Questions are still being asked about a ‘land grabbed’ playing field adjacent to St Blasius Academy in Shanklin – with confirmation that the green space is on a 125-year-lease to the school directly from the Isle of Wight Council.
As previously reported by Island Echo, the land was left to be used as a playing field for the school but with the specific proviso that it could be used by any children of junior school age, outside of normal school hours.
However, the field has been completely fenced off, rendering it inaccessible.
After repeated requests to the Council to provide a statement regarding this matter, they have finally come back – after a month – to say:
“The site is under a 125-year lease from the Isle of Wight Council. The school utilise this area for a statutory purpose (i.e. education of children) and therefore have a duty to ensure that the property is protected and kept in a safe and suitable condition at all times.”
However, the local authority did not address the fact that the covenant gives all children of junior school age the right to use the field and that the fencing off of the land has made this impossible.
It would appear that the Isle of Wight Council acquired the land themselves more than 70 years ago from the local Council who held it previously.
Island Echo has seen minutes of a meeting from 1953 when the land was transferred from the local Council to the Isle of Wight Council and, following a difference in opinion between the 2 parties, it appears an agreement was made to amend a clause in the covenant relating to organised groups applying for permission to use the playing field.
The Isle of Wight Council wanted 14 days notice to be provided whereas the local Council recommended that 48 hours notice be given. In the end, it is understood that a compromise was reached for 7 days notice to be given and that ‘permission was not to be unreasonably withheld’.
This same document also explicitly permits ‘children of junior school age whether or not scholars at the Shanklin Church of England School to use the land conveyed as a recreation ground at all times except during normal school hours or when the said land is being used as a playing field by the scholars of the said school provided that such permission may be refused at the sole discretion and judgment of the Purchaser if the weather conditions may lead to undue wear of the playing pitches’.
This seems to have been kept to in the decades that followed but, at some point in the last few years, the fencing has been erected rendering the field inaccessible and breaching the covenant.
In response to Island Echo’s question as to why a fence had been erected, the Diocese of Chichester Academy Trust (DCAT), which runs the school, said that ‘the discretion and judgment regarding the utilisation of the specified land rest with St. Blasius CE Academy’, but did not reference the stipulation of use laid out by the covenant including that ‘permission was not to be unreasonably withheld’.
Safeguarding concerns had also been cited after what DCAT said was ‘a series of unfortunate incidents of significant vandalism targeting the school premises and property.’
Island Echo subsequently asked DCAT what the nature of these incidents of ‘significant vandalism’ were, when the fence had been erected and whether any consultations were held with any interested parties at that time. Despite repeated requests over a considerable period of time, these questions have still not yet been answered.
Instead, a spokesperson for DCAT said:
“Whilst the land is legally owned by the Isle of Wight Council; it falls under the 125 year lease grant to DCAT as part of the academisation process”.
Island Echo has asked both the Isle of Wight Council and DCAT for further clarification as to whether they have an obligation to uphold the terms of the covenant. It is believed that both organisations should be upholding the covenant.
A response is yet to be received…
Yes much like the car park in appely which was left to the people of ryde by its owner the council ripped up the covenant and installed parking meters ! Shame on you…
Some very nasty miserable people in the country now. Taking children’s enjoyment away to satisfy so called grown up egos.
And with no guts to answer simple questions asked from Island Echo.
They should be thoroughly ashamed of themselves.
Thay don’t care what you or I think all they are interested in is money. Especially in brown envelopes
The moral of the story is don’t trust councils, because they do what they want.
Once again the council does what it wants , so we can all ignore covenants can we . They know dam well nothing will be done and they can just sweep it under the carpet as usual.
Nothing wrong with a bit of land grabbing.
Brown envelope usually does the trick
Well done Island Echo for trying to get to the truth on this.
Yet again this hotch potch council of no particular Party colour, who promiced they’d do better by us than the Torys had, have shown they are not better either. Let’s see if the now knew leader does any better