The Recreation Ground (commonly known as The Rec) is a large open space in the centre of Bath, England, next to the River Avon, which is available to be used by permission from the Recreation Ground Trust for recreational purposes by the public at large but particularly the people of Bath and surrounding areas.The Recreation Ground, Bath - a statement under the Charities Act, Charity Commission, 22 August 2007
About a quarter of the Rec is leased to Bath Rugby during the rugby union season as a sports ground capable of holding 14,500 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 was used by Somerset County Cricket Club until 2011.Cricket Archive Recreation Ground, Bath Parts of the eastern area of the Rec are used by Bath Hockey Club, Bath Croquet Club, Bath Drama Club, Bath Quidditch Club and for 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, accessed via 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. However, 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 as well as the North Parade land were part of the Bathwick Estate, which was owned by the Forester family. In 1894, a lease was granted to the Directors of The Bath and County Recreation Ground Company Limited by Captain G W Forester. This lease allowed work to be carried out on the land which would make it suitable for cricket 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 1894. 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 50-year lease was granted. In the same year, the Grand Stand was replaced with a new West Stand. This was significantly bomb-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.
The Bath Festival of Blues was held at the ground, on 28 June 1969, with bands including Fleetwood Mac and Led Zeppelin performing.Bath Festival, June 1969 & June 1970; Mike Watt; in, Classic rock; Issue 109; August 2007; Future Publications; pp.46–47.
Bath F.C. surrendered their 1933 lease, and were granted a new 75-year 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 in 1975. 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 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 leisure centre's compliance with the use of the land for "open air recreation", and the dominant use of the ground by Bath Rugby to the perceived detriment of wider uses.
On 16 July 2006, Irish vocal pop band Westlife held a concert for their Face to Face Tour supporting their album Face to Face.
Charitable trust status
The Rec was operated by Bath and North East Somerset Council but since 2015 has been owned and operated by The Recreation Ground Trust. The exact legal status was unclear until July 2002, when the High Court 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 andLeisure Centre 17% Croquet Club 9% Tennis Clubs 5% Drama Club 1%
As a result of the court's determination, Bath Rugby's use of the Rec for professional rugby appeared to be 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.Charity Commission Case No: 607825 , Charity Commission, 20 July 2007The Recreation Ground, Bath - Decision Review, Charity Commission, 19 July 2007Hopes grow for rugby at Rec, Bath Chronicle, 24 August 2007 Bath Rugby hold a long running lease to the ground of the old "Flowerpot Stand", but this is not sufficient for professional rugby.Rec Development , Bath Rugby, September/October 2006
In 1975 Bath City Council, the predecessor council, had 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.Commission castigates council over land use , Andy Ricketts, Third Sector, 24 August 2007 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 the Rec in entirety to the Official Custodian for Charities while the council conducts a delayed strategic review, and new plans are agreed and implemented.
The Rec was conveyed for a sum of £11,155 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.
The Trust formed in 2002 is now called the Bath Recreation Limited and is limited by guarantee and registered at Companies House in April 2017.
The battle to keep Bath Rugby at the Recreation Ground
In 2006 the Rugby Football Union (RFU) stated that by 2010 all Premiership rugby clubs would need a spectator capacity of at least 15,000, at a time when the Rec's capacity was 10,300.Bath seek answers on stadium plan, BBC, 14 September 2006. Last accessed 11 November 2006. However, the Professional Game Board reduced the minimum capacity required to 10,000 and this is still the criterion used.
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).Board supports latest rec survey, BBC, 24 March 2007. Last accessed 21 April 2007. 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 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, preferring to stay at the Rec, with Somerdale, Keynsham as a distant 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 the beneficiaries. 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. The scheme consulted on was to swap the Bath Rugby Lambridge training ground for the Rugby Ground at the Rec and to allow the Leisure Centre to remain on open space land.
On 7 July 2011 the Trustees announced the results of the consultation in that 4,000 + responses had been received and 86% were in favour of the land swap to correct the abuse of the usage of the Rugby Club and to change the objects of the Trust to allow the Leisure Centre to remain on open space.
It was announced in the Western Daily Press on 17 August 2012 that "The Charity Commission has agreed in principle to the plans for a land-swap deal, which would allow the club to expand its presence on the city centre site in exchange for its training ground at Lambridge effectively becoming publicly owned."