report in respect to governing documents: deed of …

HESTON TRUSTEESHIP PANEL

REPORT IN RESPECT TO GOVERNING DOCUMENTS: DEED OF GIFT DATED 1935 AND DECLARATION OF TRUST DATED 1956

REFENCE No: PC011/030 OCTOBER 2013

Projects and Construction Team Regeneration, Economic Development and Environment Department London Borough of Hounslow, Civic Centre Lampton Road, Hounslow TW3 4DN

Reference no: PC-011/030 1/20

HESTON TRUSTEESHIP PANEL: REPORT

Contents Page

1.0 Proposal 2

2.0 Summary 2

3.0 About This Report 4 4.0 Background 5

5.0 Land currently held on Charitable Trusts 6

6.0 Satisfying the Charity Commission 7 7.0 Comments from Finance & Legal 9 Appendices Appendix 1: (Plan: HLCR-PLAN B)

Relocation of Trusts

Appendix 2: Document: C-0229519 / August 2013)

Valuation of Fairground Site, Heston Park

Appendix 3: (Document: C-0229519 / August 2013)

Valuation of Village Hall Scout Hut Land,

Heston Park

Appendix 4: Declaration of Trust dated 31 July 1956

Appendix 5: Deed of Gift dated 22 August 1935

Appendix 6: (Document: 94166703-1) Guidance Note for

Trusteeship Panel

Appendix 7: Statement of Community Engagement

Appendix 8: Draft Deed of Substitution (Declaration of Trust

dated 31 July 1956)

Appendix 9: Draft Deed of Substitution (Deed of Gift dated

22 August 1935)

Appendix 10: (Plan: 1281 PL001)

Location Plan



1.0 Proposal 1.1 That the Trusteeship Panel considers and takes into account the guidance

note appended to this report together with the other accompanying supporting material in its consideration of whether, in principle, it is in the interest of the charities that the land held under the trusts located on Site A and Site C are “relocated” to identified “substituted” land at Heston Park.

1.2 That the Trusteeship Panel notes the decision of the Cabinet on 15 October

2013, which is set out in paragraph 2.7 of this Report. 1.3 That the Trusteeship Panel considers approval of the relocation of the two

charitable trusts and entry into Deeds of Substitution (or other suitable legal instrument), and subject to an order or orders (currently being sought) from the Charity Commissioners to authorise the substitution of the land held in trust on Site A and Site C (which is shown outlined blue on Appendix 1 to this Report) for the land at Heston Park (which is shown outlined orange on Appendix 1 to this Report).

1.4 That the Deeds of Substitution (or other suitable legal instrument), provides

that, of land within Heston Park, no less than the following number of acres be allocated to the Fairground Trust and the Village Hall / Scout Hut Trust respectively: ▪ Site A - 1.92 acres and; ▪ Site C - 8.22 acres

2.0 Summary 2.1 The Council of the London Borough of Hounslow, as landowner, is desirous

that the Trusteeship Panel approve that the two charitable trusts located on Site A and Site C be removed from that land and relocated on to substitute land at Heston Park. The relocation of the trusts will facilitate the disposal and development of the land at Site A and Site C, which is needed as enabling development to support the delivery of the redevelopment of the Heston Leisure Centre. Planning permission for the proposed development was granted on 10 October 2013. It is considered that the redevelopment of the leisure centre and the associated improvements to Heston Park will deliver significant community benefits as well as the provision of affordable housing. The Village Hall will not be affected by the proposed development. However, the Scouts Hut will be demolished. Arrangements are being made with a view to providing the Scouts with a lease of an existing alternative building located within the proposed development site.

2.2 It should be noted that the Council is the sole corporate trustee of the two

trusts and has delegated to the Trusteeship Panel the power to take decisions on behalf of the Council as trustee. As such, any decisions that affect the trusts must be taken in the best interests of the charities. Accordingly, while the delivery of the redevelopment of the Heston Leisure Centre is pertinent to the reasons for the proposals in this Report, the Council is aware that that consideration is not relevant and should not be taken into account in decision-making by the Trusteeship Panel.



2.3 Authority by way of an Order of the Charity Commission is required before any decision to relocate the two trusts can be implemented. This means applying for Charity Commission consent to the exchange of each parcel of land. The Charity Commission have agreed in principle that it will be possible to “lift” the two charitable trusts and exchange the currently burdened land with other land.

2.4 This report includes the two independent valuations (Appendices 2 and 3 to

this Report) commissioned in respect to the proposed transaction which conclude the proposed relocation of the Trusts on to Heston Park is suitable for the purpose of the exchange for the following reasons:

▪ The land is within close proximity to sites A and C ▪ The land is suitable for the purpose of each trust:

i. Use as a public hall, recreation ground or some other local public purpose or purposes as it is currently in use as a park

ii. Use by the public as a public park and pleasure ground as it is currently in use as a park

▪ The land will require no changes to be made in order to relocate the Trusts

2.5 The charitable trust that binds the land at Site A is contained in a Declaration

of Trust made by this Council’s predecessor on 31 July 1956 (Appendix 4 to this Report). The Declaration of Trust provides that the Corporation “shall henceforth hold the public park and pleasure ground … in trust to preserve the same in perpetuity as a park and pleasure ground for the use of the public …”.

2.6 The charitable trust that binds the land at Site C is contained in a Deed of Gift

dated 22 August 1935 (Appendix 5 to this Report). The trust pertains to the land around and beneath the Village Hall and the Scout Hut as well as to the Village Hall. However, the Scout Hut is not held in trust having been expressly excluded from the Deed of Gift. The Deed of Gift provides that the Corporation will “… use the said property for the purposes of a public hall, recreation ground, or some other local public purpose or purposes and will not use or suffer the same to be used for commercial purpose whatsoever …”.

2.7 The Trusteeship Panel is asked to note that the Cabinet approved the

recommendations of the report (REG 120 - appropriation of land and relocation of charitable trusts on to Heston Park) at the meeting 15 October 2013.

The report (REG 120) includes the recommendation:

“The land on Heston Park (outlined in orange on the plan attached at Appendix B) be

encumbered by the relocation of two charitable trusts to be removed from Sites A and C (outlined in blue on the plan attached at Appendix B) subject to resolution by The Trusteeship Panel approving that the trusts be relocated and entry into Deeds of Substitution (or other suitable legal instrument), and subject to an order or orders currently being sought from the Charity Commissioners to authorise the substitution of the land held in trust for the land at Heston Park.”



3.0 About this report 3.1 This report should be read in conjunction with the following documentation

for the consideration of the Panel:

▪ Appendix 1 - (Plan: HLCR-PLAN B)


▪ Appendix 2 - (Document: C-0229519-91 / August 2013)

Valuation of Fairground Site, Heston Park

▪ Appendix 3 - (Document: C-0229519 / August 2013)

Valuation of Village Hall Scout Hut Land,

Heston Park

▪ Appendix 4 - Declaration of Trust dated 31 July 1956

▪ Appendix 5 - Deed of Gift dated 22 August 1935

▪ Appendix 6 - (Document: 94166703-1)Guidance Note for

Trusteeship Panel

▪ Appendix 7 - Statement of Community Engagement

▪ Appendix 8 - Draft Deed of Substitution (Declaration of Trust

dated 31 July 1956)

▪ Appendix 9 - Draft Deed of Substitution (Deed of Gift dated

22 August 1935)

▪ Appendix 10 - (Plan: 1281 PL001)

Location Plan

Scope of report 3.2 This report outlines the proposed transaction and summarises discussions

with the Charity Commission leading up to the convening of the Trusteeship Panel.

3.3 The following subject matter is addressed in the appendices to this Report:

▪ The proposed transaction ▪ Role of the Charity Trustee

3.3 It should be noted by the Panel that the public consultation and engagement

undertaken to-date in respect to the proposed transaction has been in the wider context of the Heston Leisure Centre Redevelopment.

The report was prepared by Sonny McCann, Project Manager under the supervision of Bob Seera, Head of Property Development of the



Regeneration, Economic Development and Environment Directorate. The report also incorporates comments from the following offices within the Corporate Resources Directorate of the Council: ▪ Legal Services and; ▪ Financial Services.

Purpose of this report of this report 3.4 This report is the third in a series of three documents covering the relocation

of charitable trusts to land in Heston: Trusteeship Panel report (this report) Establishment of Trusteeship Panel (the subject of a previous report) Appropriation of Land (the subject of a previous report)

3.5 This report is intended to assist the Trusteeship Panel’s consideration as to

whether or not to approve the substitution of the land within the trusts of Site A and Site C for the identified land at Heston Park.

The report focuses on summarising the following areas of the appended documents:

Background and context Land currently held on Charitable Trusts Satisfying the Charity Commission

3.6 This report carries no appendices other than the documents highlighted in 3.1 above.

Limitations of this report 3.7 The author of this report has a material involvement in connection with the

Heston Leisure Centre Redevelopment project. Nevertheless every effort to remain impartial and objective has been made in the preparation of this report.

4.0 Background

This portion of the report provides a chronological summary of the correspondence exchanged between the London Borough of Hounslow and Charity Commission:

4.1 On 13 November 2012 the Charity Commission advised the London Borough of Hounslow that if it wished to proceed in applying for consent to the exchange of land there is additional information required to aid consideration:

▪ Results of public consultation ▪ Evidence of the steps the London Borough of Hounslow have taken to

manage conflicts of interest ▪ Independent valuation on the proposed transaction

4.2 An application was submitted to the Charity Commission on 30 August 2013

together with the material that had been requested on 13 November 2012.



4.3 The Charity Commission provided a preliminary response on 27 September

2013 to the application submitted by London Borough of Hounslow on 30 August 2013.

The Charity Commission response indicated that it would be possible to

complete the exchange of land and provided a draft Order. The following further documents were requested for forwarding to the Charity Commission:

▪ Deed of Conveyance 8 September 1921;

▪ Conveyance dated 30 March 1928;

▪ Conveyance dated 9 November 1928;

▪ Conveyance dated 9 February 1932;

▪ Deed of Gift dated 22 August 1935;

▪ Declaration of Trust dated 31 July 1956; and

▪ Panel of Trustees - documentation referring to the outcome of the recommendation made "to the Council Cabinet on whether or not to substitute the land within the trusts of site A and Site C for the identified land at Heston Park".

4.4 The requested documentation with the exception of the Trusteeship Panel

documentation was submitted to the Charity Commission on 1 October 2013. An explanation setting out the procedural process that the Panel will adhere to in order to reach a decision was provided on 21 October 2013.

4.5 All correspondence with the Charity Commission has been conducted on

behalf of the London Borough of Hounslow by Mills & Reeve LLP solicitors. Mills & Reeve were appointed to assist with property related matters as part of the Heston Leisure Redevelopment.

5.0 Land currently held on Charitable Trusts 5.1 There are two trusts affecting land located to the southeast and southwest of

Heston Park. These are:

Site A - Locally known as the fairground site comprises rough grassland and scrub at approximately 13,644m2. Public access to this land is limited and largely informal. Whilst the fairground site is periodically mown and used for fairs, it has not been managed or maintained as part of Heston Park.

Site C - The Village Hall and Scouts Hut site. The Village Hall is located within a site approximately 250m2. The hall is a single storey 1930s brick built building comprising main hall, kitchen, storage



areas and toilet facilities. The village hall is used by a crèche during the day and a mix of material arts and community groups in the evening. From 2008 the hall was leased and managed by Fusion for a 15 year period. The Scout site is approximately 628m2 which although overgrown, is used for a range of activities. Part of the site is occupied by Scout Huts approximately 140m2 which dates back to the 1930’s. The Hut is presenting signs of dilapidation and the toilet provision is in a separate unheated external block.

5.2 Two separate governing documents (the 1956 Declaration of Trust and the

1935 Deed of Gift) set out the charities’ purposes in respect to the designated land currently held under charitable trusts.

6.0 Satisfying the Charity Commission: The Fairground site 6.1 The Charity Commission identified three areas of additional information

required to aid consideration:

▪ Results of public consultation ▪ Evidence of the steps the London Borough of Hounslow have taken to

manage conflicts of interest ▪ Independent valuation on the proposed transaction.

Results of public consultation 6.2 No isolated public consultation has been undertaken in respect to the

proposed transaction. However, significant public consultation has been carried out in relation to the proposed redevelopment project. As such the proposed transaction has been presented to the community in the context of part of the wider development proposals to help aid their consideration and inform their views.

6.3 Local community engagement and consultation has been an ongoing aspect

best emphasised by public engagement events including presentations to the following at which the proposed transaction was discussed as part of the wider proposals for Heston:

▪ Heston Cranford Ward Area Forum and; ▪ Heston Residents Association.

Feedback and response

6.4 Feedback received during the public engagement exercises and consultation

events have been incorporated in to reports and briefing notes. The feedback has been presented to the local community at the public forums and



meetings. This has culminated in the production of a (See Appendix 6 – SoCE) Statement of Community Engagement proposals for the redevelopment of Heston Leisure Centre and Enabling Residential Development.

6.5 Targeted consultation has been undertaken with the affected groups. In

acknowledging that the proposed transaction will result in displacement of activities the Council, as charity trustee, has engaged in early dialogue and consultation with the directly affected groups to explore suitable alternative opportunities.

6.6 To this end suitable alternative sites have been agreed with the 4th Heston

Scout Group and Treylan’s the fair operator as discussed below.

Traylen Amusements 6.7 A preferred site has been identified for future fairs to be held in lieu of the

fairground site. Traylen Amusements who operate fairs, currently within the Fairground site have in principle agreed to relocating activities to Thornbury Playing Fields.

4th Heston Scouts

6.7 Recognising the Scouts’ long established ties with the local community the

proposal is to relocate the Group to a nearby vacant building in the proposed development site which is considered to be in better condition than their current hut and to provide better facilities. It is proposed that the Scouts will be granted a new full repairing lease for a 40 year term.

Evidence of the steps the London Borough of Hounslow have taken to manage conflicts of interest 6.8 The proposed exchange of land gives rise to possible conflicts of interest

owing to Council fulfilling the following roles: ▪ land-holding charity trustee ▪ as the provider of statutory amenities ▪ and as local planning authority It should be noted that only the first of the three possible roles identified above (land-holding charity trustee) is relevant to the deliberations and decision of the Trusteeship Panel.

Land-holding charity trustee

6.9 As sole land-holding charity trustee the Council acknowledges the need to

ensure that it must only consider the best interest of the charity in its decision-making.

6.10 In acknowledgement of and to address the possible conflicts of interest that

may arise, the Council has established the Panel and delegated the power to take decisions on its behalf in relation to the two charitable trusts to the Trusteeship Panel. The Panel will have the benefit of independent legal advice available to them during their meeting on 31 October 2013.



6.11 Independent valuations have been prepared for each of the trust sites. The valuations aid the Council, as charity trustee in determining whether the disposal is in the best interest of the charities as opposed to that of the local authority as landowner.

Independent valuation on the proposed transaction

6.12 Two separate valuations have been obtained for both the Fairground Site and the Village Hall Land from Deloitte in respect of the proposed transactions.

6.13 Table 1 below provides a summery of the valuations undertake to the sites

forming part of the proposed transaction. Table 1 - Valuation of Assets Site (£) Value Heston Park (Public open space) £480,000 Four hundred and eighty

thousand pounds

Site A (land at Fairground site)

£83,000 Eighty three thousand pounds

Site C (land at Heston Scout Hut) £26,000 Twenty six thousand pounds

Site C (land at Heston Village Hall and the Village Hall)

£330,000 Three hundred and fifty six thousand pounds

Material benefit to a trustee 6.14 The results shown in Table 1 indicate in value terms the proposed transaction

of Heston Park commensurate to the combined footprint of the land held in trust.

7.0 Comments from Finance & Legal Finance comments 7.1 There are no direct financial consequences for the London Borough of

Hounslow as a consequence of this report. 7.2 The two trusts must be managed to comply with the requirements of the

Charity Commission. Legal comments 7.3 In considering whether the Council, as the corporate trustee of each of the

two charitable trusts, should: (i) approve the principle of the relocation of the two charitable trusts from their current respective sites to land forming part of Heston Park; (ii) declare by Deeds of substitution that alternative land (1.92 acres in respect of the “fairground land” and 8.22 acres in respect of the “scout hut land”) forming part of Heston Park be dedicated and held on trust



for the use of the public in perpetuity (“the substitution land”); and (iii) apply to the Charity Commission for its approval of steps (i) and (ii) Members should only take into account matters which are relevant to the Council’s role as the corporate trustee of the two trusts.

7.4 The matters which are relevant include the following: (a) the proposed

“substitution land” is within very close proximity to the land which is subject to the two trusts; (b) the proposed “substitution land” is suitable for the purpose of each trust e.g. public recreational use as a park or pleasure ground; (c) the Charity Commission (being the regulator for charities) has agreed, in principle, to the proposed “relocation” and to make an Order authorising the exchange of charity land pursuant to powers vested in it by sections 105 and 117 of the Charities Act 2011; (d) that the “substitution land” is to be dedicated and held on charitable trust in perpetuity; (e) the independent valuations provided in respect of the two plots of land held on trust; and (f) the results of consultation with members of the public.



Appendix 1 - (Plan: HLCR-PLAN B)


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Appendix 1

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Site A

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Site C



Appendix 2 - Document: C-0229519 / August 2013) Valuation

of Fairground Site, Heston Park

Document: C-0229519-91 / August 2013

London Borough of Hounslow: The Council as Trustees of the Fairground Site at Heston Park Valuation of Fairground Site, Heston Park

Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 2 New Street Square, London EC4A 3BZ, United Kingdom. Deloitte LLP is the United Kingdom member firm of Deloitte Touche Tohmatsu Limited (“DTTL”), a UK private company limited by guarantee, whose member firms are legally separate and independent entities. Please see www.deloitte.co.uk/about for a detailed description of the legal structure of DTTL and its member firms. Real estate services regulated by RICS.

Member of Deloitte Touche Tohmatsu Limited

Dear Sirs

London Borough of Hounslow – The Council as Trustee s of the Fairground Site at Heston Park Heston Leisure Centre Redevelopment Valuation for t he Charity Commission

We are pleased to attach a copy of our valuation report in connection with the above.

This report is confidential to the London Borough of Hounslow and their professional advisers and is for the use of those parties only.

Consequently, no responsibility is accepted to any third party in respect of the whole or any part of its contents. Before the report or any part of it is reproduced or referred to in any document, circular or statement, our written approval as to the form and context of such publication must be obtained.

Yours faithfully

Wendy Robertson Deloitte LLP

Deloitte LLP Athene Place 66 Shoe Lane London EC4A 3BQ United Kingdom

Tel: +44 (0) 20 7936 3000 Fax: +44 (0) 20 7583 1198 www.deloitterealestate.co.uk

Direct: +44 (0) 20 7007 5308 [email protected] The Council as Trustees of the Fairground Site at Heston Park

London Borough of Hounslow Civic Centre Lampton Road Hounslow TW3 4DN

For the attention of Sonny McCann

23 August 2013 Our ref: OELS/WAR/KEP/C-0229519-01 Your ref: WE5058959

Contents

Executive summary 1

1 Introduction 3

2 Assets held by the London Borough of Hounslow 5

3 Assets held in Trust 7

4 Basis of Valuation 9

5 Valuation Commentary and Methodology 10

6 Valuation 11

7 Sources and Verification of Information 12

Appendix A – Letter of Instruction 2

Appendix B – Site Plans 3

The Council as Trustees of the Fairground Site at Heston Park Valuation of Fairground Site, Heston Park 1

Executive summary

This Report is confidential to the London Borough of Hounslow ("the Client"), has been prepared in accordance with the terms of our contract with the Client dated 25 July 2013 ("the Contract"), and is subject to the restrictions on use specified in the Contract. No party is entitled to rely on the Report for any purpose whatsoever and we accept no responsibility or liability to any party in respect of the contents of this Report. This Report must not, save as expressly provided for in the Contract be recited or referred to in any document, or copied or made available (in whole or in part) to any other person without our express prior written consent.

If access to this report and these valuations is re quested by the Royal Bank of Scotland Group, Santan der Group, Royal Bank of Canada Group, Morgan Stanley, BNP Paribas (including Fortis) or Canada Life, eith er as sole lender or as syndicate members, we request that we are informed in order that we can satisfy o ur own regulatory requirements before access is permit ted.

The London Borough of Hounslow is proposing to dispose of two Trusts and relocate them on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trusts.

The Council is proposing the exchange of land comprising the land held under the Declaration of Trust dated 31 July 1956 and relocating this on to Heston Park as part of the Heston Leisure Centre Redevelopment.

Valuations have been provided for the following assets:

Assets held by the London Borough of Hounslow (the “Client”): Heston Park (public open space)

A well maintained park with a central grassed area, pathways and disused tennis courts and a basketball court, extending to 4.486 hectares (11.086 acres), held freehold by the London Borough of Hounslow. This has been valued on a rate per acre basis.

Assets held in trust (the “Trust”): Asset held under a Declaration of Trust dated 31 July 1956 - Land s outh west of Heston Park (fairground site, also known as Site A)

Unmaintained, open grassland to the south west of Heston Park extending to 0.36 hectares (3.37 acres). The asset was transferred under a Declaration of Trust dated 31 July 1956. This has also been valued on a rate per acre basis.


Valuations

Assets held by the London Borough of Hounslow

Site Value

Heston Park (public open space) £480,000 Four hundred and eighty thousand pounds

Assets held in trust under a Declaration of Trust ( the “Trust”)

Site Value

Land south west of Heston Park (fairground site, also known as Site A)

£83,000 Eighty three thousand pounds

We are of the opinion that with regard to relocating the Trust, the land at the Park is suitable for the purposes of the ‘swap’, for the following reasons:

• The land is immediately adjacent to Site A; • The land is suitable for the use of the public as a park and pleasure ground as it is currently in use as a

park; and • The land will require no changes to be made in order to relocate the Trust.


1 Introduction

Instructions

1.1 Deloitte LLP has been instructed by the Client to provide valuations of the following assets (the “Properties”):

Assets held by the London Borough of Hounslow (the “Client”):

• Heston Park (public open space).

Assets held in trust under a Declaration of Trust ( the “Trust”):

• Land south west of Heston Park (fairground site, also known as Site A).

1.2 The valuation has been undertaken in accordance with our letter of instruction dated 25 July 2013. A copy of this letter is enclosed at Appendix A .

Purpose and valuation date

1.3 The Client is proposing to dispose of the Trust and relocate this on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trust.

1.4 The valuation date is 25 July 2013.

Compliance

1.5 The report complies fully with the requirements of the RICS Valuation – Professional Standards 2012 (Global and UK Edition) known as ‘The Red Book’, issued by the Royal Institution of Chartered Surveyors (RICS).

1.6 We have also had regard to the Charities Act 2011 and section CC28 of the Charity Commission.

Status of Valuer

1.7 We confirm that we are acting as external valuers and that we have not had any previous material involvement in connection with the Properties. We also confirm that those individuals within Deloitte who are responsible for the valuation have relevant experience and expertise and that we have the competence to carry out this assignment.

1.8 We also note that the London Borough of Hounslow is an internal audit client of Deloitte. We have disclosed this engagement to the internal audit partners who have confirmed that the scope of this engagement will not impair Deloitte’s objectivity in performing the internal audit work.

1.9 This report has been prepared by Tim Hooper MRICS and Kathryn Pitts MRICS under the supervision of Wendy Robertson MRICS, a Director of Deloitte LLP.


Inspections

1.10 We inspected the Properties on 31 May 2013.

Report

1.11 Our report is structured as follows:

- Assets held by the London Borough of Hounslow - Assets held in Trust - Basis of valuation - Valuation Commentary and Methodology - Valuation - Sources and Verification of Information

1.12 We attach at Appendix B site plans of the Properties.


2 Assets held by the London Borough of Hounslow

Heston Park

Location

2.1 Heston Park (“the Park”) is located in West London in Hounslow, to the south of the M4 motorway between West Hounslow and North Hyde. It is approximately one mile from Hounslow West underground station.

2.2 The Park is broadly rectangular in shape with the exception of the access road via Heston Grange Lane, and is surrounded by private residential properties to the east and west. To the north is a social housing estate and the south is Heston Village Hall, the Scout Hut and Heston library, and further residential properties along New Heston Road. A site plan is attached at Appendix B, which identifies the park within the orange boundary.

Description

2.3 The Park is well maintained with a central grassed area surrounded by a tarmacadamed path. To the south of the park are concrete surfaced tennis courts and a basketball court which appeared to be in a poor state of repair. We have been advised that these are unused and non-income generating. The fencing on the tennis courts is missing on the northern side of the court facing the park. There are a number of trees and park benches on the outer edges of the park. The park can be accessed via Heston Grange Lane at the north west corner of the site, a gateway to site A at the south west corner, and has access to New Heston Road at the south east corner of the site and a path on to Walnut Tree Road on the eastern side of the park.

Site Area

2.4 We have been advised that the Park is 6.82 hectares (16.85 acres), however, we have undertaken cross checks using Promap, which suggests that the Park is 4.486 hectares (11.086 acres), and we have used these areas for our calculations.


Photos

View from south west looking north Tennis courts to south of park

View from south east corner View from north east corner looking west

Legal Rights and Title Restrictions

2.5 We have been provided with copies of the following legal documents relating to the Park:

• Conveyance dated 30 March 1928; • Copy of Title AGL151199; • Copy Indenture dated 8 September 1921; and • Conveyance dated 9 November 1928.

2.6 Some of these documents are of a poor quality and are only partially legible. We have not identified any onerous restrictions or covenants from these documents, however, this should be confirmed by the Client’s legal advisers.


3 Assets held in Trust

Land south west of Heston Park (fairground site, al so known as Site A)

Location

3.1 The land to the south west of Heston Park (”Site A”) is located in West London in Hounslow, to the south of the M4 motorway between West Hounslow and North Hyde. It is approximately one mile from Hounslow West underground station.

3.2 Site A is surrounded by private residential properties to the north, south and west. To the south east is a modern residential development and the tennis courts of Heston Park form the eastern boundary of the site.

Description

3.3 Site A is unmaintained open grassland. The southern entrance to New Heston Road has a closed metal fence to prevent fly tipping. The boundary of the site is mostly concealed by trees and vegetation. At the north east of the site is a gate leading into Heston Park. There are unused allotments on the site which are non-income generating.

Site Area

3.4 We have been advised that Site A is 1.36 hectares (3.37 acres).

Photos

View from south of Site A looking north east View from south of site A looking north


Northern edge of Site A Gate at south of Site A


3.5 Freehold. Site A is held under a Conveyance dated 9 February 1932 and a Declaration of Trust dated 31 July 1956, which are summarised as follows:

Conveyance information

Vendors William Bradford and Catherine Maria Lavender

Purchasers The Urban District Council of Heston and Isleworth

The Vendors are seised in fee simple in possession free from incumbrances of the property… and have agreed to sell the same to the Purchasers for the like estate in possession free from incumbrances at a price of one thousand four hundred and forty pounds.

Demised Premises All that piece or parcel of land situate at Heston in the parish of Heston and Isleworth in the County of Middlesex and forming part of an estate known as “Garden Cottage” Estate… to hold unto the Purchasers in in fee simple.

Declaration of Trust information

Corporation The Mayor Alderman and Burgesses of the Borough of Heston and Isleworth

The Corporation hereby declare that they shall henceforth hold the public park and pleasure ground known as Heston Fairground… in trust to preserve the same in perpetuity as a park and pleasure ground for the use of the public.

3.6 We have been provided with a copy of an Agreement dated 16 July 1930 with regard to Heston Fair, however we have been advised by the Client’s legal services team that the Agreement has lapsed and has therefore been disregarded.


4 Basis of Valuation

Market Value

4.1 Our valuation complies fully with the requirements of the RICS Valuation – Professional Standards 2012, Global and UK Edition (‘the Red Book’) published by the Royal Institution of Chartered Surveyors (“RICS”).

4.2 Our valuations are prepared on the basis of Market Value, which is defined in the Red Book as follows:

“The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.”

4.3 This definition has been used together with the interpretative commentary set out in the Red Book.

Costs

4.4 No allowance is made in our valuations for any expenses of realisation.

Taxation

4.5 Our valuations make no allowance for any liability for the payment of any tax, including Capital Gains Tax, whether existing or which may arise in the future. Our valuations are exclusive of Value Added Tax (VAT).

Plant and Machinery

4.6 Our valuations take account of those items of plant and machinery normally associated with the valuation of land and buildings, such as boilers, heating, sprinklers, ventilation systems and the like.

4.7 Our valuations exclude process plant machinery, fixtures and fittings that are normally taken to be the property of the tenants.


5 Valuation Commentary and Methodology

Market Commentary

5.1 We have referred to a number of transactions in forming our opinion of value and provide the relevant market commentary below.

Land Sales

5.2 We are aware of a number of land transactions without planning permission:

• Norbury Sports Ground, Streatham, SW16 – a 28 acre site tenanted by Powerleague Fives Ltd on a 60 year lease from 1999 with an income of £16,000 per annum. The land was sold in July 2011 for £610,000 equating to £21,661 per acre.

• Land at 648 London Road, Ashford, Middlesex, TW15 – a 4.7 acre agricultural site with a grazing

licence that produces £1,200 per annum. The land was sold in November 2011 for £103,000 equating to £21,914 per acre.

• Land at Duke’s Hill, Woldingham, Caterham, CR3 – An 8 acre agricultural site overlooking

Woldingham Golf Club. The land was sold in September 2011 for £170,000 equating to £21,350 per acre.

• Land adjacent to St Davids Court, Stoneleigh Road, Bromley, Kent BR1 – A 3 acre agricultural site

close to Chiselhurst train station. The site was sold in December 2010 for £71,000 equating to £23,666 per acre.

5.3 There is a limited amount of evidence in London for land that has not been sold with development potential. The evidence above indicates a value of between £20,000 - £25,000 per acre.

Heston Park (public open space)

5.4 We have applied a rate of £45,000 per acre to the Park and have then deducted purchasers costs.

5.5 We consider the disused tennis courts on the site to be of nominal value due to the poor condition.

Land south west of Heston Park (fairground site, al so known as Site A)

5.6 We have applied a rate of £25,000 per acre to Site A, to reflect that this area is overgrown and not as well maintained as the Park.


6 Valuation


6.1 In our opinion, the market value of Heston Park as at the valuation date is:

£480,000

(Four hundred and eighty thousand pounds)

Assets held in Trust

6.2 In our opinion, the market value of Site A, held in Trust as at the valuation date is:

£83,000

(Eighty three thousand pounds)

6.3 These valuations should be read in conjunction with the contents of this report.

6.4 We are of the opinion that the proposed relocation of the Trust onto Heston Park is in the best interests of the Trust as it makes the best use of the relevant land and building and represents a commensurate value to the land currently held under the Trust.

6.5 We believe that with regard to disposing of the relevant land, in order to ensure the terms on which they are disposed are the best that can reasonably be obtained for the Trust, then the following advice applies:

• It would not be in the best interests of the Trust to make any alterations prior to disposal; • Site A should not be divided any further for the purposes of the disposition; • That the land should be marketed for a period of two months in the form of an informal tender. We

understand that the Client is currently seeking marketing advice; and • That there is no benefit or advantage to delaying the proposed disposition.

6.6 We are of the opinion that with regard to relocating the Trust, the land at the Park is suitable for the purposes of the ‘swap’, for the following reasons:

• The land is immediately adjacent to Site A; • The land is suitable for the use of the public as a park and pleasure ground as it is currently in use as a

park; and • The land will require no changes to be made in order to relocate the Trust.


7 Sources and Verification of Information

Inspections

5.1 The properties were inspected on 31 May 2013.

Floor and Site Areas

5.2 We did not take any check measurements on site to verify the reasonableness of floor areas provided to us. We assume that all floor areas provided to us have been calculated in accordance with the Code of Measuring Practice published by the RICS and the basis of measurement is specified.

5.3 Site areas, where given, are normally computed from plans or the Ordnance Survey and by reference to observed boundaries. Site boundaries shown on plans in this report are for identification purposes only.

Title

5.4 We do not carry out our own investigations as to title. For information on title we rely upon information provided by the Client. Unless informed otherwise we have assumed that the property is held on a freehold basis and is free from any unusual or onerous covenants, easements, encumbrances or restrictions which may affect value.

Occupational Interests

5.5 Unless specifically stated we have read copies of the leases, licences, etc. provided to us. In cases where those documents are not inspected by us, and in the absence of a solicitor’s report on leases, we have assumed that leases are drawn on standard commercial terms and contain no unusual clauses that impact on rental value.

Covenant Status

5.6 We have made no detailed investigation of any individual tenant’s covenant strength. In arriving at our opinions of value of tenanted property we assumed that the results of any enquiries would indicate that the tenant’s (or tenants’) financial position to be acceptable to purchasers of that type of investment.

Services

5.7 We have not tested services or investigated the availability of services not supplied. Unless otherwise informed we assumed that the services are available or can be connected without abnormal cost. We also assumed any associated controls or software are in working order and free from defect.


Condition and Deleterious Materials

5.8 We have not carried out a condition or structural survey, nor inspected those parts which are covered, unexposed, or inaccessible and such parts are assumed to be in good repair and condition. We cannot express an opinion about or advise upon the condition of uninspected parts, and our valuations should not be taken as making any implied representation or statement in such matters.

5.9 We have not arranged for any investigations to be carried out to determine whether or not any deleterious or hazardous materials (high alumina cement, woodwool slabs, blue asbestos, calcium chloride, composite panels) have been used in the construction of any property, or have since been incorporated.

5.10 Unless specifically notified to the contrary, for the purpose of our valuations, we assumed that such investigations would not disclose the presence of any such material to any significant extent.

Disability Discrimination Act

5.11 We have not undertaken an assessment or investigation into the compliance of any building or structure with the Disability Discrimination Act. In arriving at our opinions of value, we make no allowance for any works required by this legislation.

Energy Performance Certificates (‘EPC’) and Display Energy Certificates (‘DEC’)

5.12 We have not carried out nor commissioned EPCs or DECs. Where we are provided with an EPC and/or DEC we have considered the market’s likely reaction to its/their content in forming our opinion of value. Where we are not provided with a copy of an EPC or DEC, or where they do not exist, we have assumed that the results of any investigation would result in the market arriving at a ‘neutral’ value position.

Ground Conditions

5.13 We have not carried out our own investigations into ground conditions. Unless informed to the contrary we assumed that the property would be physically capable of redevelopment and that no special or unusual costs would be incurred.

Environmental Contamination

5.14 We have not carried out our own investigations into the presence or otherwise of contaminative substances, or substances which may give rise to contamination in any form whatsoever. We are unable to guarantee or warrant that sites are not and never have been subject to contaminative uses and/or are not contaminated.

5.15 Unless informed otherwise our valuations are prepared on the assumption that no contaminative substances are present on the sites or neighbouring sites so as to affect the same. If we are provided with the results of investigations by third parties we shall review and, subject to the limit of our qualifications, comment on the findings in our report.

5.16 Should subsequent investigations establish that contamination, seepage or pollution exist to a material extent on the site, or on a neighbouring site, this might cause us to alter our opinion of value.

Planning

5.16 Enquiries were made of the local planning authority in order to ascertain policies and commitments in so far as they might affect the property. We assumed that the information received was complete and accurate. However, these enquiries revealed only proposals formally approved by the authority and not those under


consideration and therefore the properties may be affected by proposals currently under consideration of which we are unaware. No responsibility is accepted for any inaccurate information provided.

Appendix A – Letter of Instruction



Dear Sirs

London Borough of Hounslow Heston Leisure Centre Redevelopment Valuation for t he Charity Commission – Terms of Engagement

Thank you for instructing Deloitte LLP (“Deloitte”). This letter contains the terms upon which we will provide the Services set out below and the fees that will be paid. Any capitalised terms used in this letter shall have the meaning given to them in the attached terms and conditions, unless otherwise defined in this letter.

Services

You require valuations of the following assets:


• Heston Park (public open space) identified in orange on the attached plan.

Assets held in trust under a Deed of Gift and a Dec laration of Trust (the “Trusts”):

• Land south west of Heston Park (fairground site, also known as Site A); and • Heston Scout Hut and Heston Village Hall (also known as Site C), both identified in blue on the

attached plan.

The Client is proposing to dispose of the Trusts and relocate them on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trusts.

The basis of valuation we shall adopt will be Market Value which is defined in the Appendix to this letter.



Direct: +44 (0) 20 7007 5308 [email protected] London Borough of Hounslow

Civic Centre Lampton Road Hounslow TW3 4DN


25 July 2013 Our ref: OELS/WAR/KEP/C-0229519-01 Your ref: WE5058959

2

The valuation date will be the 25 July 2013.

The valuation report will be addressed to the Client and cannot be disclosed or relied upon by any third parties apart from the Charity Commission, Dalton Warner Davis LLP and the GLA, on receipt of a signed client authorisation letter from LB Hounslow, and a no duty release letter to be signed by the latter two parties listed above. Copies of these letters will be provided separately.

Compliance

Our report will comply fully with the requirements of the RICS Valuation – Professional Standards 2012 (Global and UK edition) which is commonly known as “The Red Book”.

It will also comply with UKGN7 “Valuations for charities” of the Red Book.

We confirm that those individuals within Deloitte who are responsible for the valuation have the relevant experience and expertise and that we have the competence to carry out this assignment. We will be acting as external valuers. We confirm that we have not had any previous material involvement in connection with the property.

We also note that the London Borough of Hounslow is an internal audit client and that Mills & Reeve LLP is an audit client of Deloitte. We have disclosed this engagement to the audit partners who have confirmed that the scope of this engagement will not impair Deloitte’s objectivity in performing any audit work. In addition, the Charity Commission for England and Wales is a non-audit client of Deloitte and in accordance with our compliance procedures, we have disclosed this relationship to you prior to the engagement being accepted.

Basis of Valuation and Sources of Information

Details of the basis of valuation, the assumptions that we will make, and the limitations on our enquiries are set out in the Appendix to this letter. These will apply in this appointment except that:

� We will not undertake any measurements or a condition survey.

Timescale

We will aim to provide you with a draft of our report in electronic format as soon as possible.

Responsibility for Services

I will be the director principally responsible for the Services. I shall be assisted by Kathryn Pitts BA BSc MRICS, who can be contacted on 020 7303 3019 or [email protected].

Fees and Expenses

Our fee for providing the valuation in accordance with your requirements will be as set out in our email dated 23 May 2013. The fee will include the preparation of up to two copies of a report on the property.

Our fees are inclusive of disbursements but exclusive of VAT. Our fees will be addressed to you and shall be invoiced with our final report or two weeks after we issue our draft report if sooner. Fees are payable upon presentation of our invoice.

4

Appendix

5

General

In preparing our valuations, we follow the “RICS Valuation – Professional Standards 2012” (Global and UK edition).

Confidentiality and Restrictions on Use

Our valuation reports are confidential to the party to whom they are addressed and their professional advisors. Our reports are for the use of those parties only.

Consequently, no responsibility can be accepted to any third party in respect of the whole or any part of a report’s contents. Before the report or any part of it is reproduced or referred to in any document, circular or statement, our written approval as to the form and context of such a publication must be obtained.

Basis of Valuation

Definition of Market Value

Our valuations are prepared on the basis of Market Value which is defined in the Red Book as follows:

The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

Costs

No allowance is made in our valuations for any expenses of realisation.

Tax

No allowance is made in our valuations for any liability for payment of corporation tax, or any liability for capital gains tax whether existing, or which may arise in the future. Our valuations are exclusive of Value Added Tax (VAT).

Plant & Machinery

Our valuations take account of those items of plant and machinery normally associated with the valuation of land and buildings, such as boilers, heating, sprinklers, ventilation systems and the like. For trading properties we also take account of fixtures, fittings, furniture, furnishings and equipment associated with the business and trading potential.

Basis of Valuation & Limitations

6

Our valuations exclude process plant, machinery and fixtures and fittings that would normally be taken to be the property of the tenant.

Limitations

Inspections

Unless otherwise agreed and instructed all properties are inspected.


Unless instructed otherwise we take check measurements on site to verify the reasonableness of floor areas provided to us.

We assume that all floor areas provided to us have been calculated in accordance with the Code of Measuring Practice published by the RICS and the basis of measurement is specified.

Site areas, where given, are normally computed from plans or the Ordnance Survey and by reference to observed boundaries. Site boundaries shown on plans attached to our report are for identification purposes only.

Title

We do not carry out our own investigations as to title. For information on title we rely upon information provided. Unless informed otherwise we assume that all properties are held on a freehold basis and are free from any unusual or onerous covenants, easements, encumbrances or restrictions which may affect value.


Unless specifically stated we read copies of the leases, licences, etc. provided to us. In cases where those documents are not inspected by us, and in the absence of a solicitor’s report on leases, we assume that leases are drawn on standard commercial terms and contain no unusual clauses that impact on rental value.

Covenant Status

We make no detailed investigation of any individual tenant’s covenant strength. In arriving at our opinions of value of tenanted property we assume that the results of any enquiries would indicate that the tenant’s (or tenants’) financial position to be acceptable to purchasers of that type of investment.

Services

We do not test services or investigate the availability of services not supplied. Unless otherwise informed we assume that the services are available or can be connected without abnormal cost. We also assume any associated controls or software, are in working order and free from defect.


We do not carry out a condition or structural survey, nor inspect those parts which are covered, unexposed, or inaccessible and such parts are assumed to be in good repair and condition. We cannot express an opinion about or advise upon the condition of uninspected parts, and our valuations should not be taken as making any implied representation or statement in such matters.

7

We do not arrange for any investigations to be carried out to determine whether or not any deleterious or hazardous materials (high alumina cement, woodwool slabs, blue asbestos, calcium chloride, composite panels) have been used in the construction of any property, or have since been incorporated.

Unless specifically notified to the contrary, for the purpose of our valuations, we assume that such investigations would not disclose the presence of any such material to any significant extent.


We do not undertake an assessment or investigation into the compliance of any building or structure with the Disability Discrimination Act. In arriving at our opinions of value, we make no allowance for any works required by this legislation.


We neither carry out nor commission EPCs or DECs. Where we are provided with an EPC and/or DEC we consider the market’s likely reaction to its/their content in forming our opinion of value. Where we are not provided with a copy of an EPC or DEC, or where they do not exist, we assume that the results of any investigation would result in the market arriving at a ‘neutral’ value position.

Ground Conditions

We do not carry out our own investigations into ground conditions. Unless informed to the contrary we assume that the property would be physically capable of redevelopment and that no special or unusual costs would be incurred.


We do not carry out our own investigations into the presence or otherwise of contaminative substances, or substances which may give rise to contamination in any form whatsoever. We are unable to guarantee or warrant that sites are not and never have been subject to contaminative uses and/or are not contaminated.

Unless informed otherwise our valuations are prepared on the assumption that no contaminative substances are present on the sites or neighbouring sites so as to affect the same. If we are provided with the results of investigations by third parties we shall review and, subject to the limit of our qualifications, comment on the findings in our report.

Should subsequent investigations establish that contamination, seepage or pollution exist to a material extent on the site, or on a neighbouring site, this might cause us to alter our opinion of value.

Planning

Enquiries are made of the local planning authority in order to ascertain policies and commitments in so far as they might affect the property. We assume that the information received is complete and accurate. However, these enquiries reveal only proposals formally approved by the authority and not those under consideration and therefore the properties may be affected by proposals currently under consideration of which we are unaware. No responsibility is accepted for any inaccurate information provided.

The following are the terms and conditions (the “Terms and Conditions”) on which we, Deloitte (as defi ned in clause 13.8 below), will provide certain services (the “Services”) to you as set out within the attached Letter of Engagement. The Letter of Engagement and the Terms and Conditions are together referred to as the “Contract” or “the Engagement”.1. The contract between us1.1 This Contract represents the entire understanding and constitutes the entire agreement between

the parties in relation to its subject matter and supersedes any previous agreement between the parties as to such subject matter. Each of the parties acknowledges and agrees that in entering into this Contract it has not relied on any representation or warranty or undertaking other than those expressly set out in this Contract and, except in relation to any liability for fraudulent misrepresentation, neither party shall be under any liability or shall have any remedy in respect of misrepresentation or untrue statement unless and to the extent that a claim lies under this Contract.

1.2 If we have already started work (e.g. by gathering information, project planning or giving initial advice) then you agree that this Contract applies retrospectively from the start of our work.

2. Confi dentiality2.1 No party will disclose to any third party without the prior written consent of the relevant party

any confi dential information which is received from the relevant party for the purposes of providing or receiving Services which if disclosed in tangible form is marked confi dential or if disclosed otherwise is confi rmed in writing as being confi dential or, if disclosed in tangible form or otherwise, is manifestly confi dential. Each of us agrees that any confi dential information received from the other party shall only be used for the purposes of providing or receiving Services under this Contract. These restrictions will not apply to any information which:

(a) is or becomes generally available to the public other than as a result of a breach of an obligation under this Clause 2.1;

(b) is acquired from a third party who owes no obligation of confi dence in respect of the information; or

(c) is or has been independently developed by the recipient or was known to it or prior to receipt.2.2 Notwithstanding Clause 2.1 above each party will be entitled to disclose confi dential information

of the other:(a) to their respective legal advisers, (b) to their respective directors, offi cers, members, partners or employees;(c) to any Deloitte Party and any subcontractors we use to provide the Services (or more generally in

support of our offi ce administration); and(d) to a third party to the extent that this is required by any court of competent jurisdiction or by a

governmental or regulatory authority or where there is a legal or professional duty or requirement to disclose it.

2.3 Unless otherwise set out in the Letter of Engagement, we shall be entitled to disclose, advertise and publicise our Engagement although we shall use our reasonable endeavours to inform you of any publicity or advertisement in advance of its release.

3. Reports and advice; communications3.1 Reliance on Drafts or oral advice: You shall not place reliance on oral advice or draft reports,

conclusions or advice, issued by us as the same may be subject to further work, revision and other factors which may mean that such drafts are substantially different from any fi nal report or advice issued.

3.2 Use and Purpose of Advice, Reports and Models: Any advice given or report or model issued by us is provided solely for your use and benefi t and then only in connection with the purpose in respect of which the Services are provided. Unless you are permitted to do so pursuant to clause 2.2 above, you shall not provide such report or model or advice to any third party or refer to us or the Services without our prior written consent, which we may at our discretion grant, withhold or grant subject to conditions. In no event, regardless of whether consent has been provided, shall we assume any liability or responsibility to any third party to whom any advice or report or model is disclosed or otherwise made available, and you will indemnify us against all claims resultant from your breach of this clause

3.3 Electronic Communications: During the Engagement we may wish to communicate electronically with each other. However, the electronic transmission of information cannot be guaranteed to be secure or error free and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We each agree to use commercially reasonable procedures to check for the most commonly known viruses before sending information electronically, but we recognise that such procedures cannot be a guarantee that transmissions will be virus free. Accordingly, we shall each be responsible for protecting our own interests in relation to electronic communications and for ensuring that an electronic communication is not misaddressed.

3.4 In providing the Services to you or otherwise in connection with the Services, we may need to collect hold and use information (e.g. contact details) about identifi able individuals (“Data Subjects”). We may also use such information as part of our client opening and general administration process (e.g. in order to carry out anti-money laundering, confl ict and fi nancial checks or debt recovery). Information about a Data Subject may be transferred to or be accessible from Deloitte Parties’ offi ces around the world for these purposes or for the purposes identifi ed in the following paragraph. Should your offi cers or employees enquire, please inform them that we may hold information relating to them for these purposes. Further, we may occasionally contact you with details of events/seminars we are holding, or we may send you publications or newsletters, which we believe may be of interest to you. If you do not wish to receive this information, please let us know by informing the partner responsible for the Services.

3.5 In providing some of the Services to you we may be processing information about Data Subjects on your behalf for the purposes of the Data Protection Act 1998. In these circumstances, we will (i) only process personal data in accordance with your lawful and reasonable instructions; and (ii) comply with security obligations equivalent to those imposed on you, as Data Controller, by the seventh principle of that Act.

3.6 In the course of providing the Services, we may make references to spreadsheets or computer models (together “models”) that you may provide to us or ask us to rely upon (“Your Models”) or that we may have developed or used in connection with the Services (“Our Models”). All models have limits and may not produce valid results for all possible combinations of input data; errors and potential errors may therefore go unnoticed. Unless otherwise expressly agreed in the Letter of Engagement, (i) we will not be responsible for reviewing, testing or detecting any errors in any of Your Models and (ii) we will not provide you with a copy of any of Our Models for your use. In

some cases it may be expedient for us to provide you for your convenience with a copy of one or more of Our Models by way of explanation or illustration of our Services or related advice. Where we agree to do so, any such model will have been developed solely for our internal use and incidental to our providing the Services, rather than being a deliverable itself. Consequently, without in any way qualifying the Services, in providing you with any of Our Models, we make no representation, warranty or undertaking (express or implied) in relation to and take no responsibility for the accuracy, suitability, adequacy, completeness or reasonableness of any of Our Models for your own use. Prior to manipulating or placing any reliance on any models – Our Models or Your Models – you are advised to carry out appropriate checks on them.

4. The services and our respective responsibilities in relation to them4.1 The scope of the Services and any reports to be provided under this Contract together with our

responsibilities for them are as described in the Letter of Engagement. We will use all reasonable efforts to supply the Services in accordance with any timetable referred to in the Letter of Engagement or otherwise specifi ed by the parties. However, unless specifi cally agreed otherwise between you and us, all dates given or specifi ed by you for the supply of the Services are intended for planning and estimating purposes only and are not contractually binding.

4.2 Whilst we will attempt to comply with your request for specifi c individuals, the appointment of all personnel to perform the Services and the nature and duration of their assignment shall be made as we consider appropriate. We may at any time replace or reassign any personnel assigned by us to the Services. In such circumstances we will endeavour to give you reasonable notice.

4.3 You will give us all the information and access that is necessary for the performance of the Services. Further, where needed to assist us in performing the Services, you will (i) take decisions and obtain management approvals promptly; (ii) give us full and prompt access to your personnel and premises and those of your affi liates and to your other advisers associated with the Engagement (if any), together with all necessary administrative support; (iii) obtain any approvals, licences and security clearances promptly (including any relating to third parties, our personnel and any subcontractors).

4.4 You agree that (except as otherwise specifi cally notifi ed to us by you in writing) that all information provided by and on your behalf in respect of the Services is complete and accurate and is not misleading (either on its face or by inference or omission) and that there are no other material facts known to you that may be relevant to us in carrying out the Services and further that we may rely on such information. Any reports issued or conclusions reached by us may be based upon information provided by and on your behalf. Accordingly, we assume no responsibility and make no representations with respect to the accuracy or completeness of any information provided by you and on your behalf.

4.5 You agree that you will apply your independent business judgment to evaluate any report we produce, including any advice or recommendations we give you. You will be responsible for deciding whether our recommendations make sense in the context of your business and whether you wish to rely on, implement or act on them, including the actions necessary to realise any expected benefi ts.

4.6 Where you are using third parties to provide information, materials or other assistance in support of the Services, or you are employing other suppliers whose work may affect our ability to deliver the Services, you will be responsible for the management of such persons and their performance, including the timeliness and quality of their input and work.

4.7 Unless the Letter of Engagement specifi es otherwise, you agree that any report prepared pursuant to the Services will be deemed accepted by you (and the Services, or the relevant part of them, completed) when it is delivered to you in its fi nal form.

5. Intellectual property5.1 All intellectual property rights including copyright, database rights, design rights (whether registered

or unregistered), trade mark rights (or patent rights) in any materials created or produced by us in relation to the Services (including any reports, forecasts, drawings, spreadsheets, plans or other material) shall remain our property absolutely unless otherwise expressly stated in the Letter of Engagement provided always that we hereby grant to you a revocable licence to use and copy such materials for your own internal use subject to clause 3.2 above.

6. Fees6.1 Fee Basis: Our fees will be charged on the basis set out in the Letter of Engagement or as

otherwise notifi ed to you.6.2 Payment of Fees: The timing for payment of fees and expenses shall be of the essence. If we

do not receive payment of any invoice within 30 days of the invoice date we shall be entitled, without prejudice to any other rights that we may have, to charge you interest accruing on the sum due to us at the rate of 3% above the base rate of the Royal Bank of Scotland Plc from time to time calculated on a daily basis from the date of the relevant invoice until the date of payment in full. If any invoice remains unpaid (whether in whole or in part) for a period of 60 days or more, we shall be entitled to suspend provision of the Services in accordance with Clause 9.1 below until all sums due are paid in full.

6.3 Payment of Tax: All sums charged in connection with the Services, including expenses and disbursements, will be stated exclusive of any taxes. You will be responsible for paying any taxes arising from the Contract for which you are legally liable as well as Value Added Tax at the rate in force at the date the liability arises.

7. Other consultants7.1 Your Responsibility for Other Parties: You shall be solely responsible for the work and fees

(which shall be paid directly by you) of any other party (including co-consultants and contractors) engaged by you, or by us on your behalf, to participate in the Engagement regardless of whether such party was introduced to you by us. Except as provided in the Letter of Engagement, we shall not be responsible for providing or reviewing specialist advice or services including surveying, legal, due diligence or any other investigative services.

7.2 Subcontracting the Services to Deloitte Parties: This Contract is between you and Deloitte. You agree that your relationship is solely with Deloitte as the entity contracting with you to provide the Services. Notwithstanding the fact that certain Services under the Contract may be carried out by personnel provided to Deloitte from other Deloitte Parties through service or other agreements, you agree that none of the Deloitte Parties (except Deloitte) will have any liability to you and that you will not bring any claim or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise and including, but not limited to, a claim for negligence) in any way in respect of or in connection with this Contract against any of the Deloitte Parties (except Deloitte) we use to provide the Services. The foregoing exclusion does not apply to any liability, claim or proceeding founded on an allegation of fraud or other liability that cannot be excluded under English law.

7.3 Notwithstanding clause 7.1 and in addition to clause 7.2, we may delegate the provision of our Services, or part of them, to a third party that is not a Deloitte Party where this is reasonable, but we shall also remain liable for the acts and omissions of that third party unless you agree in advance to rely on the services and products provided by that third party, such agreement not to be unreasonably withheld or delayed. If delegation is at your specifi c request, we will not be liable for the actions of the third party.

7.4 We will have no liability for services or products that we reasonably need to obtain from others in order to provide our Services.

8. Changes To Services And To The Contract8.1 Any party may request changes to the Services. We shall work with you to consider and, if

appropriate, to vary any aspect of the Engagement, subject to payment of reasonable additional fees and a reasonable additional period to provide any additional Services. Any variation to the Contract, including any variation to fees, services or time for the performance of the Services, shall only be effective if set forth in a supplemental letter of engagement signed by an authorised signatory of Deloitte which shall form part of the Contract and to which these Terms and Conditions shall apply.

9. Suspension of contract9.1 Suspension of the Contract: At any time during the term of the Contract, any party may give

immediate notice to the other suspending the performance of its duties and obligations under the Contract in the event that:

(a) circumstances exist or arise which, in the reasonable opinion of that party, materially and adversely affect the performance of, or the ability to perform, that party’s duties and obligations under the Contract;

(b) any party becomes aware that another party has failed (whether before or after the date of the Letter of Engagement) to disclose to it information which in the reasonable opinion of that party is material to the performance of its duties and obligations under the Contract.

9.2 We shall be entitled to suspend the Services and performance of our duties and obligations under the Contract in the event that any invoice remains unpaid (whether in whole or in part) for a period of 60 days or more and except as provided by Clause 9.1(b), we shall not be liable for any delays, losses, costs, damages or expenses resulting from such suspension.

9.3 Variation Following Suspension: If we suspend the performance of the Contract pursuant to Clauses 9.1 or 9.2, we shall be entitled reasonably to vary our fees for the resumed performance of the Contract.

10. Termination10.1 The Contract may be terminated: (a) by any party on written notice with immediate effect if another party commits a material breach

of any term of this Contract which is irremediable or, if remediable, is not remedied within 30 days of a written request to remedy the same;

(b) by any party upon written notice if the period of suspension of the Contract referred to in Clause 9.1 continues for 30 days or more;

(c) by any party upon notice if the other party becomes the subject of insolvency proceedings or calls any meeting of its creditors;

(d) should any action by you create a situation which amounts to a professional confl ict of interest under the rules of the professional and/or regulatory bodies regulating the activities of the Deloitte Parties , we may terminate this Contract without penalty on written notice. We will inform you as soon as reasonably practicable of any situation that occurs that we become aware of that may create a professional confl ict of interest which could result in termination in accordance with this clause

10.2 Upon termination of the Contract:(a) each party shall upon written request from the other return to the other all property and

documentation of the other that is in its possession or control except that we shall be entitled to retain a reasonable number of copies of such documents that we require to maintain a record of our involvement in the Engagement;

(b) we shall be entitled to retain all fees, expenses and disbursements previously paid by you to us and you shall pay forthwith all fees, disbursements and expenses due in respect of the Services provided up to the date of termination together with our reasonable costs and expenses incurred in connection with the termination of the Contract;

(c) the terms of the Contract which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind all parties.

11. Liability11.1 Limitation of our liability:(a) We will seek to provide a service such as would be expected of a national fi rm of professional

consultant surveyors and we will use reasonable skill, care and diligence in the provision of the Services.

(b) Nothing in this Contract shall exclude, restrict or prevent a claim being brought in respect of any liability arising from fraud or other liabilities which cannot lawfully be limited or excluded.

(c) We shall not accept liability for any loss, damage, cost or expense arising from (i) any breach by you of your agreement with us or any act or omission of any other person or (ii) any use by you of our reports or Services for a purpose other than as set out in the Letter of Engagement.

(d) Our liability to you and to all other persons who we both have agreed may have the benefi t of and rely on our work on the terms hereof (you and they each “a Benefi ciary”) to pay damages as a direct result of breach of contract or negligence or any other tort by us in connection with or arising out of the Engagement or any addition or variation thereto shall be limited to that proportion only of your actual loss which was directly caused by us and in any event our liability shall in no circumstances exceed in aggregate the amount specifi ed in the Letter of Engagement or, if no amount is specifi ed in there, £500,000. In any event, we will not be liable for any indirect, special and consequential loss, and/or any loss which is caused by circumstances beyond our reasonable control.

(e) Any liability which we may have to you under or in connection with this Contract for losses suffered by you shall (so far as permitted by law) be limited to such an amount as is fi nally determined to be just and equitable, having regard to the extent of responsibility for those losses of us, you (including your directors, offi cers, employees or agents), and any person other than us who is jointly or severally liable to you for all or part of the same losses, provided always that our liability to you shall not under any circumstances exceed in aggregate the amount set out in this contract. Any limitation or exclusion or restriction on the liability of any such other person under any jurisdiction, whether arising under statute or contract or resulting from death, bankruptcy or insolvency, or any settlement of such liability agreed with you, shall be ignored for the purposes of determining whether that other person is liable to you and the extent of responsibility of that other person to you.

(f) Where there is more than one Benefi ciary of the Services, the limit of liability specifi ed in clause 11.1(d) above will have to be allocated between all Benefi ciaries. No Benefi ciary shall dispute or challenge the validity, operation or enforceability of this clause on the grounds that no such apportionment has been so agreed or on the grounds that the agreed share of the limitation amount so apportioned to any Benefi ciary is unreasonably low.

(g) We have no responsibility for anything that is beyond the scope of the Services defi ned in the

Letter of Engagement. In particular, we have no obligation to provide, nor any liability for either an opinion on price (unless specifi cally instructed to carry out a Valuation as covered by the RICS Red Book) or advice, or failure to advise, on the condition of a property (unless specifi cally instructed to carry out a formal building survey).

11.2 Liability Limitation and the Provision of Information: Notwithstanding clause 11.1(b) and 11.1(d), but subject always to clause 11.1(a), in no circumstances shall we be liable to pay any damages to you for losses arising out of or in any way connected with the provision of information to us by you or your failure to provide information to us either punctually or at all or any fraudulent act, misrepresentation or wilful default on your part.

12. Personnel12.1 No party shall directly solicit the services of any employee, agent or representative of the other

who is involved in the Engagement without the prior written consent of the relevant party during the term of the Contract or for the period of six months after the termination of the Contract. If during the term of the Contract or for the period of six months after the termination of the Contract any employee of any party accepts an offer of employment made by another party as a result of an introduction in the course of the Engagement, the party shall pay to the other a sum equivalent to six months gross salary of the employee concerned including any monetary bonuses payable to that employee during the term of the Contract or for the period of six months after termination of the Contract.

13. Miscellaneous provisions13.1 Actions Required by Law: Nothing in the Contract shall prevent us from taking all such

action as may be required by law or statute or to comply with the regulations of any relevant professional or regulatory bodies. This includes compliance with Anti-Money Laundering Regulations.

13.2 Confl ict: In the event of any confl ict between the Terms and Conditions and the Letter of Engagement, the Terms and Conditions shall prevail except where amended by specifi c reference to the relevant paragraph of the Terms and Conditions. In the event and only to the extent of any confl ict between the Letter of Engagement and any referenced or attached document other than the Terms and Conditions the Letter of Engagement will take precedent.

13.3 Force Majeure: Neither party shall be liable for any failure or delay in performing any of its obligations hereunder if such failure or delay is caused by the occurrence of an event outside of that party’s reasonable control.

13.4 Waiver of Remedies: No forbearance, delay or indulgence by either party in exercising or enforcing the provisions of this Contract shall prejudice or restrict the rights (whether provided by this Contract or by law) of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party or available by law is exclusive of any other right, power or remedy available to that party (whether under this Contract or at law) and each such right, power or remedy shall be cumulative.

13.5 Severability: If any provision in this Contract is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of this Contract and the enforceability and validity of the remainder of this Contract shall not be affected. Provided always that if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions the parties shall negotiate in good faith to amend and modify them as may be necessary or desirable in the circumstances.

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13.10 Dispute Resolution: The parties will attempt to resolve any dispute that may arise under or in connection with this contract by negotiation. If after a reasonable time any dispute has not been resolved by negotiation, then subject to both parties’ consent in writing, the parties may refer the dispute to mediation.

© 2013 Deloitte LLP. All rights reserved.

Appendix B – Site Plans

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Appendix 3 - Document: C-0229519 / August 2013) Valuation

of Village Hall Scout Hut Land, Heston Park

Document: C-0229519-91 / August 2013

London Borough of Hounslow: The Council as Trustees of the Village Hall Scout Hut Land at Heston Park Valuation of Village Hall Scout Hut Land, Heston Park



Dear Sirs

London Borough of Hounslow – The Council as Trustee s of the Village Hall Scout Hut Land at Heston Park Heston Leisure Centre Redevelopment Valuation for t he Charity Commission

We are pleased to attach a copy of our valuation report in connection with the above.

This report is confidential to the London Borough of Hounslow and their professional advisers and is for the use of those parties only.

Consequently, no responsibility is accepted to any third party in respect of the whole or any part of its contents. Before the report or any part of it is reproduced or referred to in any document, circular or statement, our written approval as to the form and context of such publication must be obtained.

Yours faithfully

Wendy Robertson Deloitte LLP



Direct: +44 (0) 20 7007 5308 [email protected] The Council as Trustees of the Village Hall Scout Hut Land at Heston Park

London Borough of Hounslow Civic Centre Lampton Road Hounslow TW3 4DN


23 August 2013 Our ref: OELS/WAR/KEP/C-0229519-01 Your ref: WE5058959

Contents

Executive summary 1

1 Introduction 3

2 Assets held by the London Borough of Hounslow 5

3 Assets held in Trust 6

4 Basis of Valuation 13

5 Valuation Commentary and Methodology 14

6 Valuation 17

7 Sources and Verification of Information 19

Appendix A – Letter of Instruction 2

Appendix B – Site Plans 3

London Borough of Hounslow: The Council as Trustees of the Village Hall Scout Hut Land at Heston Park Valuation of Village Hall Scout Hut Land, Heston Park 1

Executive summary

This Report is confidential to the London Borough of Hounslow ("the Client"), has been prepared in accordance with the terms of our contract with the Client dated 25 July 2013 ("the Contract"), and is subject to the restrictions on use specified in the Contract. No party is entitled to rely on the Report for any purpose whatsoever and we accept no responsibility or liability to any party in respect of the contents of this Report. This Report must not, save as expressly provided for in the Contract be recited or referred to in any document, or copied or made available (in whole or in part) to any other person without our express prior written consent.

If access to this report and these valuations is re quested by the Royal Bank of Scotland Group, Santan der Group, Royal Bank of Canada Group, Morgan Stanley, BNP Paribas (including Fortis) or Canada Life, eith er as sole lender or as syndicate members, we request that we are informed in order that we can satisfy o ur own regulatory requirements before access is permit ted.

The London Borough of Hounslow is proposing to dispose of two Trusts and relocate them on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trusts.

The Council is proposing the exchange of land comprising the land held in Trust under the Deed of Gift dated 22 August 1935 and relocating this on to Heston Park as part of the Heston Leisure Centre Redevelopment.

Valuations have been provided for the following assets:

Assets held by the London Borough of Hounslow (the “Client”): Heston Park (public open space)

A well maintained park with a central grassed area, pathways and disused tennis courts and a basketball court, extending to 4.486 hectares (11.086 acres), held freehold by the London Borough of Hounslow. This has been valued on a rate per acre basis.

Assets held in trust (the “Trust”): Assets held unde r a Deed of Gift dated 22 August 1935 - Heston Scou t Hut and Heston Village Hall (also known as Site C)

Heston Scout Hut and Heston Village Hall are adjacent to one another. The assets were transferred under a Deed of Gift dated 22 August 1935. This states that the land and the Village Hall are included in the Deed of Gift, but that the Scout Hut is excluded. The lease for the Scout Hut site relates to a ground lease.


Heston Scout Hut is a single storey 1930s building of wooden construction used as a Scout Hut, with simple kitchen facilities and external toilet facilities. The property is in a poor state of repair. We understand the internal demised area extends to a net internal area (NIA) of 147 sq m (1,582 sq ft). We have valued the current ground lease and have assumed that at reversion a new building for public/community use could be constructed. . We have also made a deduction to allow for compensation to the tenants.

Heston Village Hall is a single storey 1930s brick building with a slate pitched roof, with a main hall, kitchen, storage areas and toilet facilities. The property is in a fair to good condition given its age. We understand the demised area extends to a GIA of 250 sq m (2,691 sq ft). We have valued this site with reference to comparables.

Valuations Assets held by the London Borough of Hounslow

Site Value

Heston Park (public open space) £480,000 Four hundred and eighty thousand pounds

Assets held in trust under a Deed of Gift (the “Tru st”)

Site Value

Heston Scout Hut (also known as Site C)

£26,000 Twenty six thousand pounds

Heston Village Hall (also known as Site C)

£330,000 Three hundred and thirty thousand pounds

Total £356,000 Three hundred and fifty six thousand pounds

We are of the opinion that with regard to relocating the Trust, the land at the Park is suitable for the purposes of the ‘swap’, for the following reasons:

• The land is within close proximity to Site C and there is no other land which is more suitable for the purposes of the Trust nearby;

• The land is suitable for the use of a Public Hall, Recreation ground or some other local public purpose or purposes as it is currently in use as a park; and

• The land will require no changes to be made in order to relocate the Trust.


1 Introduction

Instructions

1.1 Deloitte LLP has been instructed by the Client to provide valuations of the following assets (the “Properties”):


• Heston Park (public open space).

Assets held in trust under a Deed of Gift (the “Tru st”):

• Heston Scout Hut and Heston Village Hall (also known as Site C).

1.2 The valuation has been undertaken in accordance with our letter of instruction dated 25 July 2013. A copy of this letter is enclosed at Appendix A .

Purpose and valuation date

1.3 The Client is proposing to dispose of the Trust and relocate them on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trust.

1.4 The valuation date is 25 July 2013.

Compliance

1.5 The report complies fully with the requirements of the RICS Valuation – Professional Standards 2012 (Global and UK Edition) known as ‘The Red Book’, issued by the Royal Institution of Chartered Surveyors (RICS).

1.6 We have also had regard to the Charities Act 2011 and section CC28 of the Charity Commission.

Status of Valuer

1.7 We confirm that we are acting as external valuers and that we have not had any previous material involvement in connection with the Properties. We also confirm that those individuals within Deloitte who are responsible for the valuation have relevant experience and expertise and that we have the competence to carry out this assignment.

1.8 We also note that the London Borough of Hounslow is an internal audit client of Deloitte. We have disclosed this engagement to the internal audit partners who have confirmed that the scope of this engagement will not impair Deloitte’s objectivity in performing the internal audit work.

1.9 This report has been prepared by Tim Hooper MRICS and Kathryn Pitts MRICS under the supervision of Wendy Robertson MRICS, a Director of Deloitte LLP.


Inspections

1.10 We inspected the Properties internally and externally on 31 May 2013.

Report

1.11 Our report is structured as follows:

- Assets held by the London Borough of Hounslow - Assets held in Trust - Basis of valuation - Valuation Commentary and Methodology - Valuation - Sources and Verification of Information

1.12 We attach at Appendix B site plans of the Properties.


2 Assets held by the London Borough of Hounslow

Heston Park

Location

2.1 Heston Park (“the Park”) is located in West London in Hounslow, to the south of the M4 motorway between West Hounslow and North Hyde. It is approximately one mile from Hounslow West underground station.

2.2 The Park is broadly rectangular in shape with the exception of the access road via Heston Grange Lane, and is surrounded by private residential properties to the east and west. To the north is a social housing estate and the south is Heston Village Hall, the Scout Hut and Heston library, and further residential properties along New Heston Road. A site plan is attached at Appendix B, which identifies the park within the orange boundary.

Description

2.3 The Park is well maintained with a central grassed area surrounded by a tarmacadamed path. To the south of the park are concrete surfaced tennis courts and a basketball court which appeared to be in a poor state of repair. We have been advised that these are unused and non-income generating. The fencing on the tennis courts is missing on the northern side of the court facing the park. There are a number of trees and park benches on the outer edges of the park. The park can be accessed via Heston Grange Lane at the north west corner of the site, a gateway to site A at the south west corner, and has access to New Heston Road at the south east corner of the site and a path on to Walnut Tree Road on the eastern side of the park.

Site Area

2.4 We have been advised that the Park is 6.82 hectares (16.85 acres), however, we have undertaken cross checks using Promap, which suggests that the Park is 4.486 hectares (11.086 acres), and we have used these areas for our calculations.


Photos

View from south west looking north Tennis courts to south of park

View from south east corner View from north east corner looking west


2.5 We have been provided with copies of the following legal documents relating to the Park:

• Conveyance dated 30 March 1928; • Copy of Title AGL151199; • Copy Indenture dated 8 September 1921; and • Conveyance dated 9 November 1928.

2.6 Some of these documents are of a poor quality and are only partially legible. We have not identified any onerous restrictions or covenants from these documents, however, this should be confirmed by the Client’s legal advisers.


3 Assets held in Trust


Location

3.1 Heston Scout Hut is located in West London in Hounslow, to the south of the M4 motorway between West Hounslow and North Hyde. It is approximately one mile from Hounslow West underground station.

3.2 The Scout Hut is situated north of New Heston Road. The property is located in an enclosed site bounded by the Village Hall to the south, the leisure centre to the north, the access to Heston Park on the west and the leisure centre car park to the east. The Scout Hut is accessed via a gateway into the leisure centre car park on the east and a path that runs down the west side of the Village Hall.

Description

3.3 The property is a single storey 1930s wooden construction with a metallic roof used as a Scout Hut, with simple kitchen facilities. The property has an extension to the eastern side used for storage which we were informed was rebuilt in the 1950s after fire damage. To the rear of the property is a further extension from the late 1940s and separate external brick built toilet facilities are by the front entrance. The Property is in a poor state of repair with much of the original floor boards and fittings. We were informed that the property had the electrical wiring replaced approximately two years ago.

3.4 We noted what appeared to be asbestos sheeting on the outside of the property. We would recommend a specialist report to be undertaken to verify the presence of asbestos.

Floor Areas

3.5 We understand the internal demised area extends to an NIA of 147 sq m (1,582 sq ft).

Room Sq m Sq ft

Breakout 23.00 247.57

Main Hall 76.60 824.52

Craft Store 6.50 69.97

Entrance 5.40 58.13

Kitchen 5.60 60.28

Secure Store 14.00 150.69

Store 15.90 171.15

Total 147.00 1582.29

3.6 The extent of the site area, in conjunction with the Scout Hut, extends to 0.13 hectares (0.322 acres). We

have estimated this area using Promap digital mapping software.


Photos

Scout Hut from the south Scout Hut main central hall

Kitchen facilities next to main entrance Western elevation of Scout Hut

Tenure

3.7 Freehold. The Scout Hut and Village Hall are held under a Deed of Gift dated 22 August 1935. We have had sight of the Deed of Gift which is summarised as follows:

Deed of Gift information

Grantor William Henry Fenton


The Grantor being desirous that the said property should be vested in the Corporation for the purposes of a Public Hall, Recreation Ground or any other local public purpose has offered to give the said property to the Corporation and the Corporation has agreed to accept such gift for the purposes aforesaid.

Demised Premises All that piece or parcel of freehold land situated at Heston in the Borough and Parish of Heston and Isleworth… hereto together with the Hall known as the Village Hall (with the exception of… the Scouts Hall)… to hold unto the Corporation and its successors in fee simple.

Covenants The Corporation will observe and perform the restrictive covenants set forth in the Second Schedule to a Deed of Conveyance dated the eighth day of September One thousand nine hundred and twenty-one…



Use [The Grantor to] use the said property for the purposes of a Public Hall, Recreation ground, or some other local public purpose or purposes and will not use or suffer the same to be used for any commercial purpose whatsoever.

3.8 We have not had sight of the Deed of Conveyance referred to above and in consultation with the Client, have assumed that there are no onerous covenants or restrictions in place.

3.9 The LB Hounslow have granted a ground lease to the boy scouts. We have been provided with a copy of the lease dated 20 April 1950 in respect of the Scout Hut, the main points of which are summarised below:

Lease information

Lessor The Mayor Alderman and Burgesses of the Borough of Heston and Isleworth

Original Lessee The Trustees of the 4th Heston Group Boy Scouts Association

Demised Premises Parcel of land situated at the rear of Heston Village Hall, New Heston Road, Heston

Lease Term Lease commenced 1 January 1950 for a term of two years and yearly thereafter

Current Rent Lease states £1, 3 shillings and six pence. We have been informed that the tenant is currently paying £50 per annum set on 1/12/1985

Option to Break Three calendar months previous notice in writing by either the Corporation or the Tenant

Repair Tenant to keep premises in good repair, properly painted and to make good all defects

Alienation Requires landlord permission – not to assign, underlet or part with possession of the said premises or any part thereof without the previous consent in writing of the Corporation first had and obtained

3.10 We had had sight of a memo dated 29 October 2001 from the Borough Solicitor to LB Hounslow with regard to the Scout Hut which refers to a counterpart lease which notes the following with regard to the lease to the Scout Hut:

• A protected tenancy exists; • The earliest date the lease can be terminated will be the last day of the current year of the tenancy

(1st January); • It is a protected tenancy and Section 25 applies, so not more than 12 months or less than 6 months

notice can be given; • If opposing the grant of a new tenancy on the grounds of redevelopment, the LB Hounslow will have

to provide compensation, or relocate the lessee.



Location

3.11 Heston Village Hall is located in west London in Hounslow, to the south of the M4 motorway between West Hounslow and North Hyde. It is approximately one mile from Hounslow West underground station.

3.12 The Village Hall is situated on the northern side of New Heston Road. The property is bounded by the entrance to Heston Park on the west, the library and vehicular access to Heston Swimming pool to the east and the Scout Hut immediately to the north.

Description

3.13 The property is a single storey 1930s brick Village Hall with a slate pitched roof. The property has suspended lighting with two fire exits leading off the main hall. The property is in a fair/good condition considering its age. The property has a kitchen and a storage room at the front, and a central hall. There are male/female and disabled WCs to the rear and further storage.

Floor Areas

3.14 We understand the demised area extends to a GIA of 250 sq m (2,691 sq ft) as stated in the Condition Survey Report undertaken by the NPS Group Property Consultants which we have adopted within our valuation. A detailed breakdown provides the following NIA:

Room Sq m Sq ft

Kitchen 13.00 139.93

Store 1.20 12.92

Entrance 10.40 111.94

Toilet 5.50 59.20

Corridor 2.70 29.06

Store 1.00 10.76

Office 4.90 52.74

Hall 160.00 1722.23

Store 4.50 48.44

Store 4.50 48.44

Store 5.30 57.05

Female WC 7.50 80.73

Male WC 4.20 45.21

Disabled WC 3.20 34.44

Lobby 4.30 46.28

Total 232.20 2499.38

3.15 The extent of the site area, in conjunction with the Scout Hut, extends to 0.13 hectares (0.322 acres). We have estimated this area using Promap digital mapping software.


Photos

Village Hall from New Heston Road Village Hall Interior

Village Hall eastern elevation Village Hall Kitchen facilities

Tenure

3.16 Freehold. The Scout Hut and Village Hall are held under a Deed of Gift dated 22 August 1935. We have had sight of the Deed of Gift which is summarised as follows:


Grantor William Henry Fenton


The Grantor being desirous that the said property should be vested in the Corporation for the purposes of a Public Hall, Recreation Ground or any other local public purpose has offered to give the said property to the Corporation and the Corporation has agreed to accept such gift for the purposes aforesaid.

Demised Premises All that piece or parcel of freehold land situated at Heston in the Borough and Parish of Heston and Isleworth… hereto together with the Hall known as the Village Hall (with the exception of… the Scouts Hall)… to hold unto the Corporation and its successors in fee simple.

Covenants The Corporation will observe and perform the restrictive covenants set forth in the Second Schedule to a Deed of Conveyance dated the eighth day of September One thousand nine hundred and twenty-one…



Use [The Grantor to] use the said property for the purposes of a Public Hall, Recreation ground, or some other local public purpose or purposes and will not use or suffer the same to be used for any commercial purpose whatsoever.

3.17 We have not had sight of the Deed of Conveyance referred to above and in consultation with the Client, have assumed that there are no onerous covenants or restrictions in place.

3.18 The property is let on a lease to Fusion Lifestyle who manage a number of the council’s leisure centres and community venues, including Heston Village Hall. We have been provided with an undated copy of the lease from 2008, as summarised below:

Lease information

Lessor The Mayor Alderman and Burgesses of the Borough of Heston and Isleworth

Original Lessee Fusion Lifestyle

Demised Premises Heston Sports Community Hall

Current Rent One pound per annum

Alienation Not to assign or under-let without the written consent of the landlord

3.19 For the purposes of our valuation, we have disregarded the lease, on the basis that Fusion act as a manager on behalf of LB Hounslow.


4 Basis of Valuation

Market Value

4.1 Our valuation complies fully with the requirements of the RICS Valuation – Professional Standards 2012, Global and UK Edition (‘the Red Book’) published by the Royal Institution of Chartered Surveyors (“RICS”).

4.2 Our valuations are prepared on the basis of Market Value, which is defined in the Red Book as follows:

“The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.”

4.3 This definition has been used together with the interpretative commentary set out in the Red Book.

Costs

4.4 No allowance is made in our valuations for any expenses of realisation.

Taxation

4.5 Our valuations make no allowance for any liability for the payment of any tax, including Capital Gains Tax, whether existing or which may arise in the future. Our valuations are exclusive of Value Added Tax (VAT).

Plant and Machinery

4.6 Our valuations take account of those items of plant and machinery normally associated with the valuation of land and buildings, such as boilers, heating, sprinklers, ventilation systems and the like.

4.7 Our valuations exclude process plant machinery, fixtures and fittings that are normally taken to be the property of the tenants.


5 Valuation Commentary and Methodology

Market Commentary

5.1 We have referred to a number of transactions in forming our opinion of value and provide the relevant market commentary below.

Land Sales

5.2 We are aware of a number of land transactions without planning permission:

• Norbury Sports Ground, Streatham, SW16 – a 28 acre site tenanted by Powerleague Fives Ltd on a 60 year lease from 1999 with an income of £16,000 per annum. The land was sold in July 2011 for £610,000 equating to £21,661 per acre.

• Land at 648 London Road, Ashford, Middlesex, TW15 – a 4.7 acre agricultural site with a grazing

licence that produces £1,200 per annum. The land was sold in November 2011 for £103,000 equating to £21,914 per acre.

• Land at Duke’s Hill, Woldingham, Caterham, CR3 – An 8 acre agricultural site overlooking

Woldingham Golf Club. The land was sold in September 2011 for £170,000 equating to £21,350 per acre.

• Land adjacent to St Davids Court, Stoneleigh Road, Bromley, Kent BR1 – A 3 acre agricultural site

close to Chiselhurst train station. The site was sold in December 2010 for £71,000 equating to £23,666 per acre.

5.3 There is a limited amount of evidence in London for land that has not been sold with development potential. The evidence above indicates a value of between £20,000 - £25,000 per acre.

D1 transactions

5.4 We are aware of a number of properties with D1 consent that have transacted. Due to the small number of transactions in this market we have had to look outside of the immediate environment to gather the appropriate evidence.

• 12 Buckingham Road, Edgware , HA8– a 3,952 sq ft 1930s D1 building. Was under offer at full asking price of £15.20 psf on a 25 year lease to a nursery with a six months rent free period.

• 135 Alexandra Park Road, N22 – a 5,392 sq ft brand new purpose built D1 property sold in a shell and

core condition to a day nursery occupier in December 2012 for £1,050,000 equating to a capital value of £195 psf.


• 5-6 Courtyard, Avenue Road, NW19 – A 4,594 sq ft modern brick building recently used by an NHS Health Team. Available leasehold at £14.70 psf. The agent has received very good interest from a number of parties and expects to receive full asking price. The Little House, 34 A Oxford Gardens, W10 – A 3,428 sq ft D1 space located in the under croft of a 1950s blocks of flats. Alpha Nursery took a 25 year lease at £25 per sq ft with a 3 month rent free period and a mutual break at the end of the twelfth year in December 2012.

5.5 The most active user in the D1 sector is currently from nursery occupiers who have good liquidity and will bid competitively for properties that meet the criteria to provide an element of outside space. The shortage of supply of these properties has meant that asking rents have been achieved or exceeded through competitive bidding. This is demonstrated by the transaction at 12 Buckingham Road where four parties offered the full asking price.

5.6 The transaction at Oxford Gardens, a centrally located property close to Notting Hill had seven competitive bids and achieved some way in excess of the asking rent of £17.50 psf despite the property being in a poor condition. This trend has created a divide in the D1 market whereby units unsuitable for nursery occupation are transacting at levels below those offering outside facilities that nursery occupiers demand. The Village Hall has an element of outside space to the rear of the property and would be suitable for nursery use.

Heston Park (public open space)

5.7 We have applied a rate of £45,000 per acre to the Park and have then deducted purchasers costs.

5.8 We consider the disused tennis courts on the site to be of nominal value due to the poor condition.


5.9 In preparing our valuation, we have assumed that the rental income of £50 per annum will be received for one more year from the ground lease, before the break is exercised. We have then undertaken a high level development appraisal and have assumed that a new public/community use building would be constructed on the site to a similar size but of a new, modern specification. This produces a site value of £65,000 which we have discounted to provide the present value. We have added these figures together but have then taken into account the restricted nature of the site and the fact that it is located behind the village hall with limited circulation space and have reduced the value by 50%. We have also deducted compensation payable to the tenants which is two times the current rateable value of the premises, at £4,100.

5.10 Our key assumptions are:

• Rental value of £15.00 per sq ft

• Capitalisation rate of 7.00%

• Rent free period of 12 months

• Planning costs of £5,000

• Construction costs of £80.00 per sq ft

• 5.00% contingency costs

• Demolition costs of £15.00 per sq ft to take into account possible asbestos

• Professional fees of 12.50%


• Sales agent fees of 1.00% and sales legal fees of 0.50%

• Finance rate of 7.00%

• Profit on cost of 17.50%


5.11 In preparing our valuation, we have taken into account that the premises can only be let for the purposes of a Public Hall, Recreation ground, or some other local public purpose or purposes, therefore they would not be let on standard commercial D1 terms. We have considered comparables for private D1 use and have assumed the premises would be let following a 6 month letting void, on a 25 year term with a 12 month rent free period. We have assumed that the property would be let for £15.00 per sq ft and have capitalised the rental income at 7.00%. We have then deducted purchasers costs. We have then reduced the value by one third to take into account the public use. This produces a capital value per sq ft of c. £120.

5.12 We have not reflected any potential marriage value from the Scout Hut site to the rear as the size of the Village Hall is in line with demand from nursery occupiers.


6 Valuation


6.1 In our opinion, the market value of Heston Park as at the valuation date is:

£480,000

(Four hundred and eighty thousand pounds)

Assets held in Trust

6.2 In our opinion, the market value of Site C, held in Trust as at the valuation date is:

Site Value


£26,000 Twenty six thousand pounds


£330,000 Three hundred and thirty thousand pounds

Total £356,000 Three hundred and fifty six thousand pounds

6.3 These valuations should be read in conjunction with the contents of this report.

6.4 We are of the opinion that the proposed relocation of the Trust onto Heston Park is in the best interests of the Trust as it makes the best use of the relevant land and building and represents a commensurate value to the land currently held under the Trust.

6.5 We believe that with regard to disposing of the relevant land and buildings, in order to ensure the terms on which they are disposed are the best that can reasonably be obtained for the Trust, then the following advice applies:

• It would not be in the best interests of the Trust to make any alterations prior to disposal; • Site C should not be divided any further for the purposes of the disposition; • That the land and buildings should be marketed for a period of two months in the form of an informal

tender. We understand that the Client is currently seeking marketing advice; and • That there is no benefit or advantage to delaying the proposed disposition.

6.6 We are of the opinion that with regard to relocating the Trust, the land at the Park is suitable for the purposes of the ‘swap’, for the following reasons:

• The land is within close proximity to Site C and there is no other land which is more suitable for the purposes of the Trust nearby;


• The land is suitable for the use of a Public Hall, Recreation ground or some other local public purpose or purposes as it is currently in use as a park; and

• The land will require no changes to be made in order to relocate the Trust.


7 Sources and Verification of Information

Inspections

5.1 The properties were inspected on 31 May 2013.


5.2 We did not take any check measurements on site to verify the reasonableness of floor areas provided to us. We assume that all floor areas provided to us have been calculated in accordance with the Code of Measuring Practice published by the RICS and the basis of measurement is specified.

5.3 Site areas, where given, are normally computed from plans or the Ordnance Survey and by reference to observed boundaries. Site boundaries shown on plans in this report are for identification purposes only.

Title

5.4 We do not carry out our own investigations as to title. For information on title we rely upon information provided by the Client. Unless informed otherwise we have assumed that the property is held on a freehold basis and is free from any unusual or onerous covenants, easements, encumbrances or restrictions which may affect value.


5.5 Unless specifically stated we have read copies of the leases, licences, etc. provided to us. In cases where those documents are not inspected by us, and in the absence of a solicitor’s report on leases, we have assumed that leases are drawn on standard commercial terms and contain no unusual clauses that impact on rental value.

Covenant Status

5.6 We have made no detailed investigation of any individual tenant’s covenant strength. In arriving at our opinions of value of tenanted property we assumed that the results of any enquiries would indicate that the tenant’s (or tenants’) financial position to be acceptable to purchasers of that type of investment.

Services

5.7 We have not tested services or investigated the availability of services not supplied. Unless otherwise informed we assumed that the services are available or can be connected without abnormal cost. We also assumed any associated controls or software are in working order and free from defect.



5.8 We have not carried out a condition or structural survey, nor inspected those parts which are covered, unexposed, or inaccessible and such parts are assumed to be in good repair and condition. We cannot express an opinion about or advise upon the condition of uninspected parts, and our valuations should not be taken as making any implied representation or statement in such matters.

5.9 We have not arranged for any investigations to be carried out to determine whether or not any deleterious or hazardous materials (high alumina cement, woodwool slabs, blue asbestos, calcium chloride, composite panels) have been used in the construction of any property, or have since been incorporated.

5.10 Unless specifically notified to the contrary, for the purpose of our valuations, we assumed that such investigations would not disclose the presence of any such material to any significant extent.


5.11 We have not undertaken an assessment or investigation into the compliance of any building or structure with the Disability Discrimination Act. In arriving at our opinions of value, we make no allowance for any works required by this legislation.


5.12 We have not carried out nor commissioned EPCs or DECs. Where we are provided with an EPC and/or DEC we have considered the market’s likely reaction to its/their content in forming our opinion of value. Where we are not provided with a copy of an EPC or DEC, or where they do not exist, we have assumed that the results of any investigation would result in the market arriving at a ‘neutral’ value position.

Ground Conditions

5.13 We have not carried out our own investigations into ground conditions. Unless informed to the contrary we assumed that the property would be physically capable of redevelopment and that no special or unusual costs would be incurred.


5.14 We have not carried out our own investigations into the presence or otherwise of contaminative substances, or substances which may give rise to contamination in any form whatsoever. We are unable to guarantee or warrant that sites are not and never have been subject to contaminative uses and/or are not contaminated.

5.15 Unless informed otherwise our valuations are prepared on the assumption that no contaminative substances are present on the sites or neighbouring sites so as to affect the same. If we are provided with the results of investigations by third parties we shall review and, subject to the limit of our qualifications, comment on the findings in our report.

5.16 Should subsequent investigations establish that contamination, seepage or pollution exist to a material extent on the site, or on a neighbouring site, this might cause us to alter our opinion of value.

Planning

5.16 Enquiries were made of the local planning authority in order to ascertain policies and commitments in so far as they might affect the property. We assumed that the information received was complete and accurate. However, these enquiries revealed only proposals formally approved by the authority and not those under


consideration and therefore the properties may be affected by proposals currently under consideration of which we are unaware. No responsibility is accepted for any inaccurate information provided.

Appendix A – Letter of Instruction



Dear Sirs

London Borough of Hounslow Heston Leisure Centre Redevelopment Valuation for t he Charity Commission – Terms of Engagement

Thank you for instructing Deloitte LLP (“Deloitte”). This letter contains the terms upon which we will provide the Services set out below and the fees that will be paid. Any capitalised terms used in this letter shall have the meaning given to them in the attached terms and conditions, unless otherwise defined in this letter.

Services

You require valuations of the following assets:


• Heston Park (public open space) identified in orange on the attached plan.

Assets held in trust under a Deed of Gift and a Dec laration of Trust (the “Trusts”):

• Land south west of Heston Park (fairground site, also known as Site A); and • Heston Scout Hut and Heston Village Hall (also known as Site C), both identified in blue on the

attached plan.

The Client is proposing to dispose of the Trusts and relocate them on to Heston Park as part of the Heston Leisure Centre Redevelopment. The valuation is required in order to comply with the statutory provisions set down by the Charity Commission, to establish whether the proposal represents either betterment or a commensurate value to the land currently held under the Trusts.

The basis of valuation we shall adopt will be Market Value which is defined in the Appendix to this letter.



Direct: +44 (0) 20 7007 5308 [email protected] London Borough of Hounslow

Civic Centre Lampton Road Hounslow TW3 4DN


25 July 2013 Our ref: OELS/WAR/KEP/C-0229519-01 Your ref: WE5058959

2

The valuation date will be the 25 July 2013.

The valuation report will be addressed to the Client and cannot be disclosed or relied upon by any third parties apart from the Charity Commission, Dalton Warner Davis LLP and the GLA, on receipt of a signed client authorisation letter from LB Hounslow, and a no duty release letter to be signed by the latter two parties listed above. Copies of these letters will be provided separately.

Compliance

Our report will comply fully with the requirements of the RICS Valuation – Professional Standards 2012 (Global and UK edition) which is commonly known as “The Red Book”.

It will also comply with UKGN7 “Valuations for charities” of the Red Book.

We confirm that those individuals within Deloitte who are responsible for the valuation have the relevant experience and expertise and that we have the competence to carry out this assignment. We will be acting as external valuers. We confirm that we have not had any previous material involvement in connection with the property.

We also note that the London Borough of Hounslow is an internal audit client and that Mills & Reeve LLP is an audit client of Deloitte. We have disclosed this engagement to the audit partners who have confirmed that the scope of this engagement will not impair Deloitte’s objectivity in performing any audit work. In addition, the Charity Commission for England and Wales is a non-audit client of Deloitte and in accordance with our compliance procedures, we have disclosed this relationship to you prior to the engagement being accepted.

Basis of Valuation and Sources of Information

Details of the basis of valuation, the assumptions that we will make, and the limitations on our enquiries are set out in the Appendix to this letter. These will apply in this appointment except that:

� We will not undertake any measurements or a condition survey.

Timescale

We will aim to provide you with a draft of our report in electronic format as soon as possible.

Responsibility for Services

I will be the director principally responsible for the Services. I shall be assisted by Kathryn Pitts BA BSc MRICS, who can be contacted on 020 7303 3019 or [email protected].

Fees and Expenses

Our fee for providing the valuation in accordance with your requirements will be as set out in our email dated 23 May 2013. The fee will include the preparation of up to two copies of a report on the property.

Our fees are inclusive of disbursements but exclusive of VAT. Our fees will be addressed to you and shall be invoiced with our final report or two weeks after we issue our draft report if sooner. Fees are payable upon presentation of our invoice.

4

Appendix

5

General

In preparing our valuations, we follow the “RICS Valuation – Professional Standards 2012” (Global and UK edition).

Confidentiality and Restrictions on Use

Our valuation reports are confidential to the party to whom they are addressed and their professional advisors. Our reports are for the use of those parties only.

Consequently, no responsibility can be accepted to any third party in respect of the whole or any part of a report’s contents. Before the report or any part of it is reproduced or referred to in any document, circular or statement, our written approval as to the form and context of such a publication must be obtained.

Basis of Valuation

Definition of Market Value

Our valuations are prepared on the basis of Market Value which is defined in the Red Book as follows:

The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.

Costs

No allowance is made in our valuations for any expenses of realisation.

Tax

No allowance is made in our valuations for any liability for payment of corporation tax, or any liability for capital gains tax whether existing, or which may arise in the future. Our valuations are exclusive of Value Added Tax (VAT).

Plant & Machinery

Our valuations take account of those items of plant and machinery normally associated with the valuation of land and buildings, such as boilers, heating, sprinklers, ventilation systems and the like. For trading properties we also take account of fixtures, fittings, furniture, furnishings and equipment associated with the business and trading potential.

Basis of Valuation & Limitations

6

Our valuations exclude process plant, machinery and fixtures and fittings that would normally be taken to be the property of the tenant.

Limitations

Inspections

Unless otherwise agreed and instructed all properties are inspected.


Unless instructed otherwise we take check measurements on site to verify the reasonableness of floor areas provided to us.

We assume that all floor areas provided to us have been calculated in accordance with the Code of Measuring Practice published by the RICS and the basis of measurement is specified.

Site areas, where given, are normally computed from plans or the Ordnance Survey and by reference to observed boundaries. Site boundaries shown on plans attached to our report are for identification purposes only.

Title

We do not carry out our own investigations as to title. For information on title we rely upon information provided. Unless informed otherwise we assume that all properties are held on a freehold basis and are free from any unusual or onerous covenants, easements, encumbrances or restrictions which may affect value.


Unless specifically stated we read copies of the leases, licences, etc. provided to us. In cases where those documents are not inspected by us, and in the absence of a solicitor’s report on leases, we assume that leases are drawn on standard commercial terms and contain no unusual clauses that impact on rental value.

Covenant Status

We make no detailed investigation of any individual tenant’s covenant strength. In arriving at our opinions of value of tenanted property we assume that the results of any enquiries would indicate that the tenant’s (or tenants’) financial position to be acceptable to purchasers of that type of investment.

Services

We do not test services or investigate the availability of services not supplied. Unless otherwise informed we assume that the services are available or can be connected without abnormal cost. We also assume any associated controls or software, are in working order and free from defect.


We do not carry out a condition or structural survey, nor inspect those parts which are covered, unexposed, or inaccessible and such parts are assumed to be in good repair and condition. We cannot express an opinion about or advise upon the condition of uninspected parts, and our valuations should not be taken as making any implied representation or statement in such matters.

7

We do not arrange for any investigations to be carried out to determine whether or not any deleterious or hazardous materials (high alumina cement, woodwool slabs, blue asbestos, calcium chloride, composite panels) have been used in the construction of any property, or have since been incorporated.

Unless specifically notified to the contrary, for the purpose of our valuations, we assume that such investigations would not disclose the presence of any such material to any significant extent.


We do not undertake an assessment or investigation into the compliance of any building or structure with the Disability Discrimination Act. In arriving at our opinions of value, we make no allowance for any works required by this legislation.


We neither carry out nor commission EPCs or DECs. Where we are provided with an EPC and/or DEC we consider the market’s likely reaction to its/their content in forming our opinion of value. Where we are not provided with a copy of an EPC or DEC, or where they do not exist, we assume that the results of any investigation would result in the market arriving at a ‘neutral’ value position.

Ground Conditions

We do not carry out our own investigations into ground conditions. Unless informed to the contrary we assume that the property would be physically capable of redevelopment and that no special or unusual costs would be incurred.


We do not carry out our own investigations into the presence or otherwise of contaminative substances, or substances which may give rise to contamination in any form whatsoever. We are unable to guarantee or warrant that sites are not and never have been subject to contaminative uses and/or are not contaminated.

Unless informed otherwise our valuations are prepared on the assumption that no contaminative substances are present on the sites or neighbouring sites so as to affect the same. If we are provided with the results of investigations by third parties we shall review and, subject to the limit of our qualifications, comment on the findings in our report.

Should subsequent investigations establish that contamination, seepage or pollution exist to a material extent on the site, or on a neighbouring site, this might cause us to alter our opinion of value.

Planning

Enquiries are made of the local planning authority in order to ascertain policies and commitments in so far as they might affect the property. We assume that the information received is complete and accurate. However, these enquiries reveal only proposals formally approved by the authority and not those under consideration and therefore the properties may be affected by proposals currently under consideration of which we are unaware. No responsibility is accepted for any inaccurate information provided.

The following are the terms and conditions (the “Terms and Conditions”) on which we, Deloitte (as defi ned in clause 13.8 below), will provide certain services (the “Services”) to you as set out within the attached Letter of Engagement. The Letter of Engagement and the Terms and Conditions are together referred to as the “Contract” or “the Engagement”.1. The contract between us1.1 This Contract represents the entire understanding and constitutes the entire agreement between

the parties in relation to its subject matter and supersedes any previous agreement between the parties as to such subject matter. Each of the parties acknowledges and agrees that in entering into this Contract it has not relied on any representation or warranty or undertaking other than those expressly set out in this Contract and, except in relation to any liability for fraudulent misrepresentation, neither party shall be under any liability or shall have any remedy in respect of misrepresentation or untrue statement unless and to the extent that a claim lies under this Contract.

1.2 If we have already started work (e.g. by gathering information, project planning or giving initial advice) then you agree that this Contract applies retrospectively from the start of our work.

2. Confi dentiality2.1 No party will disclose to any third party without the prior written consent of the relevant party

any confi dential information which is received from the relevant party for the purposes of providing or receiving Services which if disclosed in tangible form is marked confi dential or if disclosed otherwise is confi rmed in writing as being confi dential or, if disclosed in tangible form or otherwise, is manifestly confi dential. Each of us agrees that any confi dential information received from the other party shall only be used for the purposes of providing or receiving Services under this Contract. These restrictions will not apply to any information which:

(a) is or becomes generally available to the public other than as a result of a breach of an obligation under this Clause 2.1;

(b) is acquired from a third party who owes no obligation of confi dence in respect of the information; or

(c) is or has been independently developed by the recipient or was known to it or prior to receipt.2.2 Notwithstanding Clause 2.1 above each party will be entitled to disclose confi dential information

of the other:(a) to their respective legal advisers, (b) to their respective directors, offi cers, members, partners or employees;(c) to any Deloitte Party and any subcontractors we use to provide the Services (or more generally in

support of our offi ce administration); and(d) to a third party to the extent that this is required by any court of competent jurisdiction or by a

governmental or regulatory authority or where there is a legal or professional duty or requirement to disclose it.

2.3 Unless otherwise set out in the Letter of Engagement, we shall be entitled to disclose, advertise and publicise our Engagement although we shall use our reasonable endeavours to inform you of any publicity or advertisement in advance of its release.

3. Reports and advice; communications3.1 Reliance on Drafts or oral advice: You shall not place reliance on oral advice or draft reports,

conclusions or advice, issued by us as the same may be subject to further work, revision and other factors which may mean that such drafts are substantially different from any fi nal report or advice issued.

3.2 Use and Purpose of Advice, Reports and Models: Any advice given or report or model issued by us is provided solely for your use and benefi t and then only in connection with the purpose in respect of which the Services are provided. Unless you are permitted to do so pursuant to clause 2.2 above, you shall not provide such report or model or advice to any third party or refer to us or the Services without our prior written consent, which we may at our discretion grant, withhold or grant subject to conditions. In no event, regardless of whether consent has been provided, shall we assume any liability or responsibility to any third party to whom any advice or report or model is disclosed or otherwise made available, and you will indemnify us against all claims resultant from your breach of this clause

3.3 Electronic Communications: During the Engagement we may wish to communicate electronically with each other. However, the electronic transmission of information cannot be guaranteed to be secure or error free and such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We each agree to use commercially reasonable procedures to check for the most commonly known viruses before sending information electronically, but we recognise that such procedures cannot be a guarantee that transmissions will be virus free. Accordingly, we shall each be responsible for protecting our own interests in relation to electronic communications and for ensuring that an electronic communication is not misaddressed.

3.4 In providing the Services to you or otherwise in connection with the Services, we may need to collect hold and use information (e.g. contact details) about identifi able individuals (“Data Subjects”). We may also use such information as part of our client opening and general administration process (e.g. in order to carry out anti-money laundering, confl ict and fi nancial checks or debt recovery). Information about a Data Subject may be transferred to or be accessible from Deloitte Parties’ offi ces around the world for these purposes or for the purposes identifi ed in the following paragraph. Should your offi cers or employees enquire, please inform them that we may hold information relating to them for these purposes. Further, we may occasionally contact you with details of events/seminars we are holding, or we may send you publications or newsletters, which we believe may be of interest to you. If you do not wish to receive this information, please let us know by informing the partner responsible for the Services.

3.5 In providing some of the Services to you we may be processing information about Data Subjects on your behalf for the purposes of the Data Protection Act 1998. In these circumstances, we will (i) only process personal data in accordance with your lawful and reasonable instructions; and (ii) comply with security obligations equivalent to those imposed on you, as Data Controller, by the seventh principle of that Act.

3.6 In the course of providing the Services, we may make references to spreadsheets or computer models (together “models”) that you may provide to us or ask us to rely upon (“Your Models”) or that we may have developed or used in connection with the Services (“Our Models”). All models have limits and may not produce valid results for all possible combinations of input data; errors and potential errors may therefore go unnoticed. Unless otherwise expressly agreed in the Letter of Engagement, (i) we will not be responsible for reviewing, testing or detecting any errors in any of Your Models and (ii) we will not provide you with a copy of any of Our Models for your use. In

some cases it may be expedient for us to provide you for your convenience with a copy of one or more of Our Models by way of explanation or illustration of our Services or related advice. Where we agree to do so, any such model will have been developed solely for our internal use and incidental to our providing the Services, rather than being a deliverable itself. Consequently, without in any way qualifying the Services, in providing you with any of Our Models, we make no representation, warranty or undertaking (express or implied) in relation to and take no responsibility for the accuracy, suitability, adequacy, completeness or reasonableness of any of Our Models for your own use. Prior to manipulating or placing any reliance on any models – Our Models or Your Models – you are advised to carry out appropriate checks on them.

4. The services and our respective responsibilities in relation to them4.1 The scope of the Services and any reports to be provided under this Contract together with our

responsibilities for them are as described in the Letter of Engagement. We will use all reasonable efforts to supply the Services in accordance with any timetable referred to in the Letter of Engagement or otherwise specifi ed by the parties. However, unless specifi cally agreed otherwise between you and us, all dates given or specifi ed by you for the supply of the Services are intended for planning and estimating purposes only and are not contractually binding.

4.2 Whilst we will attempt to comply with your request for specifi c individuals, the appointment of all personnel to perform the Services and the nature and duration of their assignment shall be made as we consider appropriate. We may at any time replace or reassign any personnel assigned by us to the Services. In such circumstances we will endeavour to give you reasonable notice.

4.3 You will give us all the information and access that is necessary for the performance of the Services. Further, where needed to assist us in performing the Services, you will (i) take decisions and obtain management approvals promptly; (ii) give us full and prompt access to your personnel and premises and those of your affi liates and to your other advisers associated with the Engagement (if any), together with all necessary administrative support; (iii) obtain any approvals, licences and security clearances promptly (including any relating to third parties, our personnel and any subcontractors).

4.4 You agree that (except as otherwise specifi cally notifi ed to us by you in writing) that all information provided by and on your behalf in respect of the Services is complete and accurate and is not misleading (either on its face or by inference or omission) and that there are no other material facts known to you that may be relevant to us in carrying out the Services and further that we may rely on such information. Any reports issued or conclusions reached by us may be based upon information provided by and on your behalf. Accordingly, we assume no responsibility and make no representations with respect to the accuracy or completeness of any information provided by you and on your behalf.

4.5 You agree that you will apply your independent business judgment to evaluate any report we produce, including any advice or recommendations we give you. You will be responsible for deciding whether our recommendations make sense in the context of your business and whether you wish to rely on, implement or act on them, including the actions necessary to realise any expected benefi ts.

4.6 Where you are using third parties to provide information, materials or other assistance in support of the Services, or you are employing other suppliers whose work may affect our ability to deliver the Services, you will be responsible for the management of such persons and their performance, including the timeliness and quality of their input and work.

4.7 Unless the Letter of Engagement specifi es otherwise, you agree that any report prepared pursuant to the Services will be deemed accepted by you (and the Services, or the relevant part of them, completed) when it is delivered to you in its fi nal form.

5. Intellectual property5.1 All intellectual property rights including copyright, database rights, design rights (whether registered

or unregistered), trade mark rights (or patent rights) in any materials created or produced by us in relation to the Services (including any reports, forecasts, drawings, spreadsheets, plans or other material) shall remain our property absolutely unless otherwise expressly stated in the Letter of Engagement provided always that we hereby grant to you a revocable licence to use and copy such materials for your own internal use subject to clause 3.2 above.

6. Fees6.1 Fee Basis: Our fees will be charged on the basis set out in the Letter of Engagement or as

otherwise notifi ed to you.6.2 Payment of Fees: The timing for payment of fees and expenses shall be of the essence. If we

do not receive payment of any invoice within 30 days of the invoice date we shall be entitled, without prejudice to any other rights that we may have, to charge you interest accruing on the sum due to us at the rate of 3% above the base rate of the Royal Bank of Scotland Plc from time to time calculated on a daily basis from the date of the relevant invoice until the date of payment in full. If any invoice remains unpaid (whether in whole or in part) for a period of 60 days or more, we shall be entitled to suspend provision of the Services in accordance with Clause 9.1 below until all sums due are paid in full.

6.3 Payment of Tax: All sums charged in connection with the Services, including expenses and disbursements, will be stated exclusive of any taxes. You will be responsible for paying any taxes arising from the Contract for which you are legally liable as well as Value Added Tax at the rate in force at the date the liability arises.

7. Other consultants7.1 Your Responsibility for Other Parties: You shall be solely responsible for the work and fees

(which shall be paid directly by you) of any other party (including co-consultants and contractors) engaged by you, or by us on your behalf, to participate in the Engagement regardless of whether such party was introduced to you by us. Except as provided in the Letter of Engagement, we shall not be responsible for providing or reviewing specialist advice or services including surveying, legal, due diligence or any other investigative services.

7.2 Subcontracting the Services to Deloitte Parties: This Contract is between you and Deloitte. You agree that your relationship is solely with Deloitte as the entity contracting with you to provide the Services. Notwithstanding the fact that certain Services under the Contract may be carried out by personnel provided to Deloitte from other Deloitte Parties through service or other agreements, you agree that none of the Deloitte Parties (except Deloitte) will have any liability to you and that you will not bring any claim or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise and including, but not limited to, a claim for negligence) in any way in respect of or in connection with this Contract against any of the Deloitte Parties (except Deloitte) we use to provide the Services. The foregoing exclusion does not apply to any liability, claim or proceeding founded on an allegation of fraud or other liability that cannot be excluded under English law.

7.3 Notwithstanding clause 7.1 and in addition to clause 7.2, we may delegate the provision of our Services, or part of them, to a third party that is not a Deloitte Party where this is reasonable, but we shall also remain liable for the acts and omissions of that third party unless you agree in advance to rely on the services and products provided by that third party, such agreement not to be unreasonably withheld or delayed. If delegation is at your specifi c request, we will not be liable for the actions of the third party.

7.4 We will have no liability for services or products that we reasonably need to obtain from others in order to provide our Services.

8. Changes To Services And To The Contract8.1 Any party may request changes to the Services. We shall work with you to consider and, if

appropriate, to vary any aspect of the Engagement, subject to payment of reasonable additional fees and a reasonable additional period to provide any additional Services. Any variation to the Contract, including any variation to fees, services or time for the performance of the Services, shall only be effective if set forth in a supplemental letter of engagement signed by an authorised signatory of Deloitte which shall form part of the Contract and to which these Terms and Conditions shall apply.

9. Suspension of contract9.1 Suspension of the Contract: At any time during the term of the Contract, any party may give

immediate notice to the other suspending the performance of its duties and obligations under the Contract in the event that:

(a) circumstances exist or arise which, in the reasonable opinion of that party, materially and adversely affect the performance of, or the ability to perform, that party’s duties and obligations under the Contract;

(b) any party becomes aware that another party has failed (whether before or after the date of the Letter of Engagement) to disclose to it information which in the reasonable opinion of that party is material to the performance of its duties and obligations under the Contract.

9.2 We shall be entitled to suspend the Services and performance of our duties and obligations under the Contract in the event that any invoice remains unpaid (whether in whole or in part) for a period of 60 days or more and except as provided by Clause 9.1(b), we shall not be liable for any delays, losses, costs, damages or expenses resulting from such suspension.

9.3 Variation Following Suspension: If we suspend the performance of the Contract pursuant to Clauses 9.1 or 9.2, we shall be entitled reasonably to vary our fees for the resumed performance of the Contract.

10. Termination10.1 The Contract may be terminated: (a) by any party on written notice with immediate effect if another party commits a material breach

of any term of this Contract which is irremediable or, if remediable, is not remedied within 30 days of a written request to remedy the same;

(b) by any party upon written notice if the period of suspension of the Contract referred to in Clause 9.1 continues for 30 days or more;

(c) by any party upon notice if the other party becomes the subject of insolvency proceedings or calls any meeting of its creditors;

(d) should any action by you create a situation which amounts to a professional confl ict of interest under the rules of the professional and/or regulatory bodies regulating the activities of the Deloitte Parties , we may terminate this Contract without penalty on written notice. We will inform you as soon as reasonably practicable of any situation that occurs that we become aware of that may create a professional confl ict of interest which could result in termination in accordance with this clause

10.2 Upon termination of the Contract:(a) each party shall upon written request from the other return to the other all property and

documentation of the other that is in its possession or control except that we shall be entitled to retain a reasonable number of copies of such documents that we require to maintain a record of our involvement in the Engagement;

(b) we shall be entitled to retain all fees, expenses and disbursements previously paid by you to us and you shall pay forthwith all fees, disbursements and expenses due in respect of the Services provided up to the date of termination together with our reasonable costs and expenses incurred in connection with the termination of the Contract;

(c) the terms of the Contract which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind all parties.

11. Liability11.1 Limitation of our liability:(a) We will seek to provide a service such as would be expected of a national fi rm of professional

consultant surveyors and we will use reasonable skill, care and diligence in the provision of the Services.

(b) Nothing in this Contract shall exclude, restrict or prevent a claim being brought in respect of any liability arising from fraud or other liabilities which cannot lawfully be limited or excluded.

(c) We shall not accept liability for any loss, damage, cost or expense arising from (i) any breach by you of your agreement with us or any act or omission of any other person or (ii) any use by you of our reports or Services for a purpose other than as set out in the Letter of Engagement.

(d) Our liability to you and to all other persons who we both have agreed may have the benefi t of and rely on our work on the terms hereof (you and they each “a Benefi ciary”) to pay damages as a direct result of breach of contract or negligence or any other tort by us in connection with or arising out of the Engagement or any addition or variation thereto shall be limited to that proportion only of your actual loss which was directly caused by us and in any event our liability shall in no circumstances exceed in aggregate the amount specifi ed in the Letter of Engagement or, if no amount is specifi ed in there, £500,000. In any event, we will not be liable for any indirect, special and consequential loss, and/or any loss which is caused by circumstances beyond our reasonable control.

(e) Any liability which we may have to you under or in connection with this Contract for losses suffered by you shall (so far as permitted by law) be limited to such an amount as is fi nally determined to be just and equitable, having regard to the extent of responsibility for those losses of us, you (including your directors, offi cers, employees or agents), and any person other than us who is jointly or severally liable to you for all or part of the same losses, provided always that our liability to you shall not under any circumstances exceed in aggregate the amount set out in this contract. Any limitation or exclusion or restriction on the liability of any such other person under any jurisdiction, whether arising under statute or contract or resulting from death, bankruptcy or insolvency, or any settlement of such liability agreed with you, shall be ignored for the purposes of determining whether that other person is liable to you and the extent of responsibility of that other person to you.

(f) Where there is more than one Benefi ciary of the Services, the limit of liability specifi ed in clause 11.1(d) above will have to be allocated between all Benefi ciaries. No Benefi ciary shall dispute or challenge the validity, operation or enforceability of this clause on the grounds that no such apportionment has been so agreed or on the grounds that the agreed share of the limitation amount so apportioned to any Benefi ciary is unreasonably low.

(g) We have no responsibility for anything that is beyond the scope of the Services defi ned in the

Letter of Engagement. In particular, we have no obligation to provide, nor any liability for either an opinion on price (unless specifi cally instructed to carry out a Valuation as covered by the RICS Red Book) or advice, or failure to advise, on the condition of a property (unless specifi cally instructed to carry out a formal building survey).

11.2 Liability Limitation and the Provision of Information: Notwithstanding clause 11.1(b) and 11.1(d), but subject always to clause 11.1(a), in no circumstances shall we be liable to pay any damages to you for losses arising out of or in any way connected with the provision of information to us by you or your failure to provide information to us either punctually or at all or any fraudulent act, misrepresentation or wilful default on your part.

12. Personnel12.1 No party shall directly solicit the services of any employee, agent or representative of the other

who is involved in the Engagement without the prior written consent of the relevant party during the term of the Contract or for the period of six months after the termination of the Contract. If during the term of the Contract or for the period of six months after the termination of the Contract any employee of any party accepts an offer of employment made by another party as a result of an introduction in the course of the Engagement, the party shall pay to the other a sum equivalent to six months gross salary of the employee concerned including any monetary bonuses payable to that employee during the term of the Contract or for the period of six months after termination of the Contract.

13. Miscellaneous provisions13.1 Actions Required by Law: Nothing in the Contract shall prevent us from taking all such

action as may be required by law or statute or to comply with the regulations of any relevant professional or regulatory bodies. This includes compliance with Anti-Money Laundering Regulations.

13.2 Confl ict: In the event of any confl ict between the Terms and Conditions and the Letter of Engagement, the Terms and Conditions shall prevail except where amended by specifi c reference to the relevant paragraph of the Terms and Conditions. In the event and only to the extent of any confl ict between the Letter of Engagement and any referenced or attached document other than the Terms and Conditions the Letter of Engagement will take precedent.

13.3 Force Majeure: Neither party shall be liable for any failure or delay in performing any of its obligations hereunder if such failure or delay is caused by the occurrence of an event outside of that party’s reasonable control.

13.4 Waiver of Remedies: No forbearance, delay or indulgence by either party in exercising or enforcing the provisions of this Contract shall prejudice or restrict the rights (whether provided by this Contract or by law) of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party or available by law is exclusive of any other right, power or remedy available to that party (whether under this Contract or at law) and each such right, power or remedy shall be cumulative.

13.5 Severability: If any provision in this Contract is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of this Contract and the enforceability and validity of the remainder of this Contract shall not be affected. Provided always that if any such deletion substantially affects or alters the commercial basis of these Terms and Conditions the parties shall negotiate in good faith to amend and modify them as may be necessary or desirable in the circumstances.

13.6 Rights of Third Parties: No person who is not a party to this Contract other than the Deloitte Parties and our subcontractors, if any, shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

13.7 Assignment: Neither of us may assign or otherwise transfer the benefi t of this Contract without the prior express written consent of the other, save that we may assign the benefi t of this Contract to any of the Deloitte Parties , including any successor to our business. Further, neither of us will directly nor indirectly transfer any claim against the other arising out of this Contract to any other person.

13.8 Interpretation: “Unless otherwise stated herein, “Deloitte”, “we” and “us” refers to Deloitte LLP, a limited liability partnership registered in England and Wales with number OC303675 and whose registered offi ce is at 2 New Street Square, London EC4A 3BZ, and references to “Addressee(s)”, “you” and “your” refers to the Addressee(s) on whose behalf this Contract was acknowledged and accepted. “Addressee” means you, the original addressee(s) of the Letter of Engagement together with any other persons whom we have agreed in writing may have the benefi t of the Services or to whom we have assumed a duty of care in respect of the Services under written arrangement with them, provided that such other persons have agreed to the terms of this Contract. “Deloitte Parties” means all entities (including Deloitte) that are members of the Deloitte Touche Tohmatsu Limited worldwide network (“DTTL”) and each of their subsidiaries, predecessors, successors and assignees, and all partners, associate partners, members, owners, directors, employees and agents of all such entities. We use the word partner to describe a member of Deloitte LLP in their capacity as such.

13.9 Governing Law: This Contract (including all contractual and non-contractual rights and obligations arising out of or relating thereto) shall be governed by and interpreted in accordance with English law. Each party hereby irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any claim, dispute or difference of whatever nature concerning the Contract and any matter arising from it.

13.10 Dispute Resolution: The parties will attempt to resolve any dispute that may arise under or in connection with this contract by negotiation. If after a reasonable time any dispute has not been resolved by negotiation, then subject to both parties’ consent in writing, the parties may refer the dispute to mediation.

© 2013 Deloitte LLP. All rights reserved.

Appendix B – Site Plans

This document is confidential and prepared solely for your information. Therefore you should not, without our prior

written consent, refer to or use our name or this document for any other purpose, disclose them or refer to them in

any prospectus or other document, or make them available or communicate them to any other party. No other

party is entitled to rely on our document for any purpose whatsoever and thus we accept no liability to any other

party who is shown or gains access to this document.

Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675

and its registered office at 2 New Street Square, London EC4A 3BZ, United Kingdom.

Deloitte LLP is the United Kingdom member firm of Deloitte Touche Tohmatsu Limited (“DTTL”), a UK private

company limited by guarantee, whose member firms are legally separate and independent entities. Please see

www.deloitte.co.uk/about for a detailed description of the legal structure of DTTL and its member firms.



Appendix 4 - Declaration of Trust dated 31 July 1956



Appendix 5 - Deed of Gift dated 22 August 1935



Appendix 6 - (Document: 94166703-1) Guidance Note for Trusteeship Panel


1 Overview

1.1 There are two separate charitable trusts which are being reviewed. The first is over land known as the Fairground Site and the second over land known as the Village Hall Land. Both sites are shown coloured blue on the two plans accompanying this report.

1.2 In each case the Council is the trustee of the trust, and accordingly must comply with certain legal duties. The beneficiaries of the trusts are the public.

2 Background Information to the Fairground Site charitable trust

2.1 Ownership

2.1.1 The Council owns the freehold to the Fairground Site. The majority of the Council’s title is unregistered with a small part registered at the Land Registry. The charitable trust only relates to the unregistered part of the Fairground Site.

2.1.2 The freehold is not believed to benefit from or be subject to by any covenants or rights.

2.2 The charitable trust

2.2.1 The charitable trust over the Fairground Site was created by a declaration of trust made by the Council dated 31 July 1956. The effect of this declaration was to create a trust which takes effect as follows (the charity’s charitable objects):

a charitable trust to hold the Fairground Site as a public park and pleasure ground for the use of the public in perpetuity

2.3 Occupation

2.3.1 The Fairground Site is not occupied by any tenant.

2.3.2 The Fairground Site was thought to be subject to an agreement dated 16 July 1930 between the Urban District Council of Heston and Isleworth and the Showmens’ Guild of Great Britain and Ireland. This 1930 Agreement moved “Heston Fair”, apparently a fair carried on by ancient custom, from its pre-1930 location on “the public street” to “the Recreation Ground at Heston”. The 1930 Agreement also referred to, and intended to formalise, a right to hold the fair for two days from 1 May in each year.

2.3.3 It is not possible to identify exactly which land was in fact intended to be subject to the 1930 Agreement. It cannot have been the Fairground Site as this was only purchased by the Council in 1932. The Council’s records suggest that intention was to move the fair onto the main part of Heston Park. It appears that at some point

94166703-1


between 1932 and 1956 the fair came to be held twice yearly on the Fairground Site.

2.3.4 The Showmens’ Guild has confirmed in correspondence with the Council’s legal advisers that it considers that the 1930 Agreement to have lapsed and so is no longer enforceable. It is not clear what, if any, document or implied arrangement, governs the relationship between Council, the Showmens’ Guild, and the current fair operator. However, the current fair operator has agreed to relocate from the Fairground site and an appropriate site is being agreed with them.

3 Background Information to the Village Hall Land charitable trust

3.1 Ownership

3.1.1 The Council owns the freehold to the Village Hall Land. The Council’s title is unregistered.

3.1.2 The freehold is not believed to benefit from or be subject to any rights. It is subject to restrictive covenants upon which the Council obtained counsel’s opinion which suggested that the covenants “were personal and could be enforced only by the 1921 vendors or in any event extinguished by unity of seisin [the owning of both the land subject to and benefiting from the covenant by the same person]”.

3.2 The charitable trust

3.2.1 The charitable trust over the Village Hall Land site was created by a declaration made in the deed of gift of the land to the Council in 1935. The effect of this was to create a trust which takes effect as follows (the charity’s charitable objects):

a charitable trust to hold the Village Hall Land as a public hall, or recreation ground, or for some other public purpose

3.2.2 The Charity Commission has in correspondence with the Council’s legal advisers confirmed that the purposes of charitable trust over the Village Hall Land are capable of being severed or separated – in other words, the land does not have to be used as a village hall in order to fulfill the purpose of the charitable trust, it can be just used for a recreation ground or some other public purpose.

3.3 Occupation

3.3.1 The 4th Heston Scout Group have a lease of part of the Village Hall Land on which they have their scout hut. The lease is a “periodic tenancy” which means that it continues until it is terminated on notice by either the Council or the Scouts. The Scouts’ lease is also protected by the Landlord & Tenant Act 1954. This means that even if the Scouts’ lease is terminated the Scouts are entitled to a new lease of the same land unless the Council can successfully oppose the grant of the new lease. There are various

94166703-1


grounds which the Council could rely on, including offering alternative accommodation or a desire to redevelop the scout hut.

3.3.2 The Village Hall is used by a crèche during the day and a mix of martial arts and community groups in the evening. The hall is no longer available for private hire. From 2008 the hall was leased under a full repairing and insuring lease and managed by Fusion Lifestyle Ltd (Fusion). The Agreement for Sports, Leisure and Community Services contract awarded to Fusion Lifestyle expires in 2023.

4 The Proposed transaction

4.1 The Council’s legal advisers consider, and the Charity Commission have agreed, that it will be possible to “lift” the two charitable trusts and exchange the currently burdened land with other land. The new land which will then instead be held subject to the two charitable trusts.

4.2 This can be done because the charitable purpose for which the Fairground Site and Village Hall Land are held – say, “public recreation” – could be carried out on other land. That means that the continued holding of these particular parcels of land is not essential to fulfilment of the purposes of the charitable trusts, and the identity of the charitable land is simply an administrative provision not a fundamental aspect of the charitable trust’s purpose.

4.3 The legal procedure for effecting these exchanges is relatively simple and can be summarised as follows:

4.3.1 because the two trusts do not contain any express powers of amendment an order is required from the Charity Commission to enable the Council (as charity trustee) to amend the trust powers – which means amending the “administrative provision” which refers to the Fairground Site or Village Hall Land to refer to new land;

4.3.2 two deeds of substitution will be entered into by the Council in its capacity as trustee which will specify that the Fairground Site and Village Hall Land are to be freed from the respective charitable trusts and two new parcels of land – both undeveloped parts of Heston Park – will become subject to them.

4.4 Two separate valuations have been obtained for both the Fairground Site and the Village Hall Land from Deloitte in respect of the proposed transactions.

4.5 The drafts of the two deeds of substitution will be entered into by the Council in its capacity as trustee accompany this note.

4.6 Wide public consultation on the redevelopment of the leisure facilities at Heston Park and the disposal of the Fairground Site and part of the Village Hall Land has been undertaken. Details of which accompany this note.

94166703-1


5 Role of the charity trustee

5.1 Legal requirements

5.1.1 Charity trustees are required to manage the affairs of the charitable trust in accordance with the trust’s governing documents and the law.

5.1.2 The law imposes a duty of care on all trustees. That duty is to exercise such care and skill as is reasonable in the circumstances.

5.1.3 Charity trustees must:

(i) Make sure the charity’s assets are used only to further the charity’s charitable objects (as noted above).

(ii) Ensure the charity is run in accordance with its constitution and any other laws and regulations which might affect its activities.

(iii) Avoid undertaking activities which might place the charity’s property, funds, assets or reputation at undue risk.

(iv) Act in the best interests of the charity. This means they must not allow personal interests or views to override this.

(v) Act and be perceived to act impartially and not be influenced in their role by any social or business relationships.

5.2 Property transactions and involvement of the Charity Commission

5.2.1 In any transaction that involves selling leasing or disposing of property belonging to the charity the law says that the charity trustees must:

(i) try to get the best deal for the charity

(ii) take written advice, including a valuation, from a qualified surveyor before agreeing to the transaction

(iii) advertise the sale or lease, unless the surveyor says otherwise.

5.2.2 In many cases, a charity can dispose of property without getting Charity Commission approval. However, Charity Commission approval is required in the following circumstances:

(i) The charity’s charitable objects required the land to be disposed of must be used for a particular purpose (unless you are replacing it with equally suitable property).

(ii) The charity trustees do not want to follow the surveyor's advice.

94166703-1


94166703-1

(iii) The charity trustees are specifically prevented from disposing of land by the charity’s governing document.

(iv) The charity trustees intend to sell for less than the market value.

(v) The charity trustees want to dispose to someone connected to the charity, such as a trustee, employee or their relative or in this case the Council.

5.3 Steps to be undertaken

5.3.1 The charity trustees must therefore (taking into account the obligations on charity trustees noted above):

(i) Consider the two proposed exchanges of land.

(ii) Consider the results of the public consultation (copies of which accompany this note).

(iii) Consider the relevant valuations.

(iv) Decide if they need separate legal advice.

(v) Decide if the two exchanges of land are in the interests of each (relevant) trust.



Appendix 7 - Statement of Community Engagement

Date: February 2013 Ref: 8381 Dalton Warner Davis LLP 21 Garlick Hill London EC4V 2AU Tel: 020 7489 0213 Fax: 020 7248 4743 www.dwdllp.com twitter.com/dwdllp

Chartered Surveyors | Property Advisors | Planning and Development Consultants

STATEMENT OF COMMUNITY

ENGAGEMENT

PROPOSALS FOR THE

REDEVELOPMENT OF HESTON

LEISURE CENTRE AND ENABLING

RESIDENTIAL DEVELOPMENT

London Borough of Hounslow

HESTON LEISURE CENTRE – STATEMENT OF COMMUNITY ENGAGEMENT FEBRUARY 2013 REF: 8381

Disclaimer

This report has been produced by Dalton Warner Davis LLP (DWD) and is intended for the sole and exclusive use of the instructing client. The report shall not be distributed or made available to any third party or published, reproduced or referred to in any way without the prior knowledge and written consent of DWD. The report does not constitute advice to any third party and should not be relied upon as such. DWD accepts no liability or responsibility for any loss or damage to any third party arising from that party having relied upon the contents of the report in whole or in part.



CONTENTS

1.0 OVERVIEW ............................................................................................................ 1

2.0 CONSULTATION PROCESS................................................................................. 3

First phase of engagement – Information.....................................................................................3 Second phase of engagement – Consultation..............................................................................3 Third phase of consultation - Participation....................................................................................4 Fourth Phase of Consultation - Feedback ....................................................................................4 Fifth Phase of Consultation – Awareness raising .........................................................................5

3.0 CONSULTATION WITH STATUTORY CONSULTEES......................................... 6

Previous May/June 2012 Consultation .........................................................................................6 Presentations to the Heston and Cranford Area Forum ...............................................................9 Presentation to Heston Residents Association...........................................................................10 Meetings with London Borough of Hounslow Officers and Members.........................................11 Meeting with the GLA..................................................................................................................11

4.0 PUBLIC EXHIBITION........................................................................................... 16

5.0 PREPARATION FOR THE EXHIBITION ............................................................. 18

6.0 RESPONSE FROM THE EXHIBITION................................................................. 20

Summary of Responses..............................................................................................................20 Analysis of Responses................................................................................................................20 Key Themes................................................................................................................................29

7.0 CONCLUSIONS ................................................................................................... 31

APPENDICES

APPENDIX 1: PRESENTATION TO HESTON AND CRANFORD AREA FORUM, 27TH SEPTEMBER 2012

APPENDIX 2: PUBLIC NOTICES

APPENDIX 3: EXHIBITION NOTIFICATION LETTER

APPENDIX 4: EXHIBITION NOTICES

APPENDIX 5: REGISTERS FROM PUBLIC EXHIBITIONS

APPENDIX 6: COMMENTS ARISING FROM CONSULTATION PROCESS

Revision Purpose Description Originated Checked Reviewed Authorised Date 1.0 JW JW JW JW 20.02.12 DWD Job Number: 8381



1

1.0 OVERVIEW

1.1 Pre-application consultation is becoming more and more important within the planning system

and is a key facet of the Government’s forward-facing agenda. The introduction of the

Statement of Community Involvement (SCI) within the Local Development Framework, e-voting

and the 2004 publication ‘Positive Engagement - A Guide for Planning Councillors’ have all

placed public consultation firmly at the heart of good planning. Going forward, the

government’s ‘localism’ agenda, based on giving more power and a greater voice to the people

will place an even greater emphasis on meaningful consultation with stakeholders.

1.2 An increasing emphasis has been put on the need for Local Planning Authorities (LPAs) to

reach a decision on planning applications within the statutory timescale (8 weeks for minor

applications, 13 weeks for major applications). As such, it is now considered by most LPAs that

the majority of, if not all, issues should be resolved prior to submission of any planning

application. This places a greater need upon the developer to engage with all relevant

stakeholders.

1.3 This Statement of Community Involvement (SCI) describes the pre-application consultation

process undertaken by the Applicant, London Borough of Hounslow (LBH), prior to submitting

applications in respect of the demolition of the existing leisure centre, No. 21 New Heston Road

and scout hall buildings and erection of a two storey leisure complex (Site D) with associated

cycle and car parking; erection of 3 MUGAs with flood lighting and fencing; installation of

children’s play area; extension to existing storage building on the eastern boundary for use by

Scouts; installation of new vehicular crossing to Welbrooke Children’s Home; associated

improvements to Heston Park; associated outline application for enabling residential

developments of Sites A, B and C with creation of vehicular access points to New Heston Road

and all other matters reserved.

1.4 This statement is submitted with the planning application package as a supporting document in

accordance with the requirements of the London Borough of Hounslow (the Council) Statement

of Community Involvement, as amended, August 2012. The SCI is currently subject to further

proposed amendments, which were subject to consultation between 5th November and 14th

December 2012. The changes proposed in the draft SCI do not impact upon the process

implemented in this instance. In addition to the advice provided within the SCI, the pre-

application process has also been developed further to consultation with Officers and Members

of the Council.

1.5 LBH has been leading the process as they are fully committed to engaging with key

stakeholders regarding the proposed development. We conclude that LBH has implemented a

thorough, well considered process that has provided stakeholders with the opportunity to air

views on specific issues. The feedback provided has informed the design development where

appropriate.



2

1.6 The following sections outline the consultation process, methods of notification employed,

stakeholder feedback and our conclusions.



3

2.0 CONSULTATION PROCESS

2.1 London Borough of Hounslow adopted its Statement of Community Involvement (SCI) in

September 2006. The SCI was subsequently amended in August 2012 and it is this document

that has helped form the basis of the pre-application process implemented by the Project Team.

2.2 In line with the provisions of the SCI, a five-step approach to consultation has been undertaken.

A brief overview of the process is set out below. Sections 3 and 4 provide greater detail in

respect of meetings held and the feedback received during the public consultation process.

First phase of engagement – Information

2.3 This phase focused on establishing appropriate parameters to assist design development.

Accordingly, approaches to the following groups were made:

Planning Officers

Officer Working Group

Member Working Group

2.4 The focus of the approach was to provide information regarding the proposed consultation

process going forward, so that groups could be satisfied that all relevant stakeholders would be

identified, engaged and provided with opportunity to comment on the proposals. A briefing note

and subsequent discussions with the above groups formed the first phase of engagement.

Second phase of engagement – Consultation

2.5 The second phase of engagement sought to provide details of initial concepts and broad

principles relating to the proposed development. Meetings were arranged with the following

groups:



4

Planning Officers

Heston and Cranford Area Forum (HaCAF)

Greater London Authority

2.6 Given the extent of proposals it was considered that discussions would need to be held with

both Planning and Highways Officers to ensure that the input received would consider all

relevant issues.

2.7 The composition of the HaCAF was reviewed to ascertain whether an additional meeting would

be required with Ward Members and also the Heston Residents Association (HRA). Upon

review, it was considered that HaCAF meetings would provide sufficient access for the above

parties to be engaged in the pre-application process and understand and be able to comment

on the proposals. It was agreed to support the information provided at HaCAF meetings with the

offer of a meeting with HRA as the pre-application process progressed. Further details of

meetings with HaCAF and the HRA are set out in Section 3 of this report.

2.8 Outwith of the Council-focused engagement process, a meeting with the Greater London

Authority was progressed to discuss strategic planning issues. Further details of the meeting

with the GLA and subsequent feedback are provided within Section 3 of this report.

Third phase of consultation - Participation

2.9 The main public phase of consultation was undertaken via public exhibitions, used to highlight

the proposals in a significantly developed state. Public exhibitions were provided at Heston

Library, as set out in Section 4. To supplement this, a further static exhibition, which reproduced

the boards used at the public exhibitions, was provided at Heston Leisure Centre.

2.10 To assist understanding of the proposals, a series of visual aids were prepared, including CGI

images of the development. A briefing note to provide basic details of the development and an

FAQ sheet was also prepared for handout at the exhibitions.

2.11 The handout materials were designed to enable stakeholders to adequately determine the

proposed ‘look and feel’ of the development, as well as other more detailed issues, such as the

timetable for submission of the application and proposals in respect of landscaping,

construction and works to the highway.

2.12 The Exhibition Boards, Briefing Note, FAQ sheet and feedback forms to allow comment were

made available at the exhibitions and on the website, so that people unable to attend any of the

exhibitions were able to review the proposals and provide comments. The project website went

live to coincide with the exhibitions.

Fourth Phase of Consultation - Feedback

2.13 Upon completion of the consultation period following the public exhibitions, all comments were

collated into a briefing note and circulated to the Project Team. The comments were broken



5

down according to issue (design and layout, transport and access, planning, service provision

etc) to enable the most appropriate team members to consider matters and propose solutions.

2.14 Further meetings were held with Council Officers, HaCAF (and ward members and the HRA) to

explain progress further to the earlier presentation, subsequent design development and the

response from the meetings and exhibitions.

2.15 The response from these meetings helped to determine whether any further revisions were

required to the design of the Leisure Centre and enabling residential development parcels prior

to the planning submission being made.

2.16 It was agreed to provide a static exhibition to highlight the final designs and proposed timetable

for the planning submission and subsequent development of the site, should the proposals

receive consent.

2.17 The static exhibition, which will be implemented to align with the planning submission, will be

advertised in the same manner as the earlier manned exhibitions, so that all interested parties

wishing to view the proposals have opportunity to do so. It is proposed that the exhibition will

be in place for a period of approximately two to three weeks, to be agreed with Council Officers

and Members, in a readily accessible location – possibly in the existing Leisure Centre or

Heston Library.

2.18 Concurrently with the static exhibition, a brief synopsis of all comments received and a list of

subsequent changes to scheme design (or reasons why certain changes could not be made)

will be provided to all stakeholder groups attending the consultation meetings, plus those

registered as attending the Public Exhibition(s) and/or providing comments via Freepost, e-mail

or on feedback form via one of the means available. The letter will also provide further details

regarding the planning submission.

Fifth Phase of Consultation – Awareness raising

2.19 In line with paragraph 12.2 of the SCI 2012, this Consultation Statement has been produced

and submitted in support of the planning application. Later sections of this document will set out

how the requirements of the SCI 2012 have been satisfied, with particular regard to the

representations received and how these have been considered and reflected in the application.

It is noted that this is not the final version of this report. An addendum to set out how the Project

Team has responded to the various comments received will be submitted early during the

planning application process to coincide with the exhibition phase.



6

3.0 CONSULTATION WITH STATUTORY CONSULTEES

3.1 There is considerable background to the proposed development that has helped mould the

current scheme. A brief overview of issues is provided below.

Previous May/June 2012 Consultation

3.2 Proposals to redevelop Heston Leisure Centre and the adjoining sites were initially presented to

the Heston and Cranford Area Forum (Area Forum) in November 2011, along with a proposed

timescale for the next stages of the project. It was proposed that a public and stakeholder

engagement process would take place between April and May 2012 with the findings to be

reported back to the next Area Forum meeting.

3.3 Initially, the proposals were presented to the Heston Residents’ Association at their meeting on

1 February 2012, followed by a report to Area Forum on 2 February 2012 where a number of

comments were made. These were then reported through to the Member Working Group that

has been set up by the Cabinet to oversee the delivery of the project, where it was agreed that

the proposals as presented should proceed for formal public engagement.

3.4 The proposals were included in publicity materials consisting of posters, information leaflets and

background cabinet reports that were uploaded to the Council’s consultation website between

11 May and 12 June 2012, along with an online questionnaire. The proposals were also

displayed at Heston Library from 21 May to 11 June 2012, where hard copies of the

questionnaire could be completed. To supplement this approach, two drop in sessions were

arranged between 5pm and 8pm on 28 May 2012 and 31 May 2012 where officers were in

attendance to respond to specific questions posed by those attending.

3.5 The consultation and drop-in sessions were publicised through press releases which ran as

editorial in the Hounslow Chronicle, local community forums (brentfordtw8.com,

chiswickw4.com), the council website and the Fusion Lifestyle Ltd website. Posters publicising

the event were also put up in all the local schools and community buildings as well as the local

libraries and leisure centres. Fusion handed out the information leaflets to customers/members

and other visitors visiting Heston Leisure Centre between 11 May and 11 June 2012 and a

leaflet drop to the local residents surrounding Heston Park was also undertaken during this

period.

3.6 Comments were captured via a quantitative questionnaire which could be completed online or

dropped off in person at Heston library, the objective of this approach being:

To qualify residents’ perspectives on the proposed outline development.

To capture positive and negative comments in relation to the development and its wider

impact.



7

3.7 A total of 71 completed questionnaires were received and approximately 50 residents made the

drop-in sessions to discuss the proposals in more detail.

3.8 The results of the consultation highlighted that two thirds of respondents (68%) were in

agreement (strongly agree or agree) that the area in question was in need of regeneration. This

figure, however, dropped to 48% when asked if they were in agreement with the proposals put

forward.

3.9 Residents’ comments at the drop-in sessions reflected this, with most in agreement that

something needed to be done at the site. However, many had reservations about the specific

proposals. Concerns included the following (as noted from the questionnaires and drop-in

sessions):

IMPACT OF CLOSURE: 25% of comments related to this topic. Residents noted the

difficulty of travelling to another pool as a result of the closure, impact on clubs during the

closure and their provision at the new site. Some suggested that the pool should remain

open in some capacity whilst the works were being undertaken to minimise impact.

INFRASTRUCTURE REQUIREMENTS: 18% of comments related to this topic. There is

a strong concern that the residential build will be high density and this in turn will impact

on parking arrangements, local traffic, and use of local amenities (schools, doctors etc).

In addition, the site plan is not being considered in context of wider plans for the Heston

area, and the build is essentially seen as a piecemeal step to increasing housing and

population density without due thought to wider impact on facilities.

SPECIFIC LEISURE CENTRE/BUILD REQUIREMENTS: 18% of comments related to

this topic, with comments including:

− the idea of adding a hold rail at the side of the pool

− ensuring the pool is deep enough

− retaining the original pool dimensions

− liking the idea of the links with the park

− liking the idea of a café and soft play areas

− adding swipe card facility on entry

− ensuring build is of good design

− ensuring the Scouts are properly consulted in their move

− ‘MUGAs’ followed by ‘moving floor to learner pool’ are the most favoured options

should additional funding become available



8

OTHER COMMENTS:

− 45% of comments suggested the site needed redeveloping.

− 36% of comments noted the proposal was a good idea or long overdue.

− 29% of comments suggested using the existing infrastructure in the redevelopment

to retain costs and felt that a revamp would be sufficient.

− 12% of comments noted scepticism that the pool rebuild would go ahead or even

reopen if closed. This concern came across very strongly at the drop-in sessions.

− The loss of parkland and wildlife habitat was also cited but respondents felt that it

could be mitigated through retaining shrubbery/trees around the redeveloped area.

3.10 Although the initial reaction at the drop-in sessions was negative, this was considered in many

instances to be due to misconceptions around the proposals and after the issues were aired, it

became clear that the majority of consultees were in agreement that the site needed

developing, subject to the concerns raised being addressed.

3.11 The scope of the May/June 2012 consultation exercise was to understand residents’ views on

initial principles regarding redevelopment of the Leisure Centre and proposed enabling

development. Having considered the findings, it was agreed to consider actions necessary to

mitigate the concerns raised.

3.12 It was agreed that a design team consisting of leisure and housing architects, civil, structural

and building services engineers, planning consultant, landscape architects, acoustic engineers

and energy assessors with support of specialist surveys would commence the design process

further to the consultation process, which would include a review of the master plan developed

to date.

3.13 It was also agreed that the design team would work closely with the council, Fusion,

stakeholders and user groups to develop the design of the leisure centre and at the same time

develop proposals for the housing development, taking into account the results of surveys

undertaken to help inform the design process.

3.14 A communications strategy was developed at this time to ensure that all residents, users and

Stakeholders, including Council Officers and Members, would be kept properly informed

regarding progress of the project.

3.15 The strategy developed formed the backbone of the later November 2012 consultation process,

which is reported upon below.



9

Presentations to the Heston and Cranford Area Forum

3.16 In order to agree the proposed pre-application consultation process, a presentation was

provided to the Area Forum on 27 September 2012. The presentation set out the context for the

consultation process including:

Reiteration of the findings of the May/June 2012 consultation process

Key issues relevant to the ‘bricks and mortar’ proposals at Heston:

− Redevelopment of the Leisure Centre and service offer

− Development of Site A for residential purposes

− Development of Site b for residential purposes

− Potential land swap with neighbouring occupiers and consequences for on-site

development options (now referred to as ‘Site C’)

− Associated development in the vicinity of the Leisure Centre.

3.17 Following on from scene-setting, the basis of the engagement process set out in this document

was outlined and agreed by the Area Forum.

3.18 In response to the presentation, Members raised the following concerns:

There were concerns that the sports facilities would suffer or be cut back as a result of

the housing part of the scheme and whether the facilities could still be used during

construction. In response, it was advised that there would be the same sports provision

and that the facilities would shut down during construction, but there would be alternative

access to other sports venues.

There had been concerns over the two entrance points and congestion under the original

scheme as the stretch of road between the entrance points was quite narrow. The

developer advised that highways issues would be addressed through the transport

assessment. There would be four junction surveys to assess and the fairground access

would require further analysis.

Members wished to see the consultation spread as wide as possible and advertised in

local publications.

Both the Committee and the public were concerned that there would be an impact on the

infrastructure from the scheme’s new residents and there would not necessarily be S.106

measures to mitigate that impact. There were particular concerns around the impact on

the three secondary schools in the area, which were all oversubscribed. There were

many family dwellings in the area and children were already being sent to schools in

Feltham. Members felt that a new school was required rather than pre-fabricated



10

classrooms. It was advised that such matters would be properly assessed during the

planning process to ensure school provision was covered.

It was suggested that Heston Park would need security measures. The developer

advised that this would be considered as part of the design development process.

3.19 A copy of the presentation provided to HaCAF is reproduced in Appendix 1.

Presentation to Heston Residents Association

3.20 A presentation was provided to the Heston Residents Association (HRA) on 5th December

2012. The presentation provided further detail regarding the proposals over and above that

provided at the Public Exhibitions and also provided attendees with an opportunity to question

the Project Team and understand comments submitted at that time.

3.21 An overview of the issues arising from consultation was provided, which helped to inform and

encourage debate on a number of matters, including:

HRA’s support for:

− A much needed and long awaited new Leisure Centre for Heston with a much

improved Fitness Suite.

− Provision for new and better accommodation for the Scouts

− Retention of the Library and the Village Hall.

− Improved site entrance with the added benefit of reducing traffic hold-ups.

− Improved integration with Heston Park.

− Improved facilities in Heston Park (MUGA's)

HRA’s concern regarding:

− The size/density of housing development.

− The high percentage of private housing.

− The height, albeit tiered, of some of the housing development (4/5 floors).

− The possible inadequacy of parking spaces for the proposed housing.

− General concerns about traffic volumes associated with the housing development

and Leisure Centre generating more interest and therefore more traffic.

− Concerns about the park: including the need for more facilities and better security

particularly at night.

− The impact on the local infrastructure, such as education, health (GP's), public

utilities and all other services demanded and perhaps expected by householders.



11

Other suggestions:

− Consideration to be given to use of the new Scouts facility for other activities when

not being used by the Scouts, perhaps during the day. This might have the benefit

of a lower rent.

− Provision of on-site treatment room for sports injuries.

− Significant enabling development to be carried out prior to closure of the current

facility in order to minimise the period of closure.

− Assurance to be given that every avenue has been pursued regarding additional

funding both via direct Sporting Funding and sponsorship (for example BSkyB who

have recently had a planning application approved for new build on their site in

Isleworth)

− Regular updates to be provided to local community and user groups.

Meetings with London Borough of Hounslow Officers and Members

3.22 A presentation to the Members Working Group was provided on 9th January 2013 to explain

the outcome of the public consultation process and the subsequent meeting with the Heston

Residents Association.

3.23 Details of the comments received and proposed next steps were clearly set out, so that

Members could understand relevant issues and timeframes for subsequent contact with

interested parties. Further detail in this regard is set out Sections 6 and 7 of this document.

3.24 A Planning Performance Agreement, to define the scope of pre-application meetings to be held

with Planning Officers, was agreed and a number of meetings have subsequently been held to

discuss matters relating inter alia to Leisure Centre design, loss of local open space, external

leisure provision, landscaping, enabling residential development, transport and access.

Meeting with the GLA

3.25 A meeting was held on 18 December 2012 to discuss strategic matters relevant to the site. The

meeting was well attended with planning, access, energy and transport officials in attendance,

as well as members of the Project team and the Council’s Planning Department. Following the

meeting, the GLA circulated formal advice on 5th February 2013, the detail of which is

summarised below.

Principle of Development

The majority of the site is protected as open land. London Plan Policy 7.18 firmly resists

any loss of locally protected open spaces and the proposals would conflict with this

policy. Although this is likely to raise a significant concern for the mayor, the GLA

acknowledge the potential social and health benefits associated with the proposals and



12

would therefore balance this against Policy 3.19, which seeks to increase participation in

sport and physical activity in London. The critical factor in balancing considerations is the

extent to which the loss of open land has been minimised and mitigated.

Currently, the GLA is of the opinion that the extent of loss of open land is not outweighed

by the improved facilities associated with the proposals. To redress the balance, the

applicant must take a number of steps to minimise the extent of development on open

land. Relevant issues are set out below.

Sports facilities and social infrastructure

The proposals are supported in accordance with Policy 3.19. A leisure continuation

strategy is required to support existing user’s needs during temporary closure of Heston

facilities. In accordance with Policy 3.16, all community infrastructure assets need to be

identified and the proposals must not lead to a net loss of such assets.

Open land and allotments

The proposal includes enabling residential development on open land (including

allotments). The GLA advises that this doesn’t comply with Policy 7.18 (protection of

open space) or 7.22 (protection of allotment space).

Although it is considered that Heston Park is of particular local importance, the Council’s

assessment indicates that it is underused as a resource. On this basis, it is considered

that there is merit in delivering the redevelopment in order to raise its profile and promote

its sustainable use. Such benefits would need to be balanced against the loss of open

land.

Allotment supply appears to be low in the north central catchment, which includes

Heston. Although the 2007 Strategy is being updated, the planning application should

respond to this issue and explain current vacancy and demand levels within the

catchment, recent trends in this regard and the measures that the Council has in place to

market/promote the use of allotments within the Borough.

The planning statement must also set out a robust case regarding how the proposed loss

of open land resulting from the development would sit within the context of the local need

for open space and allotments.

Fairground

The application will need to address issues associated with the displacement of the

fairground activities which operate at the site. The Council should also confirm whether

there would be any requirements for the local authority to seek permission from the

Secretary of State before selling or changing the use of allotment land at the Heston

Fairground site.



13

Housing

Policy 3.14 requires the reprovision of any affordable housing lost as a result of

development at 21 Heston Road (SBHG). Beyond this, whilst Policy 3.12 seeks to secure

the maximum reasonable amount of affordable housing, the GLA would support an

absence of affordable housing where this will benefit overall viability and allow the

development footprint on open land to be reduced. The applicant’s approach in this

respect will need to be clearly set out within a viability appraisal.

Mix of Units

The proposed mix of typologies and unit sizes (and a 22% provision of family units) is

broadly supported in line with Policies 3.8 and 3.11.

Residential Standards

Residential space standards will meet or exceed those specified within Policy 3.5. This is

supported and will need to be supported by verifiable plans.

Children’s Play Space

Based on the information provided, the GLA is satisfied that the development will meet

applicable standards.

Density

Policy 3.4 suggest residential densities of 150 – 200 hr/ha. Although the proposed

number of habitable rooms would slightly exceed the indicative range provided, the GLA

are broadly content with the density proposed in principle.

Urban Design

Officers consider that Plot A responds relatively well to the challenges of an infill site.

Plots B,C and D should be addressed collectively and comprehensively.

Officers encourage the applicant to reprovide housing lost on 21 New Heston Road within

Site B, to allow sites C and D to be merged to create a more integrated layout of civic

uses to the east of the site.

Inclusive Access

The Leisure Centre and associated parking should be designed to relevant Sport

England and British Standards. The applicant should also consider use of pool lifts, rather

than traditional hoists.

It is recommended that a ‘Changing Places’ toilet is provided within the reception area to

ensure that these facilities are as inclusive as possible.

The proposal to provide 10% of new homes as wheelchair accessible is supported in line

with Policy 3.8.



14

External children’s play areas should be accessible to both disabled children and parents.

Accessible play equipment should be identified within the Design and Access Statement.

The provision and management of blue badge parking bays for residents should accord

with Lifetime Homes standards and the Wheelchair Housing Design Guide, with parking

bays located as close as possible to relevant entrances.

Public Realm

The applicant should ensure that the landscaping/public realm strategy will promote a

clear demarcation between the carriageway and footway in shared surface areas and

that a ‘safe zone’ will be created for pedestrians.

The pedestrian route to the Leisure Centre should be legible as a continuous pathway up

to the principal entrance, with pedestrians given priority.

The provision of a shared surface at the entrance to Leisure Centre may present various

challenges in terms of pedestrian/vehicular interaction. The applicant is advised to give

this further consideration to ensure it will facilitate a safe, legible and direct pedestrian

route to and from the building entrance.

Sustainable Development

The applicant will need to provide a full energy assessment in accordance with Policy

5.2. The assessment should confirm that the development will reduce its regulated CO2

emissions below those of a 2010 Building Regs compliant development through energy

efficiency measures alone.

The applicant should explore the potential to connect to a district heating network, as

appropriate and the provision of a site-wide network, connecting flats within sites B and C

and the Leisure Centre.

Ultimately the energy strategy will need to demonstrate 25% CO2 reductions as set out in

Policy 5.2.

Climate Change

The applicant should address the requirements of policies 5.10, 5.11 and 5.13 through

the provision of new planting, green roofs and SUDS within the development. In addition,

there should be no net loss of trees associated with the proposals.

Transport

It is acknowledged that the residential car parking ratio of 0.9 to one space per unit may

be appropriate.



15

Given the location of the scheme within 900m of the TfL Road Network (junction of Upper

Sutton Lane and the A4 Great West Road), it will be necessary to model the impact of

additional vehicular trips arising from the scheme.

Provision should be made for blue badge spaces and cycle parking and electric vehicle

charging points in line with Policies 6.9 and 6.13. The site should also accommodate

mini-bus and coach drop off.

The applicant is encouraged to undertaken a pedestrian environment review system audit

to encourage walking in line with Policy 6.10. This should include a review of the two

nearest bus stops on New Heston Road. The GLA will strongly encourage upgrades to

overcome any deficiencies to the local pedestrian network.

3.26 The comments received helped to mould the scheme that was then the subject of the public

pre-application consultation process. Comments raised in relation to the Public Exhibition are

set out in section 6.



16

4.0 PUBLIC EXHIBITION

4.1 LBH held pre-planning consultation exhibitions for local residents and other key stakeholders at

Heston Library, New Heston Road, Hounslow, Middlesex, TW5 0LW on the following dates:

Thursday 29th November, 3.00pm – 7.30pm

Saturday 1st December, 9.30am – 12.30pm

4.2 In addition, exhibition boards and handout materials were left in place up to 21st December at

Heston Library and Heston Pool.

4.3 It is considered that the locations and time provided for the exhibitions was sufficient to allow

the majority of residents to attend and make comments. The locations were specifically chosen,

following discussions with Council Officers and Members, as they were easily accessible by the

majority of those living close to the development site or working within the vicinity.

4.4 Approximately 120 people attended the exhibitions, 75 of whom chose to sign in via the

registers. Attendees were a mix of local residents, business employees and Council

representatives. Also in attendance were representatives of the Council’s Environment, Leisure

and Housing Departments, Studio E Architects (lead design consultant with responsibility for the

Leisure Centre and overall project management), Living Architects (responsible for the

residential aspects of the project), Churchman Landscape Architects, Curtins Consulting

(Transport) and Dalton Warner Davis (Planning) who were available to answer questions about

the technical aspects of the proposed development.



17

Location of the Exhibition Venues in the context of local residents and busin ses es

Photos from the 29th November exhibition



18

5.0 PREPARATION FOR THE EXHIBITION

5.1 The applicants gave advance notice of the exhibitions in the w/c 26th November editions of the

Hounslow Chronicle, its online edition, www.hounslowchronicle.co.uk and local websites

BrentfordTW8 and ChiswickW4. A copy of the public notices is provided within Appendix 2.

5.2 Invitations were produced and delivered to approximately 2,500 properties and businesses

located close to the proposed development sites to inform local stakeholders of the public

exhibition. The invitations were distributed 11-12 days prior to the first of the public events on

17th and 18th November 2012, providing residents and businesses with a summary of the

development proposals and offering the opportunity to further consider the proposals at one of

the consultation events. The map below highlights the distribution of invitation letters in Heston.

5.3 In addition, 15 notices were sent to local GP Surgeries, Dentists, Community Centres, Leisure

Centres, Churches, the Village Hall and Library to inform residents of the forthcoming events. A

leaflet drop to Heston Pool, the Library, the Village Hall and a number of local newsagents in

the surrounding locality was also undertaken. The notification letters sent to residents and the

above groups are reproduced in Appendix 3.

5.4 The exhibitions included a number of information boards that outlined the development

proposal. A series of handouts supplemented the information provided on the boards. A copy

of all exhibition materials is available for review in Appendix 4.

Extent of letterdrop – Option 1

http://www.hounslowchronicle.co.uk/



19

5.5 All attendees were given the opportunity to register at the exhibitions. Approximately 65% of all

attendees took the opportunity to register upon entry to the exhibitions. A copy of the exhibition

registers forms Appendix 5.

5.6 A feedback form was provided for attendees at the public exhibitions to complete with their

comments. Attendees were given the opportunity either to complete and return the feedback

forms during the exhibitions or take these away for further consideration to return at a later date.

To supplement this process, details of a dedicated e-mail address – [email protected]

and a FREEPOST address were provided on the notification letters, leaflets and newspaper

notices and the exhibition boards.

mailto:[email protected]



20

6.0 RESPONSE FROM THE EXHIBITION

Summary of Responses

6.1

6.4

The design proposals were well received in the majority by those who attended the exhibition

and have submitted comments. In total, 43 sets of comments were received. There were 13

written responses by email, 2 letters and 28 feedback forms, the detail of which is analysed in

this section.

6.2 In addition to our more detailed review of the responses, which is set out later in this section, a

more general analysis of the responses to the proposals has also been undertaken:

5 were supportive of the proposed option – where a clear preference was shown

27 were considered ‘neutral’ in relation to the proposals – showing support for the

proposed scheme, but also raising points which would need to be addressed

11 objecting to the scheme – where a clear stance against the proposals was shown

6.3 The following paragraphs breakdown the comments according to category and relevant parts of

the development.

Analysis of Responses

Breaking the responses down into comments made according to category, the following issues

were raised in relation to the proposals:

Positive responses (41 mentions)

General (21 mentions)

The area needs upgraded leisure facilities.

Redevelopment of the Leisure Centre and Heston Park is long overdue and welcome (2

mentions).

A much needed and long awaited new Leisure Centre for Heston with a much improved

fitness suite.

Provision for new and better accommodation for the Scouts.

Retention of the Library and Village Hall.

I find the plans ok

Broadly in favour of the overall plan

The proposed facility is generally an attractive plan, adding much to the neighbourhood.

Very good

Interesting



21

Need the development, especially for teenagers.

Like the Leisure Centre plans and the outdoor football pitches.

Very good, accommodating public opinion and suggestions.

The plan proposal is interesting as it will help the local community and businesses.

A new swimming baths with a recreation centre is very necessary. Heston Baths was built

in 1939 and then was to Olympic standards.

Positive investment in area.

Like the Leisure Centre and resources.

Hopefully it will regenerate Heston, which has been in decline due to so many houses

rented or lettings. Hopefully young families will return to Heston.

We welcome the re-development of the Leisure Centre, which is decrepit and

deteriorating, and the Library.

Leisure Centre badly needed in Heston/Hounslow area.

Design and Layout (18 mentions)

Family changing rooms, café and more facilities are good.

Glad to see Scouts are being accommodated in a better building.

New access into Leisure Centre

Additional provision of illuminated pitches

Refurbishment of tennis courts

Soft play, Creche, Café, 3rd generation all weather five a side pitches, outdoor gym,

improved play areas for under 5’s and 6-11.

Like the new swimming pool/Leisure Centre

It includes a training pool for children

It includes more social, dance and training room facilities

Like the overall proposal, in particular the provision made for various activities such as

the gym, studios for fitness, dance etc.

Like the toilet facilities that will also be open for use by park users.

Access to and from the park is good.

Like the café.



22

Parking spaces planned seem adequate.

Improved site entrance with the added benefit of reducing traffic hold-ups.

Improved integration with Heston Park.

Improved facilities in Heston Park (MUGA’s) (2 mentions).

Transport and Access (2 mentions)

Increased parking and access is a good idea

The refurbishment of the Leisure Centre and improved parking

Negative responses (97 mentions)


The development of 200 houses will create congestion and anti-social behaviour

Fly-tipping is a terrible problem in Heston. More people won’t improve these issues.

The development at the Queen’s Head pub, TA Centre and old Garden Centre are ugly

and out of keeping with the surrounding area.

No organised sport in order to train for national/international contests or Sunday leagues.

Heston is not the ideal place for a Leisure Centre.

The Leisure Centre merely needs a refurbishment, as does the Park.

The plans are merely an opportunity to put up more development/housing. We need

more green spaces and less intense development.

Existing development will become stressed by the noise from build and the development

itself

There is no sense of having a garden if there is a home/homes at the other end. You

can’t control your neighbours.

No Leisure Complex for two years (3 mentions)

Shame that a Community Hall is not included, as the Village Hall is very basic.

No benefits from new facilities

Price of facilities is still the same.

Since 1950, residents of Heston have seen the demise of a small village into an urban

expanse with the loss of open spaces, parks and farm land with no regard to the people

who live there.

The inconvenience to residents during the development.



23

Security issues for the adjacent properties during construction.


The homes are too close to the back of my house.

Sacrifice of back garden view.

Significant loss of visual amenity.

Loss of privacy.

Loss of sunlight, due to the flats (2 mentions).

Lack of peace in back gardens.

Tall block of flats in Site A may overlook my property at the rear and effect privacy.

What are the proposals regarding social housing?

Why are buildings so tall and why this much housing in Heston?

The blocks of flats are too high (2 mentions)

Loss of green space and amenity in the residual park.

Intense residential development and five storey blocks appear out of place

Overdevelopment – very dense and built on parkland leaning that even one house

represents a 100% increase in development.

Imposing/overbearing nature of development, due to proximity of flats to existing housing.

There will be too much noise from the build and the residents who eventually live there

The new development will not be in character with the “Village” atmosphere of Heston.

Too many units proposed for people to live in.

Gross overdevelopment of green space

Loss of public open space

Gross overdevelopment of old S.B. Housing and social service areas

No cricket, football pitches or grass tennis courts

No facilities for disabled athletes

Insufficient space for 4th Heston Scouts

No bowling green, or anything outdoors for schools or adults

Concerned about the density of housing and height of some of the buildings.



24

Scheme is in outline only, so even higher densities may be possible.

The old pool is built to the imperial size of 100ft x 50ft and has been converted to a 25m

pool by the inclusion of a boom. The residual part of the shallow end leaves a nice zone

for non-swimmers to soak and gossip, often used by elderly ladies during the morning

session and by aqua aerobic sessions at other times. The new pool does not include the

above facility and the intended training pool will not be suitable. The main pool will

therefore need to be used for these activities, which will restrict the use of the main pool

and block swimming lanes.

No designated facilities for disabled people included in the plan, following the closure of

the Acorn Centre.

Although the new pool will have 6 lanes, these will be narrower and shallower than the

existing pool.

The pool will be 0.9m at one end and 1.8m at the other, therefore racing dives will only be

practical at one end.

There is no spectator seating or area for galas

As the pool is smaller and significantly shallower, sub-aqua classes will no longer be as

practical.

It demolishes a perfectly sound existing structure

It does not make use of the existing pool basin, which the new pool relocated at right

angles to the old.

The renovation of the CIP Building lacks character.

No detail on control of pedestrian access to the Park – gated? Opening hours? Who

controls?

Poor location of SBHA housing in relation to Leisure Centre

Concerned about height of blocks

Insufficient provision of storage, clothes drying facilities and bicycle storage.

Light spillage – the resident’s of Banks Yard currently enjoy a decent level of darkness.

This will be a thing of the past with streetlights illuminating homes at night.


Impact on traffic of new developments (9 mentions)

Entrance to Site A Residential scheme is around 20-22 feet wide, which is not enough

space for the additional traffic



25

Commuter times, buses packed, standing room only.

Only one bus stop in New Heston Road

Insufficient parking at one space per dwelling, with 1 to 4 per dwelling likely. Will park at

Leisure Centre

Insufficient parking across the whole development (4 mentions)

No provision for coach parking or turning

No provision for cycle routes.

Surrounding roads will suffer from shortfall of residential parking

Area cannot cope with more traffic (3 mentions)

It will congest the area (2 mentions)

Insufficient parking on the residential sites

The proposed plans create a dense housing area, exacerbating local problems – access

and parking

Ecology (3 mentions)

There is a lot of wildlife in the park – foxes, birds of prey, small mammals. The

development will lead to a significant loss.

Is the site one of natural interest?

The light generated by the development will be harmful to bats.

Infrastructure (8 mentions)

Local schools, doctor’s surgeries oversubscribed already (5 mentions)

Drainage insufficient

Too much pressure on health centres, hospitals.

Services infrastructure (water, gas, sewerage, electricity) needs to be upgraded to

accommodate new development

Construction (1 mention)

Concern regarding the disruption caused by extra traffic lights and heavy vehicles during

construction.

Suggestions/Comments (68 mentions)


Don’t build unless noise levels can be controlled, so that they are less than that currently

prevailing in the area



26

Need more security in the park, as sometimes not safe to take children there.

Consider security around the Leisure Centre.

Build a new pool in Lampton Park, near Lampton School, would benefit the School. We

were always promised a new pool in Hounslow.

Use Heston Community School for dance studios

Cure obesity by providing more opportunity for organised, outdoor sports.

Find somewhere else outside of the area to build the Leisure Centre.

Leave the Leisure Centre as it is.

Need park keeper/warden for the new complex and grounds to ensure maintenance (2

mentions)

The plans should be considered alongside recent developments at the Queens Head

pub, Garden Centre and Territorial Army, plus parking restrictions. Heston has lost its

character and charm.

The Leisure Centre should be re-developed, but no residential units.

It’s a pity that no Councillors were present at the exhibitions.

As this project could take up to 4 years to complete, how will all the extra lorries and

vehicles be managed/accommodated in this narrow road?

I presume that the hours of work will be restricted to give residents a respite during

construction?

Can the now discontinued rate of £22.50/month that certain members still benefit from be

retained if the proposed redevelopment of the pool goes ahead? This would be a reward

for long standing customer’s loyalty and retaining it would be insignificant in terms of the

project’s total costs.

Wherever the cash comes from for the sale of the land, what guarantees do we have that

the company will go out of business before the project is complete?

Who will own the Leisure Centre when complete?

What will happen to the Library?

The Leisure Centre must be constructed prior to any new residential properties to prove

that the Council will not renege on the promise given.

Why are 200 houses required to pay for the Leisure Centre?



27

Will the funds raised by the sale of the residential sites solely be spent on the Leisure

Centre or are there other schemes in the Borough area that this money will be spent on?

Why do we need a new Leisure Centre in Heston? Isleworth is just a short journey away

and was built without need for additional houses.


Are all the clubs that currently use the pool adequately catered for by the new

development? We should not lose anything by this development.

How have needs of specific faiths been taken into account in the design of windows? Has

the need for privacy been factored in?

Move park gates back, so no long pathway by the Village Hall to prevent vandalism.

Badminton court would be great to add.

Café must overlook children’s play area and link to park.

Need more detail on redevelopment of Heston Park. Insufficient illustration of long term

investment/upkeep.

Detailed finishes of SBHA and Site B must be from the same palette.

Consider storage more carefully to overset likelihood of balcony clutter.

The design must have no balconies or some method of keeping them in good order

Consider control of landscaped areas to offset likelihood of littering.

Provide a children’s cycle track.

Make use of existing structure and pool basin.

Fill the 10ft zone deep zone up with foam concrete and cap this with a solid concrete slab

to make the deep end 6.5ft maximum.

Retain the full width of the pool. The current three lane split is ideal for rotation swimming

(slow, medium and fast lanes).

The existing building appears to have an adequately large, strong structural frame and

some upper floor areas could be considered above or at the end of the pool basin.

Extend out from the existing footprint for the additional facilities envisaged. There

appears to be adequate space on the existing site.

Retain the tiered seating.

Get rid of the flume. Nice idea, but expensive to manage and health and safety issues.



28

Drop ceiling over main pool zone to reduce heating requirement and give space for new

services, climate control etc.

Remove existing boom and build a new structural division strip which would also create a

zone for structural support columns for the mezzanine floor above.

Sketch attached to show above suggestions and construction of mezzanine zones

(hatched) at each end of the pool. Can be built with relatively simple structural

arrangements without the need to have structural support within the main pool zone. (see

Appendix DWD 1 for sketch).

Refurbish, rather than rebuild the Leisure Centre (2 mentions).

Why couldn’t previous plans, which placed the Leisure Centre at an alternative end of the

site, enabling the old pool to be retained until the new one was built, be progressed?

Known down the current Leisure Centre, extend the park on the vacated site, thus

negating the need to recompense with new buildings.

Consider proximity of existing garden spaces, overlooking, dominance etc in the final

layout of houses/flats.

Reduce the footprint and visual impact of residential development.

Need to look at fence, boundary with Memorial Close to ensure that this is better

protected.

Provide decent high fencing between Heston Park and Memorial Close

Would like the café moved to an area near the children’s playground and, if possible, also

looking over the learner pool and larger pool (2 mentions)

The height of flats on Site A should be restricted to 4 floors in line with the development

on Banks Yard.

Provide a closing party for the pool given its history.

The depth of the teaching pool does not look appropriate for aqua aerobics. Have will this

be provided?

The outline plans are for houses and flats. Nearly all the developments locally are for

dense occupation in flats, more houses and no flats would be preferable.


Need to consider car parking on New Heston Road more carefully. Congested from 8am

to 9am and throughout the evening.

Increase parking at both the residential sites and the new Leisure Centre.



29

Streetcar/Zipcar should be approached and invited to operate in Heston to minimise

traffic disruption.

Need increased bus/cycle lanes on Heston Road and New Heston Road.

To allow the smooth flow of traffic parking on New Heston Road should be restricted to

the south side only. This is particularly necessary along the shops next to the centre and

the supermarket on the north side of the memorial.

Make New Heston Road a no-parking zone between 7am to 7pm to allow larger vehicles

to negotiate the road.

No clear indication on plans of ingress/egress to the sites. Does this mean the roads will

have to be re-configured?

Infrastructure (6 mentions)

Provide a playgroup/nursery/childcare provision to meet the needs of the families, less

advantaged and extra housing that are planned (2 mentions).

Do not add to local population before remediating inadequate infrastructure and

resourcing of local schools and health services (4 mentions).

Key Themes

6.5 Review of the comments provided highlights a number of key themes:

A low level of comments received in comparison to turnout at the exhibitions. This usually

demonstrates a certain level of support or neutrality in terms of that being proposed

A relatively neutral response to the proposed development. The majority of submissions

highlighting both positive and negative aspects of the proposals. Slightly more outright

objections were submitted than support shown for the proposals.

Proposals for the Leisure Centre were broadly welcomed.

Proposals within Heston Park were broadly welcomed.

The means of enabling the development via residential development is not supported on

a number of grounds.

There is significant concern regarding the impact of the proposals on traffic levels with

the locality, parking and infrastructure (the ability of education, health services and

general services – gas, water, electricity to cope with further development)

6.6 The consultation has also raised a number of issues that have required further consideration by

the Project Team, including:



30

The need to comprehensively respond on the refurbishment option and why this was not

pursued at the Leisure Centre.

How best to provide required housing in a manner that respects the amenity of existing

buildings – noise, views, privacy, light.

The need to fully explain why the quantum of residential development proposed is

necessary in this instance.

To further consider traffic impact arising from the development and how best to mitigate

against this.

To ensure that the necessary infrastructure is in place/planned to accommodate the new

development.

Whether other requests regarding sports/leisure provision should be accommodated –

warden/security, badminton court, bowls green, children’s cycle track.

6.7 All comments received are fully reproduced within Appendix 6.



31

7.0 CONCLUSIONS

7.1 As part of LBH’s commitment to pre-application consultation, the development proposals at

New Heston Road have been subject to a lengthy period of formal and informal discussions

with Council Officers and Members, members of the wider local community and local

businesses.

7.2 Comments, ideas and concerns have been gathered and assessed, and wherever possible

have been fed into the design process so that the proposals submitted with the planning

application meet as many local aspirations for the development and its environs as possible,

and also seeks to mitigate concerns and likely objections.

7.3 LBH has sought to be very open about the proposals and has been keen to involve the local

community. LBH and their representatives have held a lengthy public consultation process, first

discussing issues with Council Officers prior to refining plans and consulting all stakeholders on

a well considered scheme at public exhibitions. Dialogue with stakeholders including the

Council, local user and residents groups and the Greater London Authority and feedback from

the consultation process has been crucial to the further development of the scheme. It is

considered that the latest proposals optimise the benefits associated with the Leisure Centre

and improvements to Heston Park, whilst ensuring that other development necessary to take

forward the scheme is provided in an acceptable manner.

7.4 The primary purpose of the public exhibitions was to explain the context of the emerging

development proposals, to clearly illustrate the extent of the proposals and to gather attendees’

comments and ideas as part of the design process, prior to the design team working up

proposals to inform the planning application. Members of the project team were in attendance

to listen to concerns and expectations for the development and to answer any technical

questions arising from the exhibition information.

7.5 The results of the exhibitions highlighted a broad acceptance of the principle of redeveloping

the Leisure Centre, although ongoing discussions will be required with interested parties to

provide re-assurance regarding the extent of enabling residential development proposed and

associated perceived impacts on the local transport network, services and infrastructure.

7.6 Attendees at the Exhibitions felt in general that the consultation process had been inclusive and

that LBH had made a genuine attempt to develop the site in an acceptable manner, albeit with

the reservations as detailed in this report. The design team has listened to the various

responses to the wider consultation process and, where appropriate, has considered how best

to reflect these in the scheme design.

7.7 Discussions with the Council and other key stakeholders will continue during the planning

application process and it is LBH’s intention to continue discussing relevant matters with key

stakeholders to assist the determination process. LBH and the design team very much look



32

forward to being kept informed of the Council’s own consultation on the application proposals in

due course and are committed to genuinely considering the responses received.

Signed: ………………………………………………………………. On behalf of Dalton Warner Davis LLP Date: ………………………………………………………………….


HESTON LEISURE CENTRE – STATEMENT OF COMMUNITY INVOLVEMENT FEBRUARY 2013 REF: 8381

APPENDIX 1: PRESENTATION TO HESTON AND CRANFORD AREA FORUM, 27TH SEPTEMBER 2012



APPENDIX 2: PUBLIC NOTICES



APPENDIX 3: EXHIBITION NOTIFICATION LETTER



APPENDIX 4: EXHIBITION NOTICES



APPENDIX 5: REGISTERS FROM PUBLIC EXHIBITIONS



APPENDIX 6: COMMENTS ARISING FROM CONSULTATION PROCESS



Appendix 8 - Draft Deed of Substitution (Declaration of

Trust dated 31 July 1956)

DATED 2013

LONDON BOROUGH OF HOUNSLOW

DEED OF SUBSTITUTION of provisions contained in a Declaration of Trust dated

31 July 1956

THIS DEED is made on 2013 BY:

THE MAYOR & BURGESSES OF THE LONDON BOROUGH OF HOUNSLOW of The Civic Centre Lampton Road Hounslow TW3 4DN (“Council”).

WHEREAS

(A) By a declaration of trust dated 31 July 1956 by the Mayor Aldermen and Burgesses of the Borough of Heston and Isleworth in the County of Middlesex (“Corporation”) the Corporation declared that it would henceforth hold the public park and pleasure ground known as Heston Fairground (the relevant part of Heston Fairground (for the purpose of this Deed)) being shown for the purpose of identification only shaded blue on the indicative plan annexed to this deed) (“Existing Land”) in trust to preserve the same in perpetuity as a park and pleasure ground for the use of the public (“Declaration of Trust”).

(B) The Council is the successor local authority to the Corporation pursuant to section 1 of the London Government Act 1963.

(C) The Council wishes to substitute the public park and pleasure ground which was the subject of the Declaration of Trust for alternative land of the same value or greater.

NOW THIS DEED WITNESSES:

1 The Council hereby declares that from the date of this Deed of Substitution it shall hold the substitute land described in Schedule 1 of this deed (“New Land”) subject to the Declaration of Trust and that it accordingly shall hold the Existing Land absolutely and not subject to the Declaration of Trust.

2 The Council hereby warrants that it has received advice on the Declaration of Trust and has obtained the independent valuation of a chartered surveyor (“Valuation”) to the effect that the New Land is of the same or greater value to the land which was the subject of the Declaration of Trust.

3 Details of the Valuation are contained in Schedule 1 of this deed.

4 This instrument is executed as a deed and was delivered when it was dated.

heston deed of substitution trust 31 july.(3).doc

1

heston deed of substitution trust 31 july.(3).doc

2

Schedule 1

The New Land: Approximately [(1.92)] acres of open land, served by and adjacent to a vehicular access point from the public highway, being part of the public park and pleasure ground known as Heston Park situated in the Borough of Hounslow (the whole of Heston Park being shown for the purpose of identification only shaded orange on the indicative plan annexed to this deed).

The Valuation: A valuation report prepared by Deloitte LLP 23 August 2013 entitled “Valuation of Fairground Site, Heston Park”.

The common seal of THE MAYOR & BURGESSES OF THE LONDON BOROUGH OF HOUNSLOW was affixed in the presence of:

) ) ) )

......................................................................

......................................................................



Appendix 9 - Draft Deed of Substitution (Deed of Gift

dated 22 August 1935)

DATED 2013

LONDON BOROUGH OF HOUNSLOW

DEED OF SUBSTITUTION of provisions contained in a

Deed of Gift dated 22 August 1935

draft deed of amendment - village hall

trust (4).doc 2

THIS DEED is made on 2013 BY:

THE MAYOR & BURGESSES OF THE LONDON BOROUGH OF HOUNSLOW of The Civic Centre Lampton Road Hounslow TW3 4DN (“Council”).

WHEREAS

(A) By a deed of gift dated 22 August 1935 (“Deed of Gift”) (further details of which are in Schedule 1 of this deed) a parcel of freehold land (“Existing Land”) (further details of which are in Schedule 1 to this deed) was gifted to the Mayor Aldermen and Burgesses of the Borough of Heston and Isleworth in the County of Middlesex (“Corporation”) “for the purposes of a Public Hall Recreation Ground or any other local public purpose” and the Deed of Gift further states that “the Corporation has agreed to accept such gift for the purposes aforesaid”.

(B) The Council is the successor local authority to the Corporation pursuant to section 1 of the London Government Act 1963.

(C) The Council wishes to substitute the land which was the subject of the above provisions of the Deed of Gift for alternative land of the same value or greater.

NOW THIS DEED WITNESSES:

1 The Council hereby declares that from the date of this Deed of Substitution it shall hold the substitute land described in Schedule 1 of this deed (“New Land”) subject to the Deed of Gift and that it accordingly shall hold the Existing Land absolutely and not subject to the Deed of Gift.

2 The Council hereby warrants that it has received legal advice on the Deed of Gift and has obtained the independent valuation of a chartered surveyor (“Valuation”) to the effect that the New Land is of the same or greater value to the Existing Land.

3 Details of the Valuation are contained in Schedule 1 of this deed.

4 This instrument is executed as a deed and was delivered when it was dated.

Schedule 1

The Deed of Gift: a deed of gift dated 22 August 1935 made between (1) William Henry Fenton and (2) the Corporation.

The Existing Land: all that piece or parcel of freehold land situate at Heston in the Borough and Parish of Heston and Isleworth in the County of Middlesex which for the purpose of identification only is shown shaded blue on the indicative plan annexed to this deed.

The New Land: Approximately [(8.22)] acre of open land, suitable for recreational use, being part of the public park and pleasure ground known as Heston Park situated in the Borough of Hounslow (the whole of Heston Park being shown for the purpose of identification only shaded orange on the indicative plan annexed to this deed).

The Valuation: A valuation report prepared by Deloitte LLP 23 August 2013 entitled “Valuation of Village Hall Scout Hut Land, Heston Park”.

draft deed of amendment - village hall

trust (4).doc 3

The common seal of THE MAYOR & BURGESSES OF THE LONDON BOROUGH OF HOUNSLOW was affixed in the presence of:

) ) ) )

......................................................................

......................................................................



Appendix 10 - (Plan: 1281 PL001)

Location Plan

DWG. NO. REVISION

SCALE DATE

DRAWING

PROJECT

CHECKED

FOR INFORMATION

NOTE

1.

2.

3.

4.

Fax. 020 7381 4995Tel. 020 7385 7126 London, W6 9HN.Palace Wharf, Rainville Road,

Key

LLPESTUDIO

LATTER TAKE PREFERENCE.DETAIL DRAWINGS, THEASSEMBLY DRAWINGS &BETWEEN REFERENCE ORWHERE DISCREPANCIES EXIST RESOLUTION.ARCHITECTS FORATTENTION OF THEBE BROUGHT TO THEDIMENSIONS THESE MUSTARE FOUND BETWEENWHERE ANY DISCREPANCIES DIMENSION STRINGS.TO BE TAKEN FROMDRAWING ALL DIMENSIONSNOT SCALE FROM THETHE CONTRACTOR MUST STUDIO E LLP. THIS DRAWING IS COPYRIGHT

HESTON LEISURE CENTRE

1281

12

13

55

32

21

110 to 13

2

19

22

NO

RT

H

HY

DE

220

1

HESTON

Bank

11

66

55

1a

11

Junior

2

14

1

7

1

121

Houstoun

87

120

3

109

98

3

Duett

1 to 35

52

Heston Grange

14

30.2m

25

13

6

Parade

224

Pope John Centre

98

3

13

4

PO

17 to 24

11 to 1626

TH

E

GR

EE

N

16

12

Hall

24to 28

Posts

6

Sta

29.9

m

Heston Park

13

1

M 4

80 to 10

8

Tennis Courts

11

El

30

12a

2

48

141

170

LB

76

NEW HESTON ROAD

22

Crown

32

18

25 to 36

Primary School

12

29.9m

NO

RT

H

25

55

118

12

54

114

108

104

PH

125

TA

Heston Park

17

29

Sta

20

HESTON GRANGE LANE

17

37

38

1

1

238

137

205

The Green

ETON AVENUE

39

46

The Rosary Catholic

2

1 to 6

29.6m

59

82

69

145

136116

4 to 11

51

15

9

74

Allotment Gardens

Shelter

228

187

Lych Gate

Central

Court

4

12

ET

ON

AV

EN

UE

56

28

48

236a

El Sub Sta

Queen

of

2a

NEW HES

TON ROAD

Apostl

es Ch

urch

13

School

8

31

23

43

Pannells Court

36

1 to 18

4

2

Court

2

TA Centre

Sub

134 to 14

4

19

16

7

1

10

9

226

10

29.6m

236

29.3m

17

246

Church Room

Playground

ME

MO

RIA

L

CL

OS

E

44

Work C

entre

58

Our Lad

y

11

37 to 56

44a

WA

LN

UT

TR

EE

RO

AD

2

1 to 10

24

HY

DE

LA

NE

17

NEW HESTON ROAD

137

29.6m

112

Yeoman

29.3m

2

49

1

14 t

o 48

NO

RT

H

HY

DE

LA

NE

47

El Sub Sta

31

1

18

16a

45

45a

4

53

13

62

41

LA

NE

1

29.0m

War Meml

178

Heston Vicarage

10

Rosary RC

Rose and

17

45

9

16

44

3

El Sub

TCBs

127

12 to 23

43

3

WEST PARK CLOSE

50 to 7

8

43a

WORTHING ROAD

4

Central

Parade

7

TCB

5

Stanworth

8

147

47

34

30

44

7 to 10

(PH)

Build

er's Yard

13

BA

NK

SY

AR

D

21a

119

Court

Court

6

85

1 to 10

20

Hall

84

66

Centre

9

Bowling Green

Tennis Courts

CW

21

Playground

FW

Library

Villa

ge H

all

hut

Scout

CIP

54 Parking Spaces8

8

9

6

9

5

4

4

6

2Leisure Centre

00

30/01/13

PL

N

001

1:1000@A1

SITE A

SITE B

SITE D

SITE C

LOCATION PLAN

LBH Property

Application Site Boundary

0 50 100 150m @ 1:1000

report in respect to governing documents: deed of …

Documents