Appeal allowed in Rec row over Bath Rugby expansion plans

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An appeal has been allowed over a ruling which would have restricted the amount of land available to Bath Rugby at The Rec.

The decision banning Bath Rugby from increasing its footprint at its historic home has forced the club to put long-term development of a new stadium on temporary hold.

Instead, it has now applied for planning permission to add extra temporary seating to boost capacity for the next two seasons.

The tribunal judge who made the ruling earlier this year that only the land currently occupied by the club could be used in future has now agreed that the Recreation Ground Trust can try to have the stipulation overturned.

The issue will now go to a higher level charity tribunal, with tribunal judge Peter Hinchcliffe agreeing that there needs to be “a definite determination” of the matter.

The ruling had rejected a key proposal agreed by the Charity Commission to allow Bath Rugby a bigger share of The Rec to develop a 16,000-capacity arena for the 21st century.

Mr Hinchcliffe had been called in after official objections to the watchdog commission’s “scheme” to redraw the rules of the charitable arrangements affecting the city centre area.

His ruling currently means that only the land occupied by the club’s permanent stands and the seasonal temporary East Stand can be included in any new lease.

The trust said: “This means that the club cannot redevelop its ground as planned and the trust will not receive any replacement land or a capital sum in return for a new lease. Without such an arrangement, the trust cannot resolve the breach of charitable trust arising from Bath Rugby’s existing lease.

“The trustees were surprised by the change to the boundaries made by the tribunal. They had worked with the Charity Commission to develop the 2013 scheme which considered future needs and not just past history. The scheme received widespread public support when it was published in November 2013.

“The trustees decided to apply for leave to appeal as they believe the tribunal decision limits their discretion, restricts access to financial resources for investment in recreation and may be based on some errors in law. It leaves the trust in the stalemate position that has prevailed for a number of years.”

Chair of the trustees, Liz Bloor added: “We are pleased to have been granted permission to appeal to the Upper Tribunal as this recognises that there is a case for challenging the decision on legal grounds. The ability of the trustees to manage the Recreation Ground into the future is an important matter of principle which we feel has to be reconsidered. We are currently taking legal advice on the appeal process and will be serving our notice of appeal by June 11.”

Article source: http://uk.eurosport.yahoo.com/news/rugby-league-australian-league-forward-breaks-neck-tackle-013133471--spt.html

Appeal allowed in Rec row over Bath Rugby expansion plans