Agenda item

Report No:   CAB/SE/17/060

Portfolio Holder: Joanna Rayner      Lead Officer: Alex Wilson

RESOLVED:

That:

(1)    subject to the support of the Guildhall Feoffment Trust, and to fulfil the objectives of the 2013 Memorandum of Understanding (as reviewed in 2016), it be agreed that the Council applies to the Charity Commission seeking an amendment to Clause 4 of the scheme of 1894 in respect of the managing trustee role for the Guildhall and 79 Whiting Street, Bury St Edmunds. The said amendment if granted would allow, after the Guildhall reopens as an exhibition and heritage centre in 2018, a complete transfer of management responsibility for the two buildings and associated land to the Bury St Edmunds Heritage Trust Limited which has consented to and supports the application; and

(2)    a separate partnership agreement be prepared and signed with the Bury St Edmunds Heritage Trust, and any other applicable partners, in relation to the future management of the paintings in the Guildhall, Bury St Edmunds after the new exhibition and heritage centre opens.

(Councillor John Griffiths declared a local non-pecuniary interest as one of the Borough Council’s nominated representatives on the Guildhall Feoffment Trust and remained in the meeting for the consideration of this item.) 

The Cabinet considered Report No: CAB/SE/17/060, which sought approval for the formal transfer of management responsibilities of the Guildhall and 79 Whiting Street, Bury St Edmunds to Bury St Edmunds Heritage Trust Limited in accordance with the existing Memorandum of Understanding.

In the absence of Councillor Joanna Rayner, Portfolio Holder for Leisure and Culture, Councillor John Griffiths, Leader of the Council, drew relevant issues to the attention of Cabinet, including that  in 2013, the Council formed a partnership, through a Memorandum of Understanding with the Bury St Edmunds Heritage Trust and Guildhall Feoffment Trust to deliver a project to restore the Guildhall and establish it as an exhibition and heritage centre, which was set to be completed by 2018.

The Memorandum of Understanding provided that, on completion of the project, the managing trustee role for the Guildhall, and the associated property 79 Whiting Street, transferred from the Borough Council to a new management vehicle. The properties were already owned by the Guildhall Feoffment Trust but, under the terms of an 1894 charity scheme, the Borough Council was the managing trustee. 

Having taken advice, including from project funders, the Bury St Edmunds Heritage Trust, had concluded that it was best placed to take on the managing trustee role itself, and the Feoffment Trust was also supportive of the Heritage Trust’s proposal.

If approved, an application would be made to the Charity Commission by the Borough Council for the transfer as set out in the recommendations.

In addition, it was also proposed that a separate partnership agreement be prepared with the Bury St Edmunds Heritage Trust and any other applicable partners, in relation to clarifying responsibilities for the future management of the paintings in the Guildhall after the new heritage and exhibition centre opens.

The Cabinet acknowledged progress of the project and commended all those involved with the restoration of the Guildhall and its new exhibition and heritage centre.  This proposal was considered to be the next logical step in the process, which would release the Council, and thus the public purse, from the management of ongoing revenue responsibilities.

RESOLVED:

That:

(1)    subject to the support of the Guildhall Feoffment Trust, and to fulfil the objectives of the 2013 Memorandum of Understanding (as reviewed in 2016), it be agreed that the Council applies to the Charity Commission seeking an amendment to Clause 4 of the scheme of 1894 in respect of the managing trustee role for the Guildhall and 79 Whiting Street, Bury St Edmunds. The said amendment if granted would allow, after the Guildhall reopens as an exhibition and heritage centre in 2018, a complete transfer of management responsibility for the two buildings and associated land to the Bury St Edmunds Heritage Trust Limited which has consented to and supports the application; and

(2)    a separate partnership agreement be prepared and signed with the Bury St Edmunds Heritage Trust, and any other applicable partners, in relation to the future management of the paintings in the Guildhall, Bury St Edmunds after the new exhibition and heritage centre opens.