Reserve.
1.7 Other Implications 1.7.1
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1. Financial
2. Staffing
3. Legal
4. Equality Impact Needs Assessment
5. Environmental/Sustainable Development
6. Community Safety
7. Human Rights Act
8. Procurement
9. Asset Management
1.7.2 None.
1.8 Relevant Documents
1.8.1 Appendices
Appendix 1 Map of Boxley Warren. Appendix 2 Map of Westfield Wood.
1.8.2 Background Documents
None.
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IS THIS A KEY DECISION REPORT?
Yes No X
If yes, when did it first appear in the Forward Plan? …………………………………………………………………………………………………………………………..
This is a Key Decision because: ………………………………………………………………………..
…………………………………………………………………………………………………………………………….
Wards/Parishes affected: ………………………………………………………………………………….. ……………………………………………………………………………………………………………………………..
84 Appendix 2 Westfield Wood Location Map (Kent Wildlife Trust lease section outlined in red, green shows boundary to the wood).
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86 Agenda Item 15
MAIDSTONE BOROUGH COUNCIL
Cobtree Manor Estate Committee
11th July 2012
REPORT OF THE COBTREE OFFICER
Report prepared by Joanna Joyce
1. A report into the surrender of the lease of 4 Stream Cottages, Forstal Road, Maidstone, Kent
1.1 Issue for Decision
1.1.1 To approve the re -letting of 4 Stream Cottages, Forstal Road, Maidstone, Kent following on from the surrendering of the existing sub-lease by the former tenant.
1.2 Recommendation of the Cobtree Officer
That the Committee approves;
1.2.1 the re-letting of 4 Stream Cottages, Forstal Road, Maidstone on a minimum 22 year sub-lease following the surrender of the sub-lease from the existing tenant due to medical reasons
and
1.2.2 authorises the Head of Property and Procurement to agree heads of terms for the new sub-lease based generally on the provisions of the former sub-lease and for the Head of Legal Services to then complete the new sub-lease.
1.3 Reasons for Recommendation
1.3.1 Estate properties are let to maximise income for the charity known as Cobtree Manor Estate. It is recommended that 4 Stream Cottages is re-let as quickly as possible to ensure there is continued income from this property.
1.4 Alternative Action and why not Recommended
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1.4.1 The alternative would be to sell the property. This is not recommended as it would reduce the regular income received by the charity over the long term.
1.5 Impact on Charity Objectives
1.5.1 None.
1.6 Risk Management
1.6.1 There is a potential that the property will not be let quickly which would result in a gap in income. It is also possible that a future tenant may wish for a shorter lease which would result in the costs of re- letting being incurred more quickly.
1.6.2 Every effort will be made with our letting agents to ensure the property is let as quickly as possible. It has not been difficult in the past to re-let and it is not thought this will be different this time. The property will incur minimal costs while empty. The letting agent will be instructed to find tenants looking for an appropriate long lease of 22 or more years.
1.7 Other Implications
1.7.1 1. Financial X 2. Staffing
3. Legal X 4. Equality Impact Needs Assessment
5. Environmental/Sustainable Development
6. Community Safety
7. Human Rights Act
8. Procurement
9. Asset Management
1.7.2 There are financial implications if the property is not re-let quickly.
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1.7.3 The sub-lease will need to be for a minimum period of 22 years to avoid any tenant acquiring ‘right to buy’ which could then be exercised against the Council in its capacity as the long leasehold owner.
1.8 Relevant Documents
1.8.1 Appendices
None.
1.8.2 Background Documents
None.
IS THIS A KEY DECISION REPORT?
Yes No X
If yes, when did it first appear in the Forward Plan?
…………………………………………………………………………………………………………………………..
This is a Key Decision because: ………………………………………………………………………..
…………………………………………………………………………………………………………………………….
Wards/Parishes affected: …………………………………………………………………………………..
……………………………………………………………………………………………………………………………..
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