Category: About Warminster: Lake Pleasure Grounds (Town Park)

Wednesday 18th April 2018

Former Civic Trust Garden In The Lake Pleasure Grounds (Town Park), Warminster, Reopened And Renamed The Elisabeth Collyns Garden

Warminster Town Council was delighted to host an opening ceremony on Monday morning (16th April 2018) for the old Civic Trust Garden in the Lake Pleasure Grounds (Town Park), Warminster, which had been closed for several years after being vandalised. 

Students from Fairfield Farm College, Dilton Marsh, had cleared away the brambles and replanted the garden, and staff from Ray Thomas Property Services had replaced the retaining wooden sleepers free of charge to get the garden back into a usable state.

Warminster Town Council has recently received funds from the estate of the late Nora Louise McMinn, who had made a bequest of £1,000 to the Warminster Civic Trust. Since Warminster Civic Trust was removed from the Charities register on 17th June 2017, Warminster Town Council has been determined to be the proper recipient of its funds and is continuing work that was undertaken by the Trust. Thanks to these funds it has been possible to replace the pump and repair the electrics for the water feature, and to have the railings surrounding the garden painted.

The garden has been renamed the Elisabeth Collyns Garden in recognition of the efforts Elisabeth put in as Chairman of the Warminster Civic Trust to bring the garden to fruition. Elisabeth was the guest of honour at the reopening, which was conducted by the Mayor of Warminster Rob Fryer in the presence of members and officers of Warminster Town Council and representatives from Fairfield Farm College, Ray Thomas Property Services and Longleat Lodge.

The Mayor, Councillor Rob Fryer, said: “It’s a pleasure to add the reopening of the Elisabeth Collyn Garden to the expanding list of successes we’ve had in the Lake Pleasure Grounds. I hope that many people will take time out to enjoy the tranquillity of this delightful space.”

 Photograph shows from left to right:
Cllr Tony Nicklin (Deputy Mayor),
Fiona Fox (Town Clerk), Cllr Rob Fryer (Mayor),
Elisabeth Collyns, Cllr Denis Brett,
Cllr Sue Fraser, Stuart Legg (Park and Open
Spaces Manager), plus representatives from
Longleat Lodge and Ray Thomas Property Services.

Friday 23rd March 2018

Members of the Devolved Services And Assets Sub-Committee of Warminster Town Council have discussed the necessary refurbishment of the paddling pool in the King George V Playing Field at the Lake Pleasure Grounds (Town Park). Quotations have been received. 

The original repairs in 2016 had been undertaken by Steele Davis at a cost of £4,000 but they had not lasted. Ray Thomas Property Services had been instructed by Warminster Town Council to make patching repairs last summer. One of the patches had broken up, causing an injury, and the patch had to be repaired again. The damage to the paddling pool’s surface was caused by children using scooters and skateboards, etc., in the pool when it is empty and filled. Ray Thomas has said he is reluctant to undertake a patching job again as it would not survive the season. He has provided two quotations:

(1)  to repair and completely resurface the pool using similar materials to the existing surface, at £4,988 plus VAT;

(2) to repair and resurface the pool with a rubberised system that would have a 3 – 6 year life expectancy (provided it was not damaged by scooters, skateboards, etc., which would negate the guarantee), at £7,000 plus VAT.

Both quotations include labour costs.

There was a need to find a way of covering the pool during the winter. The safety surface around the pool is breaking up and will need to be addressed at the end of the season, at the same time as the cover is installed. Ideally, grey water recycling should be considered at this time.

Stuart Legg (the Park and Open Spaces Manager) and Pete Hewitt would examine the specification of the rubberised product suggested to ensure this would be the correct option. Other quotations would be sought and the Finance And Assets Committee members of Warminster Town Council will be emailed for an urgent decision to enable the work to be completed by 6th May.

Members wished for a notice to  be placed advising users not to take scooters, skateboards, etc., in the pool.

Friday 2nd March 2018

 In the snow: The Putting Green in
The Lake Pleasure Grounds (Town Park),
Weymouth Street, Warminster.

Photographs taken by Danny Howell
on Friday 2nd March 2018.

Thursday 1st March 2018

 The Bandstand
in the Lake Pleasure Grounds
(Town Park), Weymouth Street,
Warminster.

Snow and ice on and around it.

 Photographs taken by Danny Howell
on Thursday 1st March 2018.

Thursday 22nd February 2018

 Warminster Park Community Centre,
Lake Pleasure Grounds (Town Park),
Weymouth Street, Warminster.

 Photographs taken by Danny Howell
on Thursday 22nd February 2018.

“This is the home of
Yoga, Art Society, Camera Club,
Life Drawing, Wed’s Bingo Club,
Slimming World, Senior Citizens Lunch Club,
U3A, Exercise Classes, Tumble Tots.”

 Hall to let for regular hiring.
Telephone 01985 216904.

Thursday 22nd February 2018

 Primulas in the borders at
The Lake Pleasure Grounds (Town Park),
Weymouth Street, Warminster.

Photograph taken by Danny Howell
on Thursday 22nd February 2018.

Thursday 22nd February 2018

 The Lake Pleasure Grounds (Town Park),
Warminster, viewed from Weymouth Street.

Photograph taken by Danny Howell
on Thursday 22nd February 2018.

Wiltshire Council
Cabinet
30th January 2018
Subject: Warminster King George V Field
Cabinet member: Councillor Toby Sturgis  – Planning and Property
Key Decision: No

Executive Summary
The majority of Warminster Park was transferred to Warminster Town Council on 21st November 2016 in accordance with a Warminster Area Board decision under Wiltshire Council’s community asset transfer policy made on 7th July 2015.

An area of land within the park was not included in the transfer to Warminster Town Council as Wiltshire Council is the sole trustee of this area of land which is held on trust as a King George V Field.

The trust is registered with the Charity Commission under the name King George’s Field – Warminster with the number 1086713.

This report sets out the steps and decisions required to enable Warminster Town Council to take responsibility for this area of land. It also recommends that those decisions be made by Cabinet on behalf ofWiltshire Council as sole trustee of the King’s George’s Field – Warminster charitable trust, and that authority be given to the Corporate Director for Growth Investment & Place to enter into any legal documentation that may be necessary to give effect to those decisions.

Proposals
That members resolve:

a) that Wiltshire Council, in its capacity as sole trustee of the King George V Field – Warminster (the Trust), make any changes to the Trust documents that may be necessary to appoint Warminster Town Council as a trustee of the Trust and to resign as a trustee following that appointment;

b) that officers should, if appropriate, liaise with the Charity Commission and Fields in Trust to seek, if required, the approval of either of those bodies for the appointment of Warminster Town Council as trustee of the Trust;

c) that following the securing of any such approval and the appointment of Warminster Town Council as trustee of the Trust to transfer the Legal Title to the King George V Field, Warminster to Warminster Town Council and then resign as trustee of the Trust; and

d) to authorise the Corporate Director for Growth Investment & Place to enter into any legal documentation which is required to enable the above to be implemented.

Reason for Proposal
To enable the Legal Title of the area of Warminster Park that is the subject of the Trust to pass to Warminster Town Council in the most cost effective and efficient way.

Alistair Cunningham
Corporate Director

_____

Wiltshire Council
Cabinet
30 January 2018
Subject: Warminster King George V Field
Cabinet member: Councillor Toby Sturgis – Planning and Property
Key Decision: No

Purpose of Report
1. This report seeks approval to taking all steps necessary to ensure the transfer of the Legal Title to King George V Field within Warminster Park to Warminster Town Council following the transfer to it of the majority of Warminster Park on the 21st November 2016.

Relevance to the Council’s Business Plan
2. The proposal will contribute towards the devolution of services and associated assets to towns and parishes as it will enable the remaining portion of Warminster Park to be transferred. Under the Strong Communities priority Wiltshire Council’s Business Plan states that more services and assets will be devolved to parish councils and community groups.

Main Considerations for the Council
3. When the majority of Warminster Park was transferred to Warminster Town Council part of it (approximately 3,270 square metres) which was designated as a King George V Field remained with Wiltshire Council as sole trustee of King George’s Field – Warminster (number 1086713) (the Trust). This is because for legal reasons it was not possible to include this area in the transfer. Both parties are agreed that it makes no sense for this situation to remain but that legal ownership and control of the whole property should be with one party.

Background
4. On 2 July 2015 Warminster Area Board approved the transfer of Warminster Park to Warminster Town Council in accordance with Wiltshire Council’s Community Asset Transfer policy. This approval was subject to certain matters, one of which was that any arrangement for the part of the park which had been dedicated as a King George V Field (shown edged red on the plan at Appendix 1) must satisfy the requirements of the Charity Commission and Fields in Trust. The transfer of all the land requested, with the exception of the King George V Field, has been completed and a temporary arrangement put in place to ensure that the King George V Field continues to be managed as part of the larger park. The steps set out in this report are those which are necessary to satisfy Charity Commission requirements and ensure the smooth transfer of Legal Title of the remaining land to Warminster Town Council.

5. Warminster Town Council has formally resolved to apply to become the trustee of the King George V Field and has applied to Wiltshire Council to do so.

6. Wiltshire Council hold the King George V Field as sole trustee. Cabinet is the decision making body for the Trust. Decisions relating to the Trust must be made as trustee of the King George V Field. These decisions are set out below.

7. The decisions to be made as trustee are: to make any changes to the Trust documents that may be necessary ton permit the appointment of Warminster Town Council as trustee, to appoint Warminster Town Council as trustee, to transfer the Legal Title to King George’s Field, Warminster, and to resign as a trustee upon the registration at the Land Registry of the transfer of the Legal Title to Warminster Town Council.

8. The resolution that all necessary legal documentation to enable the above to be done shall be completed is taken in both capacities as there will be both documentation relating to the trust and a land transfer. 

Safeguarding Implications
9. None

Public Health Implications
10. None

Corporate Procurement Implications
11. None

Equalities Impact of the Proposal
12. None

Environmental and Climate Change Considerations
13. None

Overview and Scrutiny Engagement

14. Overview and Scrutiny undertook a rapid scrutiny exercise to contribute to the development of the council’s revised Asset and Service Devolution and Community Asset Transfer Policy, which was adopted by Cabinet on 7th November.

Risks that may arise if the proposed decision and related work is not taken
15. The principal risk that may arise if the proposed decision is not taken is that the current management arrangement fails and Wiltshire Council has to take responsibility for the maintenance of the area back. In addition, this would result in the loss of cohesive management of the whole park.

Risks that may arise if the proposed decision is taken and actions that will be taken to manage these risks
16. There may be a legal risk if the proposed actions are not taken in the correct order. However, the council’s solicitor will be heavily involved in the process and will ensure that the process is followed correctly.

Financial Implications
17. As the land is already being looked after by Warminster Town Council financial implications are limited to the cost of dealing with the legal process required to complete the transactions and documents required.

Legal Implications
18. This is a legal process which if carried out correctly will result in the appointment of Warminster Town Council sole trustee of the Trust and the transfer of the Legal Title to the asset held on behalf of the Trust passing to Warminster Town Council.

Options Considered
19. There are two options available in this case. These are: Remain the sole Trustee of the Trust and retain the Legal Title to the land (do nothing).

Transfer the trusteeship and Legal title to the land
20. If Wiltshire Council remains the sole Trustee of the land it must retain Legal Title to the land, which will be an island in the middle of the Warminster Town Council landholding. In addition, management of the area will require a separate agreement and there is a risk that at some time in the future the Town Council could decide to stop looking after it.

21. Transferring both the trusteeship and the Legal Title to the land will ensure that the Legal Title and control of the whole park rests with one body. There will be some legal work required to make this happen but this is the best outcome for the long term management of the area.

Conclusions
22. As indicated above, taking the steps required to enable Warminster TownCo uncil to be appointed a trustee of the Trust and, following that appointment, transferring the Legal Title to the town council will result in the best outcome for the future management of this land as it can be managed as part of a cohesive plan for the whole park.

Alistair Cunningham
Corporate Director

___

Report Author: John Price, Estate Surveyor 

Background Papers
The following documents have been relied on in the preparation of this report: None

Appendices
Appendix 1: Plan

https://cms.wiltshire.gov.uk/mgConvert2PDF.aspx?ID=138878

Monday 12th December 2016

Left to right: David Prior (Trustee and in charge 
of bookings, Town Park Community Centre);
Pete Owen (1st Warminster Scout Group leader); 
Cllr Sue Fraser (Warminster Town Council (WTC));
Adrian Hampton (Head of Local Highways, 
Parking Services and Streetscene, Wiltshire Council); 
Andy Smith (General Manager, idverde Group); 
Cllr Rob Fryer (WTC); Cllr George Jolley (WTC); 
Cllr Pip Ridout (Deputy Mayor, WTC); 
Stuart Legg (Direct Services Supervisor, WTC); 
Rob “Clive’ Fear (Park Keeper, idverde); Andy Samuel 
and Sally Burton (Wiltshire Council Youth Workers). 
Warminster Town Clerk, Heather Abernethie 
was also present.

Warminster Town Council celebrates taking over ownership of the Lake Pleasure Grounds (Town Park). 

Warminster Town Council was delighted to receive the news on Monday 21st November 2016 that the community asset transfer of the Warminster Lake Pleasure Grounds (Town Park) from Wiltshire Council to Warminster Town Council had finally taken place after a complicated legal process (because of the number of individual assets within the park). The “official’ handover took place on Monday 12th December 2016 with councillors and officers from Wiltshire Council and Warminster Town Council, plus representatives from idverde and the user groups, when they gathered at the bandstand to celebrate this momentous occasion.

The cooperation of Wiltshire Council in allowing improvement work to be undertaken during the interim period has been much appreciated, but now work can begin in earnest. Park users will no doubt have already encountered the Town Council’s Direct Services Supervisor, Stuart Legg, who is responsible for supervising the maintenance of all the Town Council’s outside spaces and can be found in the park most days. His irrepressible energy and enthusiasm have made their mark and the park has changed dramatically during the five months he has been in the post.

The contract for the maintenance of the park is held by idverde (previously The Landscape Group) whose contract with Wiltshire Council was novated to the Town Council as part of the asset transfer.

They have appointed Rob “Clive’ Fear as the new park keeper and he will be employed full time in the town park, ensuring standards are maintained and continue to improve.

The previous park keeper, Robbie Hervin, has now retired but will continue to live in the park keeper’s cottage and will be able to keep a watchful eye on what’s going on. Warminster Town Council is grateful for his support and his knowledge of the park has been invaluable during the handover.