Natural England

The answers should not therefore be relied on in specific and particular circumstances when proper professional advice should be sought. Natural England accepts no responsibility for loss occasioned to any person acting or refraining from action as a result of any statement in these answers. 

If you do not see on this page an answer to your question, please get in touch directly with your regional contact. 

1. What legal issues should we consider if we wanted to buy or sell some land? 
Dealing with selling first, if what you want to sell is part of the funded Millennium Green/Big Lottery Fund 

• You can only sell this when it can no longer be used to fulfil the objects of the charity (Trust Deed clause 4.1.6)
• You need to get community consent (Transfer Deed clause 4.3)
• You will need Millennium Commission/Big Lottery Fund and Natural England consent for sale/disposal (grant terms and conditions : Deed of Covenant)
• You need to comply with the valuation and procedural requirements of Section 36 Charities Act 1993, and any disposal must, under the grant terms and conditions, be at full market value (7.15)
• You will need to repay Natural England the defined "actual grant funded percentage" or the whole of the grant, whichever is the greater.      

If the land you are selling is not part of the funded Millennium Green, then you will still need to deal with the procedural and valuation requirements of Section 36. 

As to buying land, then basically you have to act sensibly and with probity. You will need to be properly advised on acquisition price, take a very prudent view of any financing arrangements you make, and the land must fit in with your charity either as an investment, or as a compliment to the Green. 

2. What happens if we want to extend our formal play area beyond the recommended size?
The trust deed makes it clear that only a limited area of the Millennium Green can be surfaced, or covered by buildings or structures - see clause 4.2. This clause is not freely amendable, and if you can't work within it, there is no lawful way of changing a playing area without seeking a scheme from the Charity Commission, which I would suggest is unlikely. 

The underlying point is that as much of the Green as is possible must be available for the general benefit of the community. The Green is not a playing field, a children's play area or anything like that, which is more appropriate to a conventional community charity. 

If you went ahead and breached the rules, this would amount to a breach of trust which might be enforceable generally by or on behalf of the Charity Commission, but would in any event be an event of default under your grant contract. 

If you wish to make any significant changes to the Green, you should first consult Natural England.

3. Young people are using motorbikes on the Millennium Green. Can we do anything to stop them?
The trustees concern, and their consideration, must be not can we stop them, but in fact must we? The implication given by this question is that the trustees are allowing behaviour which destroys or removes the availability of the Green for the community generally. 

The trustees should use the powers to make regulations banning motorcycles contained in clause 24 of the trust deed. They then have to enforce the regulations they make. Practically, community patrols, the police if need be  or may be the trustees have to look at taking a civil action out against these perpetrators. 

4. We don't like the sign that the Countryside Agency supplied, can we get rid of it and have no sign? 
Your grant condition 9.1 says that you must display and maintain at the Green such plaques, signs and commemorative and promotional material as Natural England may require. 

If you don't do this, it is an Event of Default and the grant is repayable. As a consquence, the trustees may well be liable personally and without limit - this is obviously a wilful default and the trustees and the trustees would not be entitled to any limitation of liability. 

5. What happens if current members of the trust want to retire and we can't find anyone to replace them? 
The trustees, having to act in the best interests of their charity, have to make reasonable efforts to obtain replacement trustees. They could consider advertising (parish magazine, local newspapers etc.), pushing for nominations at the AGM, approaching local bodies to informally nominate or suggest persons to be trustees, and obviously trying local worthies and professionals.

You could consider asking the Parish Council or some of the other appropriate Local Authority, if they would be prepared to take on the Trust.  However, if this is a possibility, before you do anything else about it, you should inform Natural England of your intentions.  There is a strict legal procedure to follow and failing to do this would be an Event of Default, with trustees once again liable.

Where Parish Councils or other Local Authorities are allowed to take on the trusts, they will be required to agree to the Terms and Conditions of the original grant offer and their status will be as 'sole trustee'.

6. Can we charge entry into events on the Millennium Green, even if we are not charging for entrance onto the Green itself? 
What's the difference? If by charging to enter an event the result is charging to use the Green, there is really no difference and you are barring access. 

You might want to take a technical risk - if you do it once or twice a year, whose going to know or care particularly if the monies are going to the upkeep of the Green itself. 

7. What action should be taken if a Green is occupied by travellers? 
As a trustee, you have a duty to preserve and protect the trust property. If a Green is occupied, or partly occupied, by travellers the trustees must take appropriate steps to evict them.