RTB Development

RTB developments have expressed an interest in using the recreation field to host a girls football academy. These are early days at the present, as funding and appropriate lease conditions need to be arranged. The leasing of the land will need to be a community decision and not that solely of the Parish Council.

What the law says about leasing parish council land

Local Government Act 1972 c.70, Part V11, Land transactions—parish and community councils

Disposal of land held by parishes and communities. [Note: Disposal included leasing]

(1) Subject to the following provisions of this section, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

[Note: with consent of the parish meeting means a decision can't be made solely by the parish council, this needs to be a community decision]

(2) Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

[F10(3) Subsections (2A) and (2B) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution of a reference to a parish or community council or the parish trustees of a parish for the reference to a principal in the said subsection (2A).]

(4) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under [F11the Charities Act 2011].

(5) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or

(b) of the assignment of a term which at the date of the assignment has not more than seven years to run.