Trustees’ Annual Report for Pitstone Parish Charity for the period:

From 	1-4-18     (Period start date)   To	   31-3-19            (Period end date)

Reference and Administration Details

Charity name:  Pitstone Parish Charity (from 18/3/2004)

Previous names: Allotments for the Labouring Poor

Charity registration number:  261752

Principal address: 9 Warwick Road, Pitstone, Beds, LU7 9FE

Sole Trustee: Pitstone Parish Council, as a corporate body

Name and address of Advisers: 

Type of adviser	Name	Address

Land agent to the Parish Charity	Andrew Wright
Managing Partner
Head of Land Planning & Development	Kirkby & Diamond
57 North Twelfth Street
Milton Keynes, MK9 3BS	
Land agent to the joint landowners	Derek Bromley
Partner, Residential Development	Bidwells
2nd Floor, 45 Grosvenor Road,
St.Albans, Hertfordshire, AL1 3AW	
Solicitor	Terence Ritchie
Partner, Real Estate	SA Law LLP 
Gladstone Place, 36-38 Upper Marlborough Road,
St Albans, Hertfordshire, AL1 3UU	

Structure, Governance and Management

Description of charity’s trusts:		Charity Commission Sealed Scheme of 28/12/1923, and Sealed Scheme of 18/3/2004.	
Type of governing document	Para 1.25
	Trust deed	
How is the charity constituted? 
(e.g unincorporated association, CIO)	Para 1.25	Unincorporated Trust	

Trustee selection methods including details of any constitutional provisions e.g. election to post or name of any person or body entitled to appoint one or more trustees	Para 1.25	As the Parish Council, as Corporate Body, is Trustee, the trustees are selected via local government election every four years.  Where a casual vacancy occurs during the 4 years, a new member is co-opted.  Members of the Charity Committee are selected by lack of conflict of interest and competence/skills base.  

Central Government postponed the election from May 2019 to May 2020, to align with the elections for the new unitary council for Buckinghamshire being created in 2020, therefore members will serve an additional year in office.

It is recognised that in the long term, further/replacement trustees may be required to adequately fulfil the new objectives of this charity.

Additional information (optional)
You may choose to include further statements where relevant about:
Policies and procedures adopted for the induction and training of trustees
	Para 1.51	All councillors joining the parish council (sole trustee) are provided within information about the charity and Charity Commission guidelines such as The Essential Trustee.  

The clerk has undertaken the SAVO trustee e:learning course, and council is willing to fund training for any further members willing to undertake this commitment.

The council has appointed a committee of members who specialise in the affairs of this charity, and whom seek to disseminate information to remaining members. 
	
The charity’s organisational structure and any wider network with which the charity works

	Para 1.51	Pitstone Parish Council, as Corporate Body, is the Sole Trustee.  Persuant to S101(1) of the 1972 Act Pitstone Parish Council resolved that the affairs of the Pitstone Parish Charity will be managed by a committee to ensure it is easier for members to fulfil their obligations to only consider what is in the best interests of the charity and not the local authority, and limiting conflicts of interest.   

The charity committee provide regular reports to the full parish council in its role as sole trustee.  All strategic issues or financial expenditure must be referred back to the full council, in its capacity as trustee, for approval.

Meeting of the charity are always separate from meetings of the council and are separately documented.

The charity has its own legal and professional advisors.

Objectives and Activities

	SORP reference		
Summary of the purposes of the charity as set out in its governing document	Para 1.17	The aim of the Pitstone Parish Charity (as defined in 2004) is for the relief of persons resident in the area of benefit who are in need, hardship or distress by:

•	Making grants of money to them, or
•	Providing or paying for goods, services or facilities for them or
•	Making grants of money to other persons or bodies who provide goods, services or facilities to those in need.
	
Summary of the main activities in relation to those purposes for the public benefit, in particular, the activities, projects or services identified in the accounts.	Para 1.17 and 1.19	These objectives can only be undertaken once the charitable land is sold for development and the charity has funds available to make such grants.

The charity is working with a neighbouring private landowner to bring the parcel of land within its ownership, and within the previously defined Pitstone Development Area, to market.  The appointed developer, Nicholas King, submitted planning to AVDC in April 2017.  Outline planning permission has been granted for a public house and day nursery.  Grant of full planning relating to residential and community uses was granted in December 2018.  The parties are currently in negotiation regarding the sale terms.

The sale will generate funds with which the Charity can fulfil its charitable objectives.  	
Statement confirming whether the trustees have had regard to the guidance issued by the Charity Commission on public benefit	Para 1.18	Pursuant to Section 17(5) of the Charities Act and the Charities (Accounts and Reports) Regulations 2008 the Charity Trustee has taken due regard of the guidance on public benefit issued by the Charity Commission when exercising its duties.

Additional information (optional)
You may choose to include further statements where relevant about:
	SORP reference		
Policy on grant making
	Para 1.38	To be determined once in a position to provide grants.	
Policy on social investment including program related investment	Para 1.38	To be determined once in receipt of funds.	
Contribution made by volunteers	Para 1.38	All members of both the Charity Committee and the Full Parish Council are volunteers.  None claim an allowance or refund of any expenditure.	

Achievements and Performance

	SORP reference		
Summary of the main achievements of the charity, identifying the difference the charity’s work has made to the circumstances of its beneficiaries and any wider benefits to society as a whole.	Para 1.20	Work continues on the sale of the land to enable fulfilment of objectives.  

Full planning permission was granted to the developer by AVDC in December 2018 for the residential and community aspects.  

The related S106 agreement was approved between AVDC and the developer.

Negotiations now continue between the landowners and developer to conclude the sale.

In the meantime, a small income was generated via the hire of charity land.

Financial Review

Review of the charity’s financial position at the end of the period	Para 1.21	The charity has its own bank account.  At present the charity only holds £876.12.  A single receipt of £468.75 was received for hire of the land.  £202.35 was expended on room hire and hedge cutting.

Funds will become available following disposal of the land.  Liabilities incurred during this process eg legal fees, have been negotiated as payable upon completion.  The parish council has agreed to undertake any necessary ground maintenance under its open spaces program in the meantime.

The parish council insurance specifies the trustees of this charity and their work as part of its policy.  The Parish Charity land is listed on the parish council’s asset register.

The charity has no debtors or creditors and no outstanding loans.	
Statement explaining the policy for holding reserves stating why they are held	Para 1.22	Not applicable at present	
Amount of reserves held	Para 1.22	Zero	
Reasons for holding zero reserves	Para 1.22	The charity currently has no financial standing, just land ownership.	
Details of fund materially in deficit	Para 1.24	Not applicable	
Explanation of any uncertainties about the charity continuing as a going concern	Para 1.23	In order to comply with its objectives, the charity requires the grant of planning permission and the disposal of the land to complete.  This is ultimately outside the control of the charity.	

Additional information (optional)
You may choose to include further statements where relevant about:
The charity’s principal sources of funds (including any fundraising) 	Para 1.47	The principal source of funds will arise from the sale of the land holding.  At present no funds are sourced.	
Investment policy and objectives including any social investment policy adopted	Para 1.46	Not applicable at present	
A description of the principal risks facing the charity 	Para 1.46	•	Non completion of the disposal of land
•	Ongoing management of conflicts of interests	
Funds held as custodian trustee on behalf of others		Not applicable	

Other optional information

History
As part of the 1856 Enclosure Award, the land was awarded to the Churchwardens and Overseers of the Poor of Pightlesthorne as Allotments for the Labouring Poor.   From as early as 1888, Pitstone Parish Council was administering this allotment site and on 28 December 1923 the Charity Commission approved and established a scheme for the charity to be officially administered by Pitstone Parish Council as trustees of the charity.
In 1970, when much of the large site was unused, the Charity Commission granted permission for half of the land “to be used as an addition to the Recreation Ground under revocable licence given by the council to themselves as trustees of the Recreation Ground Charity”.    This land has never since been needed as allotments and continues to be managed under licence by the Recreation Ground Charity.   The Parish Charity charge no annual rent for this land, but receive the benefit-in-kind of all costs associated with the maintenance and care of this land being met by another body.   This section of land currently houses the children’s play equipment owned by Pitstone Parish Council. 
In 2004, as the Castlemead estate was created on the old Castle Cement factory site, the allotment land was identified for potential development to help extend community facilities and join the old and new halves of the village together (along with two parcels of adjoining land in private ownership).    The proposals were adopted by Aylesbury Vale District Council and are contained within the Pitstone Development Area Comprehensive Plan of 2005.   These future plans generated three actions:
•	Work commenced to find a suitable alternative site within the village for allotments.   Mr Hawkins of Pitstone Green Farm bequeathed a section of land along Marsworth Road, in the heart of the village, to the National Trust on condition that they lease it to Pitstone Parish Council for the provision of allotments.    In 2010, the Parish Council signed a 99 year lease with National Trust for this site and the new allotments were created, funded in part by the parish council and in part by various grants.    The new site is thriving and is managed on a day-to-day basis by the Pitstone Allotment Association, whilst the Parish Council retain overall responsibility.
•	On 18 March 2004 the Charity Commission accepted an application to update and broaden the scheme away from just “allotments for the labouring poor” and the charity was renamed the Pitstone Parish Charity with the objects redefined as “for the relief of persons resident in the area of benefit who are in need, hardship or distress.”   In this guise, the charity will be able to commence charitable work for the parish once the land is brought to market and the charity has available funds.
•	In order to prepare the old allotment site for inclusion within any such development, the land first needed to be registered with Land Registry (completed on 10/8/10) and permission needed to be obtained from both the National Association of Allotment and Leisure Gardeners and then the Secretary of State to sell what had originally been appointed as Statutory Allotment Land (granted on 29/2/12 & 30/7/13).

Taylor Wimpey was granted permission to construct the remaining phases of residential development within the Castlemead estate without developing the parcels of land around the recreation ground or including any leisure provision.   Aylesbury Vale District Council (AVDC) agreed that a commuted S106 sum could be paid by Taylor Wimpey instead.   AVDC stipulated that the land for the leisure development should be provided within the remaining parcels identified within the Comprehensive Plan which are located around the recreation ground (including the land owned by Pitstone Parish Charity).   AVDC now hold these funds on behalf of the parish of Pitstone, providing that the identified leisure requirements can be delivered within a set timeframe.
Pitstone Parish Charity therefore entered into a Joint Landowners Agreement with the private landowner to ensure a fair and equitable distribution of proceeds and costs, regardless of which parcel of land amenities are built upon.    Employed the services of Bidwells land agents, to undertake the associated marketing required for the joint landowners to support the sale of land, secured the services of Horwood & James solicitors to advise the charity and ensure the necessary sale conditions are applied and opened a dedicated bank account was opened for the Parish Charity to receive the funds generated by the sale of the land (zero balance).

During 2013/14 the Parish Charity served notice to the Pitstone Recreation Ground Charity of their intention to revoke the licence to manage the section of land.   Until such time as a confirmed date is provided, the Recreation Ground Charity continue to meet all costs and liability connected with this section of land.  The Parish Charity served notice to Pitstone Parish Council of their intention to dispose of the land currently housing their play equipment and requested confirmation from the Parish Council that they would be willing to accept ownership of the land if transferred as part of the Pitstone Development Area arrangements.  The Parish Council confirmed this was acceptable.  The Parish Charity, supported by Bidwells and Horwood & James, submitted an outline plan to The Charity Commission relating to their proposals.   The Charity Commission advised that the entirety of the land owned by the Parish Charity should be disposed on the open market to ensure maximum benefit to the charity.  The Parish Charity employed the services of Kirkby & Diamond land agents to assist with resolving the issues and bringing the land to market.  The Parish Charity resolved on 26/9/13 to withdraw all permissions granted to Pitstone Parish Council relating to the construction of play space or skate park facilities on the parcel of land managed under licence by the Pitstone Recreation Ground Charity.
During the 2014/15 and despite lengthy negotiations with the neighbouring landowner it was not possible to include the section of land previously managed under licence within the Joint Landowners Agreement for the Pitstone Development Area.  Therefore, the previous Joint Landowners Agreement (which had expired) was renegotiated based on the originally defined parcels of land.  The Design Brief was brought up-to-date and finalised so that it might be used to supplement the marketing information supplied to developers.   The Design Brief includes details of the latest community engagement events as part of the Pitstone Neighbourhood Development Plan, which confirms the desire of the residents to see the parcel of land owned by the Parish Charity developed and will therefore help to obtain a good sale price.  
Subsequently the joint parcels were advertised on the open market and preferred developer selected.  Following receipt of the Section 119 Charities Act report recommending disposal, Heads of Terms have been agreed and contracts entered into.  The joint landowners appointed legal representatation.

2016/17 saw the developer obtain pre-application advice from the planning authority and hold a public consultation event with the subsequent planning applications being submitted in April 2017.    Outline planning permission was successfully obtained by the developer during 2017/18 for two parcels of land for commercial developments of a public house and day nursery as required by the conditions contained in the Pitstone Neighbourhood Development plan.  The developer intends to market these opportunities upon completion of the sale.	

Declarations

               The trustees declare that they have approved the trustees’ report above. 

              Signed on behalf of the charity’s trustees:

Signature(s)		
Full name(s)		    Position (eg Chair)	
		Date