A LETTER from the Charity Commission about the Bramshott War Memorial recreation ground has given a new twist to the eviction of The Willows Nursery from the Pavilion building by its trustees, in July.

During a heated public meeting in August, members of the public questioned the decision made by the trustees to immediately evict The Willows from the building they had occupied for 14 years – and for which they had paid rent amounting to £64,000.

Resident Shauna Horsley wrote to the Charity Commission for clarification and received a reply which contradicts the statement made by the trustees over the reasons given for the eviction.

The Charity Commission’s Tony Robinson wrote to Ms Horsley last Friday saying: “You may by now be aware the charity has contacted the commission to establish whether the trustees had the power to grant a lease of the building to a nursery.

“I advised the trustees they could do so assuming that building occupied a very small part of the overall recreation ground and so, by granting such a lease, the charity would still be able to allow the majority of the land to be used for recreational purposes.

“I should point out, as with this reply to you, my response to the trustees was very late and it is clear they do want to offer a lease/ licence to the pre-school, but were unsure whether doing so would be in breach of the charity’s objects.”

Mr Robinson added: “Under charity law, trustees are required to provide copies of the charity’s latest accounts to any person who submits a written request for them. They must comply with such a request within two months from the date of receipt of the request.”

On July 30, the parish council issued a statement saying as the corporate trustee, it had to “comply with charity law and uphold the objects of the trust laid down by the original benefactors.

At a meeting in August, trustee chairman Michael Croucher declined to reveal who had written to the Charity Commission for advice – or to reveal the names of the trustees, who had made the unanimous decision to close and demolish the Pavilion building.

Former parish clerk Tony Groves, who helped to set up the agreement between The Willows, the trustees and the parish council, told The Herald this week: “The letter from the Charity Commission is entirely clear.

“The trustees were advised they could have a lease with The Willows. 

“The building can be used for nursery provision – it would not matter what sort of arrangement was drawn up whether it be a hire agreement, licence, or lease.

“The Charity Commission clearly has no issue with this. The deeds only refer to the land and providing nothing interferes with the use of that land for recreational purposes then there is no issue. 

“In addition, The Willows used the Recreation Ground for the children to play on in accordance with the deeds.

"The parish council and trustees should now start the process to see The Willows Nursery re-instated at the Recreation Ground, and work closely with them to prove their genuine intent over this matter.

“They should help The Willows to effect the necessary repairs to allow them to start operating there again as soon as possible." 

The trustees of the Bramshott War Memorial Recreation Ground were asked to comment on the letter from the Charity Commission but at the time of The Herald going to press, we had not received any comment.

At last week’s Liphook Millennium Centre management committee meeting, chaired by Jane Ives, councillors were still unaware of the reply given by the Charity Commission, when they discussed a request from The Willows for continued use of the Canada Room.

Bramshott and Liphook Parish Council issued the following statement after the meeting: “The LMC agreed to extend the hire period for The Willows nursery school at the end of the academic year – July 2016.

“Furthermore, the committee agreed an extension of the rental amount agreed in August of £31.74 per day, up until February 2016, with the rest of the academic year being charged at a fee of £54 per day, with free use of the kitchen and a small charge for storage (£20 per month).

“This falls well below the fees usually charged at the LMC but the committee were mindful of the current financial situation of the nursery and wanted to support them while they seek alternative premises.

“The committee did not agree to the request for an extension beyond July 2016, as they were of the view that the LMC is a community facility and is currently heavily subsidised by the council tax payer.

“It felt the usage of the centre should be, as far as possible, to the benefit of the community users and having a permanent pre-school housed in one of the most popular rooms does not allow for this.

“It was also felt the layout of the building is not conducive to housing a pre-school, for example, the toilet facilities are not adjacent to the room and there may be some disruption caused to other users.

“The parish council has recently met with the Scout and Guides Hall committee but they are not currently in a position to house a pre-school. The parish council will continue to look for alternatives but would urge any land or property owners to come forward if they have premises which may be suitable for this purpose.”

Councillors revealed the nursery has on average nine children per week coming to the Canada Room.

Willows owners Jackie Finlayson, Jill Cooke and Jannice Bowley pointed out that due to their eviction from the Pavilion building in July, they lost 20 children who had already booked a place for the autumn term, and whose parents had to look for alternative places since Ofsted’s approval for the LMC was not granted until October 19.

The owners felt by extending and annually reviewing The Willows stay at the LMC, the parish council would receive a regular income and the nursery would be able to guarantee parents secure places for their children – as before.

After the decision was made to extend the room hire until the end of July, Mrs Finlayson told The Herald: “We feel reassured the nursery can continue to operate at the Millennium Centre for the rest of the academic year. This will provide us with more time to continue our search for a suitable permanent venue.”