Decision

Cheveley Pavilion and Recreation Ground Charity

Published 6 July 2015

This decision was withdrawn on

This Regulatory decision has been archived in line with our policy because it’s over 2 years old.

Applies to England and Wales

Cheveley Parish Council, the trustee of the charity, requested the removal of the institution from the register on the grounds that it is not a charity. It produced evidence to suggest that the trust deed was invalid and void, there had been no charitable intention and the Council did not have the power to transfer the land to the charity. If removed, the Parish Council would then hold the land as a non-charitable recreation ground. The Charity Commission decided that it was a charity and should remain on the register.

The commission was asked to review its decision. The reviewer considered that the trust deed created a charitable trust, was valid and is not voidable because of mistake and that the land was validly transferred to the charity. Whilst the commission cannot determine conclusively whether an organisation is charitable, the reviewer formed the view that Cheveley Pavilion and Recreation Ground Charity is a charity and should remain on the register of charities.