23/02/23 

A decision on whether a proposed land exchange at Maindy Park is in the best interests of the Maindy Park Trust is to be taken on March 2^ndby Cardiff Council Cabinet, acting in its role as Trustee of the charity. 

If the exchange is approved, an application will be made to the Charity Commission for its consent to land at Cae Delyn Park replacing part of the land at Maindy Park, currently held in trust by the charity. 

An independent Maindy Park Trust Advisory Committee,comprised of three independent members of the Standards and Ethics Committee, established to manage the conflicts of interest in the decision-making process, recently decided that the proposed land swap was in the best interests of the charity and recommended that Cabinet, as Trustee, approves the proposed land swap, subject to six conditions: 

1. The new velodrome is to be built and operational prior to the proposed land swap taking place.

2. The terms and conditions recommended in the Qualified Surveyors updated report are to apply; including specifically in relation to overage provision - being 50% of the uplift in value to be paid to the Trust if the site is sold for future development during a period of 75 years from the date of the release of the restrictive covenant (which would entitle the Trust to receive a share of any potential increase in value if an implementable planning permission is obtained for a higher value use of the land).

3. Improvement works are to be carried out at Cae Delyn (including improved drainage of the site, walkways, lighting and other reasonable and proportionate measures to reduce anti-social behaviour in the area) and the retained land at Maindy, in order to improve its amenity value for the purposes of meeting the Trust's charitable objectives.

4. Arrangements are to be made between the Trust and the Council for a lease or licence to be agreed to cover the future maintenance and management of the land at Cae Delyn and Maindy by the Council, with no ongoing revenue costs to the Trust which exceed income.

5. The Council is to carry out a review of the governance and financial management arrangements of all trusts of which the Council is a trustee.

6. The provision of an information board on site at Maindy Park to explain the historic use of the site as a Velodrome.

If the Trust agrees with the recommendation, and all six conditions, an application to the Charity Commission seeking their consent for the land exchange will be made. 

If the Trust proposes any changes to the conditions set out by the independent advisory committee, these modifications would be referred back to the advisory committee for them to consider whether the proposed modifications would be in the best interests of the trust. 

Only Cabinet Members who have not had any previous involvement in the Council's development proposals for the Maindy Park land, and do not have any other personal and prejudicial interest, will take part in the decision-making process. All other Cabinet Members will withdraw from the meeting. 

The Maindy Park Trust Advisory Committee is to hold another meeting (within 90 days from the date of its last meeting on 23rd January 2023) to agree the proposed recommended improvements (outlined in condition 3), which may be subject to further public consultation. The Committee agreed, however, that the recommendations made at its January 2023 meeting could be reported to Cabinet before the date of the Committee's further meeting to consider the improvement works. 

Ahead of a decision by the Maindy Park Trust, the recommendations of the Independent Advisory Panel will be considered by the Policy Review and Performance Scrutiny Committee at 12 noon on Wednesday, March 1^st. Papers related to this public scrutiny meeting can be viewed  here  and a live stream of the meeting will be available  here. 

Cardiff Council Cabinet, acting as trustee of the Maindy Park Trust, will take the report on Maindy Park at its public meeting in County Hall at 2pm on Thursday, March 2nd. The meeting's agenda, reports and papers will be available to view closer to the dateherewhere you will also be able to view a live stream of the meeting on the day.