Agenda item

To consider a request for an additional interest in respect of the eastern section of Innisfree Allotments by a community interest group known as Justice Prince.

Cabinet received a report on a proposal for the Authority to transfer the Authority’s interest in respect of the eastern section of Innisfree Allotments in Longbenton to a Community Interest Company known as Justice Prince.

Justice Prince was based at the Oxford Centre in Longbenton and supported the most disadvantaged and excluded sectors of the Longbenton and wider community.  In 2007 the organisation had taken a lease over part of the Authority-owned Innisfree Allotment (East) site in Longbenton to develop it into a community garden.  This part of the allotment site had fallen into dereliction and had been unused by the local community. 

Since taking it over Justice Prince had succeeded in gaining support for the project from a wide range of private, public and third sector organisations.  It had developed into a thriving garden hub offering a host of community activities to a cross section of the community and had helped those living chaotic lives, and those suffering the greatest hardship and disadvantage, into training and employment.  The site also offered training facilities to the multi award winning Working Roots training programme.  Fresh produce grown at the garden was offered to the community at affordable prices through a weekly pop up shop during the growing season.  The community benefit of this use was recognised by the Authority.

Justice Prince now wished to add to the facilities on offer at the site by providing a modular building, with kitchen and toilet facilities, as a community space, from where they could continue to sell produce on a more regular basis, subject to obtaining planning permission.  It was also proposed that it would provide space from which they could deliver a resident gardening service, leading to further training and employment opportunities.

The organisation was therefore interested in securing a greater interest in the site, as this would give them the ability to access a number of grant funding opportunities.  Grant or loan funding would require they held an adequate legal interest which could be on the basis of a leasehold interest, if the remaining term was of sufficient length, or a freehold interest. Justice Prince had indicated that its preference would be to take ownership of the site.  They wished to do this for a nominal consideration because of the nature of the project and how it benefited the local community.

As the site was classed as an area of statutory allotments any transfer by the Authority would require the prior approval of the Secretary of State for Housing, Communities and Local Government.  A transfer of this nature would reserve the right to take back the land for the same nominal consideration should the community project cease to exist, or should the site be proposed to be used for a purpose other than that presently authorised.

The proposed main terms and conditions of the transaction were set out in the report.

Cabinet considered the following decision options:

i)     To agree to declare the Innisfree Allotments (East) surplus to the Authority’s requirements and to the transfer of a leasehold interest to Justice Prince;

ii)    To agree to declare the Innisfree Allotments (East) surplus to the Authority’s requirements and to the transfer of the freehold interest to Justice Prince;

iii)   Not to agree to declare the Innisfree Allotments (East) surplus to the Authority’s requirements, in which case the freehold interest will remain with the Authority; or

iv)   Not to grant any further interest in the Innisfree Allotments (East) site and seek an alternative use for that site.

Resolved that (1) the Innisfree Allotments (East), shown by dark outline on the plan attached to the report, be declared as surplus to the Authority’s requirements and the transfer of the freehold interest to Justice Prince as set out in Section 1.6 of the report Option (ii), be approved;

(2) the Head of Law and Governance be authorised to complete the grant of an appropriate legal interest, as set out in Option (ii), in the allotments to Justice Prince, subject to the main terms and conditions outlined in Section 1.5 of the report and in accordance with all relevant legal requirements; and

(3) the Head of Commissioning and Asset Management be authorised to deal with all ancillary matters arising that are consistent with the preceding resolutions.

(Reasons for decision: Given the long-term community benefits associated with the activities undertaken at the allotments, Option (ii) is considered to be the best way to secure the long-term community benefits associated with the activities undertaken at the allotments.)