Recreation Ground (Bath)
Encyclopedia
The Recreation Ground is a large open space
in the centre of Bath, England
, next to the River Avon
, used for recreational purposes by Bath residents and the public generally.
About a quarter of the Rec is leased to Bath Rugby
during the rugby union
season as a sports ground capable of holding 12,300 people. During the summer the rugby ground's temporary East Stand is removed to make way for cricket on a larger pitch. This cricket pitch is used for local contests and by the Somerset County Cricket Club
for one match a year. Parts of the eastern area of the Rec are used by Bath Hockey Club, Bath Croquet Club, Bath Drama Club and some tennis courts. Pitches are available for amateur sports such as Football, Volleyball and Lacrosse. There is a cricket pavilion
at the William Street entrance to the ground. The council run Sports and Leisure Centre is located on the southern edge of the Rec by North Parade
.
In former years the Rec was subject to periodic flooding from the River Avon, but a flood alleviation scheme in the 1960s improved the flow of the river, although the Rec remains part of the floodplain at risk of occasional flooding. The ground can still get very boggy after heavy rains.
matches, lawn tennis
and archery
tournaments, football matches and all other outdoor sports. As part of this work, a cricket pavilion
was started on the north side of the ground. The first Bath rugby matches were also played on the ground in 1884. Three years later, the ground hosted its maiden first-class cricket
match, with Somerset County Cricket Club
hosting the Gentlemen of Philadelphia
as part of the Bath Cricket Festival. The company's lease was extended for a further 21 years in 1908, at a rent of £100 per year. Fourteen years later, the land was conveyed to The Bath and County Recreation Ground Company Limited for £6,050. The company then conveyed the North Parade Land, including a building which was used as an ice skating rink, to Bath Artcraft Limited for £2,500.
A new lease was granted to Bath F.C.
in 1927, allowing them the use of the land on the west side of ground, along with a Grand Stand, a New (North) Stand and a Pavilion, for a term of 25 years. Six years later, the lease was surrendered, and a new lease granted for 50 years. During the same year, the Grand Stand was replaced with a new West Stand. This West Stand was significantly damaged during the Second World War. Rebuilding of the stand, at a cost in excess of £12,000 was met by the War Damage Commission
in 1953–54. The 'Club Room' building was erected in 1954, to the west of the North Stand, and during the same year a lease was granted to allow a tennis club to use the north east corner of the ground. In 1956, the ground was conveyed to the Mayor Aldermen and the Citizens of the City of Bath (the Corporation) for £11,155.
Bath F.C. surrendered their 1933 lease, and were granted a new 75 lease in 1973. In 1974, both the Recreation Ground and the North Parade Land were transferred to Bath City Council, who erected a Sports and Leisure Centre on the south side of the ground the following year. In 1995, Bath F.C. were granted a further 75 year lease. Doubts over the legal effect of the 1956 Conveyance were settled in 2002, when the High Court
declared the land to become a charitable trust
, with the council as the sole trustee. Following this decision, the Charity Commission
raised issues over the use of the land, questioning the legality of the leisure centre, which does not comply with the use of the land for "open air recreation", and the dominant use of the ground by Bath Rugby
to the detriment of wider uses.
determined that the Rec was held on charitable trusts and the council, as sole Trustee, was charged with maintaining the Rec as an "open space" and "as a recreational facility available for the benefit of the public at large." The terms of the trust specify the Rec should be used for "games and sports of all kinds, tournaments, fetes, shows, exhibitions, displays, amusements, entertainments, or other activities of a like character" and there be no "undue preference to or in favour of any particular game or sport". The trust registered as a charity in November 2002.
As a result of the court’s determination, Bath Rugby
's use of the Rec for professional rugby was inconsistent with the trusts of the Charity. Since then the Charity Commission
has made annual orders authorising the charity to continue the lease to the rugby club of additional land required for premiership rugby
while a permanent solution is sought. Bath Rugby hold a long running lease to the ground of the old "Flowerpot Stand", but this is not sufficient for professional rugby.
In 1975 Bath City Council, the predecessor council, built a Sports and Leisure Centre and car park on the south side of the Rec after taking legal advice that this was consistent with the trust obligations. However following the 2002 High Court determination, the Charity Commission decided this was a breach of trust by the council as Trustee. In 2005 the council renewed Bath Rugby
's temporary lease without the necessary prior consent from the Charity Commission. Consequently in February 2007 the Charity Commission made a protective order vesting all of the Rec in the Official Custodian for Charities while the council conducts a delayed strategic review, and new plans are agreed and implemented.
The Rec was transferred to the City of Bath Corporation in 1956 by the Bath and County Recreation Ground Company, when the company recognised that it could no longer profitably run the Rec. The Rec was transferred under various conditions that created the Charitable Trust status. Additionally earlier conditions from the 1922 transfer from Francis William Forester to the company, preventing any building on the Rec for trade or business that could disturb the neighbourhood, were passed onto the Trust. The company had been formed in 1894, but only obtained full ownership of the Rec in 1922.
(RFU) stated that by 2010 all Guinness Premiership
rugby clubs would need a spectator capacity of at least 15,000, at a time when the Rec's capacity was 10,300.
In March 2007 the council trustee of the Rec received a strategic review showing support for the development of the ground by 64% of respondents to a poll (44% supporting development on the current site of the ground). The council trustee wished to proceed with a development proposal that would allow Bath Rugby Club to lease additional land, to permit the provision of a larger rugby ground. The Charity Commission responded that for any such development to proceed they would need to be fully satisfied that any detriment arising to the Rec's charitable objectives from the proposal would be significantly outweighed by benefits.
Various detailed development proposals were made, but these could not satisfy the Charity Commission's legal need to protect the Rec's charitable objectives.
In June 2009 the Charity Commission again granted permission for the club to continue to use temporary spectator seating on charity land for the 2009/2010 season which together with changes to other seating allowed capacity to increase to 11,700.
In November 2009 the new chief executive of Bath Rugby, Nick Blofeld, stated the club was now seeking a mostly seated stadium for 20,000, with potential for future expansion, containing "restaurants and cafés, hospitality suites, conference facilities and good food and beverage outlets and other potential retail outlets." The club no longer ruled out other sites within Bath, and was considering the option of moving to the Western Riverside Development. However by November 2010 the club had virtually ruled out alternative sites in Bath after detailed investigations, so preferred to stay at the Rec, with Somerdale
, Keynsham
as a second choice.
In July 2010 the Charity Commission again granted permission for the club to continue to use temporary spectator seating on charity land for the 2010/2011 season which together with changes to other seating allowed capacity to increase to 12,300.
In December 2010 the Trustees of the Recreation Ground announced that the Charity Commission "have stated that they believe that the Trust is at a point where it is ready to apply for a new scheme which must be done by 31st March 2011". They also made clear that consultations should take place with Bath residents. In January 2011 the trust delayed the consultation because of "unexpected details that need to be resolved". Negotiations about a possible land swap with Bath Rugby's training facilities at Lambridge are taking place.
The Recreation Ground Trustees held a meeting on 13 April 2011 and agreed to launch the consultation document proposing to put forward a Scheme to the Charity Commission. Basically the Scheme is to swap the Bath Rugby Lambridge training ground into the Recreation Ground Trust for the Rugby Ground at the Rec. This consultation is over 8 weeks and all interested parties are urged to complete the questionnaire at the back of the document or on line. The Proposals can be read here and the questionnaire can be completed here.
and other spectator sports to utilise a new stadium throughout the year, which would increase income and year round usage.
The recent development for land swap concept has been lobbied for by the Real Friends since the idea was raised at the inaugural meeting of the group in January 2009.
Public space
A public space is a social space such as a town square that is open and accessible to all, regardless of gender, race, ethnicity, age or socio-economic level. One of the earliest examples of public spaces are commons. For example, no fees or paid tickets are required for entry, nor are the entrants...
in the centre of Bath, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, next to the River Avon
River Avon, Bristol
The River Avon is an English river in the south west of the country. To distinguish it from a number of other River Avons in Britain, this river is often also known as the Lower Avon or Bristol Avon...
, used for recreational purposes by Bath residents and the public generally.
About a quarter of the Rec is leased to Bath Rugby
Bath Rugby
Bath Rugby is an English professional rugby union club that is based in the city of Bath. They play in the Aviva Premiership league...
during the rugby union
Rugby union
Rugby union, often simply referred to as rugby, is a full contact team sport which originated in England in the early 19th century. One of the two codes of rugby football, it is based on running with the ball in hand...
season as a sports ground capable of holding 12,300 people. During the summer the rugby ground's temporary East Stand is removed to make way for cricket on a larger pitch. This cricket pitch is used for local contests and by the Somerset County Cricket Club
Somerset County Cricket Club
Somerset County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Somerset...
for one match a year. Parts of the eastern area of the Rec are used by Bath Hockey Club, Bath Croquet Club, Bath Drama Club and some tennis courts. Pitches are available for amateur sports such as Football, Volleyball and Lacrosse. There is a cricket pavilion
Cricket pavilion
A cricket pavilion is a pavilion at a cricket ground. It is the main building within which the players usually change in dressing rooms and which is the main location for watching the cricket match for members and others...
at the William Street entrance to the ground. The council run Sports and Leisure Centre is located on the southern edge of the Rec by North Parade
North Parade, Bath
North Parade in Bath, Somerset, England is a historic terrace built around 1741 by John Wood, the Elder. Several of the houses have been designated as Grade I listed buildings....
.
In former years the Rec was subject to periodic flooding from the River Avon, but a flood alleviation scheme in the 1960s improved the flow of the river, although the Rec remains part of the floodplain at risk of occasional flooding. The ground can still get very boggy after heavy rains.
History
In the early part of the 1890s, the land on which the Recreation Ground now lies on, and the North Parade land were part of the Bathwick Estate, which was owned by the Forester family. In 1894, a lease was granted by Captain GW Forester to the Directors of The Bath and County Recreation Ground Company Limited. This lease allowed work to be carried out on the land which would make it suitable for cricketCricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
matches, lawn tennis
Tennis
Tennis is a sport usually played between two players or between two teams of two players each . Each player uses a racket that is strung to strike a hollow rubber ball covered with felt over a net into the opponent's court. Tennis is an Olympic sport and is played at all levels of society at all...
and archery
Archery
Archery is the art, practice, or skill of propelling arrows with the use of a bow, from Latin arcus. Archery has historically been used for hunting and combat; in modern times, however, its main use is that of a recreational activity...
tournaments, football matches and all other outdoor sports. As part of this work, a cricket pavilion
Cricket pavilion
A cricket pavilion is a pavilion at a cricket ground. It is the main building within which the players usually change in dressing rooms and which is the main location for watching the cricket match for members and others...
was started on the north side of the ground. The first Bath rugby matches were also played on the ground in 1884. Three years later, the ground hosted its maiden first-class cricket
First-class cricket
First-class cricket is a class of cricket that consists of matches of three or more days' scheduled duration, that are between two sides of eleven players and are officially adjudged first-class by virtue of the standard of the competing teams...
match, with Somerset County Cricket Club
Somerset County Cricket Club
Somerset County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Somerset...
hosting the Gentlemen of Philadelphia
Philadelphian cricket team
The Philadelphian cricket team was a team that represented Philadelphia in first-class cricket between 1878 and 1913. Even with the United States having played the first ever international cricket match against Canada in 1844, the sport began a slow decline in the country. This decline was...
as part of the Bath Cricket Festival. The company's lease was extended for a further 21 years in 1908, at a rent of £100 per year. Fourteen years later, the land was conveyed to The Bath and County Recreation Ground Company Limited for £6,050. The company then conveyed the North Parade Land, including a building which was used as an ice skating rink, to Bath Artcraft Limited for £2,500.
A new lease was granted to Bath F.C.
Bath Rugby
Bath Rugby is an English professional rugby union club that is based in the city of Bath. They play in the Aviva Premiership league...
in 1927, allowing them the use of the land on the west side of ground, along with a Grand Stand, a New (North) Stand and a Pavilion, for a term of 25 years. Six years later, the lease was surrendered, and a new lease granted for 50 years. During the same year, the Grand Stand was replaced with a new West Stand. This West Stand was significantly damaged during the Second World War. Rebuilding of the stand, at a cost in excess of £12,000 was met by the War Damage Commission
War Damage Commission
The War Damage Commission was a body set up by the British Government under the War Damage Act 1941 to pay compensation for war damage to land and buildings throughout the United Kingdom...
in 1953–54. The 'Club Room' building was erected in 1954, to the west of the North Stand, and during the same year a lease was granted to allow a tennis club to use the north east corner of the ground. In 1956, the ground was conveyed to the Mayor Aldermen and the Citizens of the City of Bath (the Corporation) for £11,155.
Bath F.C. surrendered their 1933 lease, and were granted a new 75 lease in 1973. In 1974, both the Recreation Ground and the North Parade Land were transferred to Bath City Council, who erected a Sports and Leisure Centre on the south side of the ground the following year. In 1995, Bath F.C. were granted a further 75 year lease. Doubts over the legal effect of the 1956 Conveyance were settled in 2002, when the High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
declared the land to become a charitable trust
Charitable trust
A charitable trust is an irrevocable trust established for charitable purposes, and is a more specific term than "charitable organization".-United States:...
, with the council as the sole trustee. Following this decision, the Charity Commission
Charity Commission
The Charity Commission for England and Wales is the non-ministerial government department that regulates registered charities in England and Wales....
raised issues over the use of the land, questioning the legality of the leisure centre, which does not comply with the use of the land for "open air recreation", and the dominant use of the ground by Bath Rugby
Bath Rugby
Bath Rugby is an English professional rugby union club that is based in the city of Bath. They play in the Aviva Premiership league...
to the detriment of wider uses.
Charitable trust status
The Rec is operated by Bath and North East Somerset Council. However the exact legal status was unclear until July 2002, when the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
determined that the Rec was held on charitable trusts and the council, as sole Trustee, was charged with maintaining the Rec as an "open space" and "as a recreational facility available for the benefit of the public at large." The terms of the trust specify the Rec should be used for "games and sports of all kinds, tournaments, fetes, shows, exhibitions, displays, amusements, entertainments, or other activities of a like character" and there be no "undue preference to or in favour of any particular game or sport". The trust registered as a charity in November 2002.
| Land usage of the Rec in 2007 | |
|---|---|
| Open Space | 41% |
| Rugby Club (in season) |
27% |
| Council Sports and Leisure Centre |
17% |
| Croquet Club | 9% |
| Tennis Clubs | 5% |
| Drama Club | 1% |
As a result of the court’s determination, Bath Rugby
Bath Rugby
Bath Rugby is an English professional rugby union club that is based in the city of Bath. They play in the Aviva Premiership league...
's use of the Rec for professional rugby was inconsistent with the trusts of the Charity. Since then the Charity Commission
Charity Commission
The Charity Commission for England and Wales is the non-ministerial government department that regulates registered charities in England and Wales....
has made annual orders authorising the charity to continue the lease to the rugby club of additional land required for premiership rugby
Guinness Premiership
The English Premiership, also currently known as the Aviva Premiership because of the league's sponsorship by Aviva, is a professional league competition for rugby union football clubs in the top division of the English rugby system. There are twelve clubs in the Premiership...
while a permanent solution is sought. Bath Rugby hold a long running lease to the ground of the old "Flowerpot Stand", but this is not sufficient for professional rugby.
In 1975 Bath City Council, the predecessor council, built a Sports and Leisure Centre and car park on the south side of the Rec after taking legal advice that this was consistent with the trust obligations. However following the 2002 High Court determination, the Charity Commission decided this was a breach of trust by the council as Trustee. In 2005 the council renewed Bath Rugby
Bath Rugby
Bath Rugby is an English professional rugby union club that is based in the city of Bath. They play in the Aviva Premiership league...
's temporary lease without the necessary prior consent from the Charity Commission. Consequently in February 2007 the Charity Commission made a protective order vesting all of the Rec in the Official Custodian for Charities while the council conducts a delayed strategic review, and new plans are agreed and implemented.
The Rec was transferred to the City of Bath Corporation in 1956 by the Bath and County Recreation Ground Company, when the company recognised that it could no longer profitably run the Rec. The Rec was transferred under various conditions that created the Charitable Trust status. Additionally earlier conditions from the 1922 transfer from Francis William Forester to the company, preventing any building on the Rec for trade or business that could disturb the neighbourhood, were passed onto the Trust. The company had been formed in 1894, but only obtained full ownership of the Rec in 1922.
Future of Bath Rugby Club at the Rec
In 2006 the Rugby Football UnionRugby Football Union
The Rugby Football Union was founded in 1871 as the governing body for the sport of rugby union, and performed as the international governing body prior to the formation of the International Rugby Board in 1886...
(RFU) stated that by 2010 all Guinness Premiership
Guinness Premiership
The English Premiership, also currently known as the Aviva Premiership because of the league's sponsorship by Aviva, is a professional league competition for rugby union football clubs in the top division of the English rugby system. There are twelve clubs in the Premiership...
rugby clubs would need a spectator capacity of at least 15,000, at a time when the Rec's capacity was 10,300.
In March 2007 the council trustee of the Rec received a strategic review showing support for the development of the ground by 64% of respondents to a poll (44% supporting development on the current site of the ground). The council trustee wished to proceed with a development proposal that would allow Bath Rugby Club to lease additional land, to permit the provision of a larger rugby ground. The Charity Commission responded that for any such development to proceed they would need to be fully satisfied that any detriment arising to the Rec's charitable objectives from the proposal would be significantly outweighed by benefits.
Various detailed development proposals were made, but these could not satisfy the Charity Commission's legal need to protect the Rec's charitable objectives.
In June 2009 the Charity Commission again granted permission for the club to continue to use temporary spectator seating on charity land for the 2009/2010 season which together with changes to other seating allowed capacity to increase to 11,700.
In November 2009 the new chief executive of Bath Rugby, Nick Blofeld, stated the club was now seeking a mostly seated stadium for 20,000, with potential for future expansion, containing "restaurants and cafés, hospitality suites, conference facilities and good food and beverage outlets and other potential retail outlets." The club no longer ruled out other sites within Bath, and was considering the option of moving to the Western Riverside Development. However by November 2010 the club had virtually ruled out alternative sites in Bath after detailed investigations, so preferred to stay at the Rec, with Somerdale
Somerdale Factory
Somerdale was a chocolate factory located in Keynsham near Bristol in south west England. It was the home of a Cadbury plc's production facility, and was originally built by the Fry family when they expanded through consolidation of a number of existing facilities located in the centre of...
, Keynsham
Keynsham
Keynsham is a town and civil parish between Bristol and Bath in Somerset, south-west England. It has a population of 15,533.It was listed in the Domesday Book as Cainesham, which is believed to mean the home of Saint Keyne....
as a second choice.
In July 2010 the Charity Commission again granted permission for the club to continue to use temporary spectator seating on charity land for the 2010/2011 season which together with changes to other seating allowed capacity to increase to 12,300.
In December 2010 the Trustees of the Recreation Ground announced that the Charity Commission "have stated that they believe that the Trust is at a point where it is ready to apply for a new scheme which must be done by 31st March 2011". They also made clear that consultations should take place with Bath residents. In January 2011 the trust delayed the consultation because of "unexpected details that need to be resolved". Negotiations about a possible land swap with Bath Rugby's training facilities at Lambridge are taking place.
The Recreation Ground Trustees held a meeting on 13 April 2011 and agreed to launch the consultation document proposing to put forward a Scheme to the Charity Commission. Basically the Scheme is to swap the Bath Rugby Lambridge training ground into the Recreation Ground Trust for the Rugby Ground at the Rec. This consultation is over 8 weeks and all interested parties are urged to complete the questionnaire at the back of the document or on line. The Proposals can be read here and the questionnaire can be completed here.
Real Friends of the Rec
A local interest group called the Real Friends of the Rec was formed in December 2008 to lobby for the building of an all purpose sports and cultural arena at the Rec. They hope to encourage Somerset County Cricket ClubSomerset County Cricket Club
Somerset County Cricket Club is one of the 18 major county clubs which make up the English and Welsh domestic cricket structure, representing the historic county of Somerset...
and other spectator sports to utilise a new stadium throughout the year, which would increase income and year round usage.
The recent development for land swap concept has been lobbied for by the Real Friends since the idea was raised at the inaugural meeting of the group in January 2009.