Consultation Questions & Answers
Please find below answers to all questions that have been submitted to Windlesham Field of Remembrance following the Public Consultation for the proposed Rainbow Corner Cabin.
Thank you to everyone who has taken the time to engage with the consultation. The Trustees have worked hard to answer every question submitted and provide clear and transparent responses.
The questions have been ordered by subject area in order to make it easier to follow - note some individual submissions may have been separated and have answers in different sections.
Thank you to everyone who has taken the time to engage with the consultation. The Trustees have worked hard to answer every question submitted and provide clear and transparent responses.
The questions have been ordered by subject area in order to make it easier to follow - note some individual submissions may have been separated and have answers in different sections.
1. Governance
Q: I understand that the proposed cabin will be owned by and used solely by Rainbow Corner and that no other party will have the benefit of its use. As Rainbow Corner is a business their sole use of the cabin will therefore be a fully commercial operation.
I believe this is not in accordance with both the planning consent for the Hub and the declared use of the Field within the Charity Trust Deed.
Uses upon the Field are restricted by the Trust Deed which states that the Field including the pavilion is not to be used other than as “playing fields or for other recreational purposes, to include organised games, sport meetings, shows, fetes, etc”.
The Deed restricts that any pavilion or other outbuildings should be solely used in connection with the permitted uses on the Field.
The Deed also states the Field is to be held as an open space and places of rest recreation and entertainment for the benefit of the inhabitants of Windlesham.
Therefore any decision to permit an independent commercial party solely operating within their own property would be in contravention of the stated purpose for which the Field was acquired and as set out in the Trust Deed.
A: The 1950 Trust Deed establishes:
Clause 1(a), Third Schedule: The property hereby conveyed (herein called "the Trust Premises”) shall be held as an open space and place of rest recreation and entertainment for the benefit of the inhabitants of the Ecclesiastical Parish of Windlesham in the County of Surrey without distinction of sex or political religious or other opinions subject to the provisions of these presents
However, the Deed also grants the Committee of Management discretionary powers to:
Clause 1(e) Third Schedule: The committee of Management may permit such other activities as to them may seem fit and consistent with the enjoyment of the people and children of Windlesham.
Clause13(a), Third Schedule: The moneys standing to the credit of the said Account shall be applied as the Committee shall decide in or towards the erection of Pavilions and/or buildings for the use of any Groundsmen employed in connection with the maintenance and upkeep of the Trust premises or for the construction of amenities for old people and children or of games pitches courts and greens and the erection of fences and also in paying all rent rates taxes insurances and generally in the repair upkeep and improvement of the Trust Premises.
The proposed cabin, used exclusively for early years education, falls within the scope of “amenities… for children” and is governed by a time-limited lease. Legal advice confirms that this arrangement is consistent with the discretionary powers granted to the Trustees under Clause 13(a) and does not conflict with the charitable objectives set out in Clause 1.
The cabin is not a permanent structure and is intended solely for use as an early years education facility, which aligns with the Trust’s purpose of supporting amenities for children. The tenancy agreement will restrict use to this purpose, ensuring compliance with the Trust’s charitable objectives.
The Trust Deed does not prohibit third-party ownership of temporary structures. In this case, the Trustees are granting a lease for a defined area of land, with the tenant responsible for erecting and removing a temporary cabin. The cabin remains the property of the tenant, and the lease includes provisions for removal and restoration of the site. Legal advice confirms that this arrangement does not breach the Trust Deed.
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Q: I feel that the Trustees have gone beyond their remit here, and believe that most villagers will be appalled at the conduct. I request that you make available at the earliest opportunity the trust deed so that villagers have the opportunity to consider the actions of the Trustees and our potential recourse.
A: We understand that this proposal has prompted strong feelings within the community, and we take seriously our responsibility to act transparently and within the scope of our legal obligations.
The 1950 Trust Deed is now publicly available on our website under Our Field - Policies and Trust Deed, and we encourage all residents to review it. To ensure our actions are appropriate, the Trustees have sought independent legal advice from a solicitor with expertise in charitable trust law.
The Trust Deed grants the Committee of Management discretionary powers in several areas. Specifically, and relevantly Clause 1(e), Third Schedule and Clause 13(a), Third Schedule.
The proposed arrangement - a time-limited lease for a removable cabin used exclusively for early years education - falls within these provisions. The Trustees are not transferring ownership of the land or Hub building, and the cabin will remain the responsibility of the tenant. Legal counsel has confirmed that this arrangement is consistent with the Trust’s charitable objectives and governance framework.
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Q: As a resident who lives very close to the field & uses it very frequently, I am concerned about a private business expanding onto green space cherished & used by residents. I think longer opening hours could be more troublesome for parking, not alleviate it & the car park is already used very heavily by nursery customers, which then spills over into the neighbouring roads.
I am also worried that if planning consent is allowed for one private business using the field, what’s to stop others from also expanding & residents completely losing their space. I think a precedent should be set, the Hub takes up enough space, I wouldn’t want to see the field slowly shrink due to further expansions down the line.
A: Rainbow Corner is an established tenant of five years, and this proposal involves a time-limited lease for a removable cabin used exclusively for early years education. The Trustees have sought independent legal advice and are satisfied that the arrangement is consistent with the powers granted under the 1950 Trust Deed—specifically:
Clause 1(e), Third Schedule, and Clause 13(a), Third Schedule. Importantly, this approval does not create a binding precedent. Each application is considered individually, and the Trustees retain full authority to reject future proposals that do not align with the Trust’s charitable objectives or community benefit.
Regarding the parking concerns, the extended opening hours will help to alleviate peak times as there are longer periods of drop off and pick up. The extension of the facility offers up to 12 extra baby places, some of which may be taken by families already attending the facility.
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Q: By providing a commercial business permission to apply for planning on the Field of Remembrance, I feel that the Trustees have gone beyond their remit and it is not appropriate for them to provide this “permission” to a for-profit business that is not reflected in the field’s charter
A: The Trustees are acting within the powers granted to them under the 1950 Trust Deed. Specifically, Clause 1(e), Third Schedule, and Clause 13(a) of the Third Schedule.
In this case, Rainbow Corner - a long-standing tenant providing early years education - has been given permission to apply for planning approval for a temporary cabin that will be used exclusively as an early years education facility. This permission does not confer ownership of the land, nor does it alter the charitable purpose of the Field. The cabin will remain the property and responsibility of the tenant, and its use will be strictly governed by a time-limited tenancy agreement.
The Trustees have also ensured that all costs associated with the planning application—including consultants and submission fees—are being met by Rainbow Corner, not the Trust. Legal advice has confirmed that this arrangement is consistent with the Trust Deed and does not represent a breach of Trustee duties.
I believe this is not in accordance with both the planning consent for the Hub and the declared use of the Field within the Charity Trust Deed.
Uses upon the Field are restricted by the Trust Deed which states that the Field including the pavilion is not to be used other than as “playing fields or for other recreational purposes, to include organised games, sport meetings, shows, fetes, etc”.
The Deed restricts that any pavilion or other outbuildings should be solely used in connection with the permitted uses on the Field.
The Deed also states the Field is to be held as an open space and places of rest recreation and entertainment for the benefit of the inhabitants of Windlesham.
Therefore any decision to permit an independent commercial party solely operating within their own property would be in contravention of the stated purpose for which the Field was acquired and as set out in the Trust Deed.
A: The 1950 Trust Deed establishes:
Clause 1(a), Third Schedule: The property hereby conveyed (herein called "the Trust Premises”) shall be held as an open space and place of rest recreation and entertainment for the benefit of the inhabitants of the Ecclesiastical Parish of Windlesham in the County of Surrey without distinction of sex or political religious or other opinions subject to the provisions of these presents
However, the Deed also grants the Committee of Management discretionary powers to:
Clause 1(e) Third Schedule: The committee of Management may permit such other activities as to them may seem fit and consistent with the enjoyment of the people and children of Windlesham.
Clause13(a), Third Schedule: The moneys standing to the credit of the said Account shall be applied as the Committee shall decide in or towards the erection of Pavilions and/or buildings for the use of any Groundsmen employed in connection with the maintenance and upkeep of the Trust premises or for the construction of amenities for old people and children or of games pitches courts and greens and the erection of fences and also in paying all rent rates taxes insurances and generally in the repair upkeep and improvement of the Trust Premises.
The proposed cabin, used exclusively for early years education, falls within the scope of “amenities… for children” and is governed by a time-limited lease. Legal advice confirms that this arrangement is consistent with the discretionary powers granted to the Trustees under Clause 13(a) and does not conflict with the charitable objectives set out in Clause 1.
The cabin is not a permanent structure and is intended solely for use as an early years education facility, which aligns with the Trust’s purpose of supporting amenities for children. The tenancy agreement will restrict use to this purpose, ensuring compliance with the Trust’s charitable objectives.
The Trust Deed does not prohibit third-party ownership of temporary structures. In this case, the Trustees are granting a lease for a defined area of land, with the tenant responsible for erecting and removing a temporary cabin. The cabin remains the property of the tenant, and the lease includes provisions for removal and restoration of the site. Legal advice confirms that this arrangement does not breach the Trust Deed.
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Q: I feel that the Trustees have gone beyond their remit here, and believe that most villagers will be appalled at the conduct. I request that you make available at the earliest opportunity the trust deed so that villagers have the opportunity to consider the actions of the Trustees and our potential recourse.
A: We understand that this proposal has prompted strong feelings within the community, and we take seriously our responsibility to act transparently and within the scope of our legal obligations.
The 1950 Trust Deed is now publicly available on our website under Our Field - Policies and Trust Deed, and we encourage all residents to review it. To ensure our actions are appropriate, the Trustees have sought independent legal advice from a solicitor with expertise in charitable trust law.
The Trust Deed grants the Committee of Management discretionary powers in several areas. Specifically, and relevantly Clause 1(e), Third Schedule and Clause 13(a), Third Schedule.
The proposed arrangement - a time-limited lease for a removable cabin used exclusively for early years education - falls within these provisions. The Trustees are not transferring ownership of the land or Hub building, and the cabin will remain the responsibility of the tenant. Legal counsel has confirmed that this arrangement is consistent with the Trust’s charitable objectives and governance framework.
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Q: As a resident who lives very close to the field & uses it very frequently, I am concerned about a private business expanding onto green space cherished & used by residents. I think longer opening hours could be more troublesome for parking, not alleviate it & the car park is already used very heavily by nursery customers, which then spills over into the neighbouring roads.
I am also worried that if planning consent is allowed for one private business using the field, what’s to stop others from also expanding & residents completely losing their space. I think a precedent should be set, the Hub takes up enough space, I wouldn’t want to see the field slowly shrink due to further expansions down the line.
A: Rainbow Corner is an established tenant of five years, and this proposal involves a time-limited lease for a removable cabin used exclusively for early years education. The Trustees have sought independent legal advice and are satisfied that the arrangement is consistent with the powers granted under the 1950 Trust Deed—specifically:
Clause 1(e), Third Schedule, and Clause 13(a), Third Schedule. Importantly, this approval does not create a binding precedent. Each application is considered individually, and the Trustees retain full authority to reject future proposals that do not align with the Trust’s charitable objectives or community benefit.
Regarding the parking concerns, the extended opening hours will help to alleviate peak times as there are longer periods of drop off and pick up. The extension of the facility offers up to 12 extra baby places, some of which may be taken by families already attending the facility.
----
Q: By providing a commercial business permission to apply for planning on the Field of Remembrance, I feel that the Trustees have gone beyond their remit and it is not appropriate for them to provide this “permission” to a for-profit business that is not reflected in the field’s charter
A: The Trustees are acting within the powers granted to them under the 1950 Trust Deed. Specifically, Clause 1(e), Third Schedule, and Clause 13(a) of the Third Schedule.
In this case, Rainbow Corner - a long-standing tenant providing early years education - has been given permission to apply for planning approval for a temporary cabin that will be used exclusively as an early years education facility. This permission does not confer ownership of the land, nor does it alter the charitable purpose of the Field. The cabin will remain the property and responsibility of the tenant, and its use will be strictly governed by a time-limited tenancy agreement.
The Trustees have also ensured that all costs associated with the planning application—including consultants and submission fees—are being met by Rainbow Corner, not the Trust. Legal advice has confirmed that this arrangement is consistent with the Trust Deed and does not represent a breach of Trustee duties.
2. Ownership and Lease Arrangements
Q: Who will the cabin belong to, if built?
A: It will belong to Rainbow Corner
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Q: I assume the current lease with Rainbow Corner will be amended and therefore exclude the use of the community space in the Hub.
A: Yes
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Q: How long is the current lease?
Our tenancy agreements run for 4 years and 364 days.
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Q: Will the expiry date be extended to reflect the investment?
A: Yes
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Q: Please confirm that the Trustees are entering to a commercial lease or licence arrangement with Rainbow Corner.
A: Yes
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Q: Please provide details of the term of use of the building such as: the length of the agreement, whether the tenant will be restricted in terms of the use to which the building can be put, whether the business can share the use of the building with other parties or indeed permit any other party exclusive use of the building.
A: Our tenancy agreements run for 4 years and 364 days. An agreement for this cabin will operate within that tenancy timescale. The agreement will restrict use to an early years education facility by this tenant.
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Q: I assume the lease is ring-fenced for RC pre-school child care business? If an outside party took over RC Ltd could they run a totally different business in the premises?
A: The use of the Cabin will be restricted in the tenancy agreement to its use as a Nursery business. The lease will not be transferable.
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Q: What will happen to the cabin when Rainbow Corner’s lease expires if they no longer want to renew? Or indeed if RC go out of business? Will the FoR build in an option for first refusal of purchase before RC remove or dismantle it?
A: The Cabin will remain the property and responsibility of Rainbow Corner and the revised lease will include their obligation to remove the cabin at their cost at the end of the lease or if they were to cease business.
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Q: What are the arrangements for the building at the end of the lease; will the building become the responsibility of the Trust and potentially available for use by the community, or will the business be removing it from site. Does the Trust have discretion as to whether the building is to be retained or removed?
A: At the end of the lease the cabin will be removed at the cost of the tenant.
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Q: What is the anticipated economic life of the building?
A: From the FoR perspective, the length of the lease. From the perspective of Rainbow Corner the cabin is designed to last so provided it is well maintained then it should be standing for at least 20 years plus. The cabin has a 5 year warranty for parts and the EPDM rubber roof has a 20 year guarantee.
A: It will belong to Rainbow Corner
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Q: I assume the current lease with Rainbow Corner will be amended and therefore exclude the use of the community space in the Hub.
A: Yes
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Q: How long is the current lease?
Our tenancy agreements run for 4 years and 364 days.
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Q: Will the expiry date be extended to reflect the investment?
A: Yes
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Q: Please confirm that the Trustees are entering to a commercial lease or licence arrangement with Rainbow Corner.
A: Yes
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Q: Please provide details of the term of use of the building such as: the length of the agreement, whether the tenant will be restricted in terms of the use to which the building can be put, whether the business can share the use of the building with other parties or indeed permit any other party exclusive use of the building.
A: Our tenancy agreements run for 4 years and 364 days. An agreement for this cabin will operate within that tenancy timescale. The agreement will restrict use to an early years education facility by this tenant.
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Q: I assume the lease is ring-fenced for RC pre-school child care business? If an outside party took over RC Ltd could they run a totally different business in the premises?
A: The use of the Cabin will be restricted in the tenancy agreement to its use as a Nursery business. The lease will not be transferable.
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Q: What will happen to the cabin when Rainbow Corner’s lease expires if they no longer want to renew? Or indeed if RC go out of business? Will the FoR build in an option for first refusal of purchase before RC remove or dismantle it?
A: The Cabin will remain the property and responsibility of Rainbow Corner and the revised lease will include their obligation to remove the cabin at their cost at the end of the lease or if they were to cease business.
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Q: What are the arrangements for the building at the end of the lease; will the building become the responsibility of the Trust and potentially available for use by the community, or will the business be removing it from site. Does the Trust have discretion as to whether the building is to be retained or removed?
A: At the end of the lease the cabin will be removed at the cost of the tenant.
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Q: What is the anticipated economic life of the building?
A: From the FoR perspective, the length of the lease. From the perspective of Rainbow Corner the cabin is designed to last so provided it is well maintained then it should be standing for at least 20 years plus. The cabin has a 5 year warranty for parts and the EPDM rubber roof has a 20 year guarantee.
3. Financial and Operational Details
Q: Will the tenant be paying a ‘commercially competitive rent’ – please confirm the amount of additional rent that will be paid for the use of this building and clarify whether this is set at a commercial rate per square foot for the building, or whether it has been calculated in some other way.
A: The FoR have taken advice from a commercial estate agent and concluded that the existing tenancy is a “commercially competitive rent”. The additional facility will operate at the same commercial rate per square metre.
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Q: Will Rainbow Corner be responsible for all outgoings relating to this building (from memory the rent paid for the use of the Hub was calculated as an inclusive hourly rate which was inclusive of rates, utilities and other maintenance costs).
A: Rainbow Corner will be responsible for all outgoings in relation to this cabin.
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Q: Will the utilities be subject to formal sub metering?
A: Yes
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Q: Will Rainbow Corner be responsible for all commercial and business rates relating to this additional building and fully indemnify the Trust against any increases in the Hub outgoings, including Business Rates, which result from the erection of this building.
A: Rainbow Corner will be liable for the Business Rates related to this building
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Q: If the incentive for agreeing to this proposal is the additional income then the Trust should inform the community how much additional net income will be generated and explain why the Trust would be unable to match this annual amount with other fund-raising initiatives.
A: The FoR have taken advice from a commercial estate agent and concluded that the existing tenancy is a “commercially competitive rent”. The additional facility will operate at the same commercial rate per square foot. The expansion will generate additional committed income for WFoR for at least the term of the lease (5 years), representing a significant increase in committed income. The income will support the development and improvement of the Hub, Field and Woodland. This is one of two key reasons for the Trustees in support of the proposal, the second reason: there is an identified need by Surrey for additional childcare places in the Windlesham area. As a community facility we see part of our role is to help meet the needs of the community in this respect.
The current financial climate continues to present significant challenges, particularly in sustaining the day-to-day upkeep of the Field of Remembrance. Traditional sources of support - such as Parish Council contributions and local government grants—have been substantially reduced, and charitable funding streams are increasingly targeted toward capital projects rather than ongoing maintenance.
While improving facilities remains an important part of our remit, much of the Trust’s expenditure is focused on essential maintenance, which rarely qualifies for external funding. At the same time, the committee - though dedicated - does not currently have the volunteer capacity to deliver the scale of additional fundraising events that would be needed to bridge the gap.
In light of this, the contributions made by local organisations and individuals who fundraise on behalf of the Field or who support the Field as a Friend or Patron are especially valued. Their efforts play a vital role in helping us preserve and care for this cherished community space, and we remain immensely grateful for their continued support.
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Q: Rainbow Corner is a limited company that currently has 3 venues from which it operates, there is a risk that it may be taken over by a larger corporate entity or it may be dissolved or go into liquidation. I presume that the liquidators will want to sell that asset and that any new acquirer will have to make a new lease and that the only purpose of the premises will be for nursery activities and that the number of places will be capped by statutory regulation?
A: Any new acquiror will have to agree a new lease.
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Q: I am very concerned that this is the first step to the erosion of the asset (the field) and whilst I appreciate there is a requirement to increase income to properly manage the remaining area I do wonder whether there would be an option for the FOR to take a loan out on the guaranteed income from the lease to buy the Portakabin and lease it back to RN on an enhanced lease with the ability for the FOR to use the facility as and when required outside the normal business hours of the RN.
A: The cabin will be purchased by the tenant it will remain their property.
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Q: It is unclear why the Trustees are supporting this. Looking at the accounts, the field is turning a stable surplus. There is no financial crisis.
A: While the Trust’s accounts reflect a stable financial position, this includes the ongoing requirement to build and maintain a sinking fund associated with the original grants received for the pavilion. This fund is specifically designated to cover future maintenance and repair costs, ensuring the long-term sustainability of the facility.
Beyond the pavilion, the Trustees are responsible for the care and upkeep of approximately 18.5 acres of woodland and open space. Routine maintenance - such as groundskeeping, tree safety, infrastructure repairs, and insurance - represents a significant and recurring cost. These expenses rarely qualify for external grant funding, which is often restricted to capital improvements. In addition to maintaining existing assets, the Trust also has a remit to improve facilities for the benefit of the community.
A: The FoR have taken advice from a commercial estate agent and concluded that the existing tenancy is a “commercially competitive rent”. The additional facility will operate at the same commercial rate per square metre.
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Q: Will Rainbow Corner be responsible for all outgoings relating to this building (from memory the rent paid for the use of the Hub was calculated as an inclusive hourly rate which was inclusive of rates, utilities and other maintenance costs).
A: Rainbow Corner will be responsible for all outgoings in relation to this cabin.
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Q: Will the utilities be subject to formal sub metering?
A: Yes
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Q: Will Rainbow Corner be responsible for all commercial and business rates relating to this additional building and fully indemnify the Trust against any increases in the Hub outgoings, including Business Rates, which result from the erection of this building.
A: Rainbow Corner will be liable for the Business Rates related to this building
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Q: If the incentive for agreeing to this proposal is the additional income then the Trust should inform the community how much additional net income will be generated and explain why the Trust would be unable to match this annual amount with other fund-raising initiatives.
A: The FoR have taken advice from a commercial estate agent and concluded that the existing tenancy is a “commercially competitive rent”. The additional facility will operate at the same commercial rate per square foot. The expansion will generate additional committed income for WFoR for at least the term of the lease (5 years), representing a significant increase in committed income. The income will support the development and improvement of the Hub, Field and Woodland. This is one of two key reasons for the Trustees in support of the proposal, the second reason: there is an identified need by Surrey for additional childcare places in the Windlesham area. As a community facility we see part of our role is to help meet the needs of the community in this respect.
The current financial climate continues to present significant challenges, particularly in sustaining the day-to-day upkeep of the Field of Remembrance. Traditional sources of support - such as Parish Council contributions and local government grants—have been substantially reduced, and charitable funding streams are increasingly targeted toward capital projects rather than ongoing maintenance.
While improving facilities remains an important part of our remit, much of the Trust’s expenditure is focused on essential maintenance, which rarely qualifies for external funding. At the same time, the committee - though dedicated - does not currently have the volunteer capacity to deliver the scale of additional fundraising events that would be needed to bridge the gap.
In light of this, the contributions made by local organisations and individuals who fundraise on behalf of the Field or who support the Field as a Friend or Patron are especially valued. Their efforts play a vital role in helping us preserve and care for this cherished community space, and we remain immensely grateful for their continued support.
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Q: Rainbow Corner is a limited company that currently has 3 venues from which it operates, there is a risk that it may be taken over by a larger corporate entity or it may be dissolved or go into liquidation. I presume that the liquidators will want to sell that asset and that any new acquirer will have to make a new lease and that the only purpose of the premises will be for nursery activities and that the number of places will be capped by statutory regulation?
A: Any new acquiror will have to agree a new lease.
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Q: I am very concerned that this is the first step to the erosion of the asset (the field) and whilst I appreciate there is a requirement to increase income to properly manage the remaining area I do wonder whether there would be an option for the FOR to take a loan out on the guaranteed income from the lease to buy the Portakabin and lease it back to RN on an enhanced lease with the ability for the FOR to use the facility as and when required outside the normal business hours of the RN.
A: The cabin will be purchased by the tenant it will remain their property.
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Q: It is unclear why the Trustees are supporting this. Looking at the accounts, the field is turning a stable surplus. There is no financial crisis.
A: While the Trust’s accounts reflect a stable financial position, this includes the ongoing requirement to build and maintain a sinking fund associated with the original grants received for the pavilion. This fund is specifically designated to cover future maintenance and repair costs, ensuring the long-term sustainability of the facility.
Beyond the pavilion, the Trustees are responsible for the care and upkeep of approximately 18.5 acres of woodland and open space. Routine maintenance - such as groundskeeping, tree safety, infrastructure repairs, and insurance - represents a significant and recurring cost. These expenses rarely qualify for external grant funding, which is often restricted to capital improvements. In addition to maintaining existing assets, the Trust also has a remit to improve facilities for the benefit of the community.
4. Liquidation/End of Tenancy
Q: If the company goes into liquidation there will be a proviso that the FOR will have first refusal of purchasing the asset at ‘market value’ and can then use it as they feel fit in accordance with the constitution?
A: The cabin will remain an asset of the tenant.
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Q: If the FOR does not want the asset then the liquidator will undertake the cost for it removal and to repair the site it occupied to its original condition?
A: The Trust will hold a deposit to ensure the removal of the cabin and reinstatement of the site in the event that the tenant cannot complete that work.
A: The cabin will remain an asset of the tenant.
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Q: If the FOR does not want the asset then the liquidator will undertake the cost for it removal and to repair the site it occupied to its original condition?
A: The Trust will hold a deposit to ensure the removal of the cabin and reinstatement of the site in the event that the tenant cannot complete that work.
5. Planning and Precedent
Q: Considering this is private land owned by the village, would permitted planning set a precedent meaning anyone renting space can request planning?
A: The FoR have given permission for this tenant to apply for Planning Approval at their own considerable cost. Applications for Planning at the FoR can only be made with the express approval of the FoR committee. Such approval in this case does not create a precedent. The Trustees are required to make decisions on a case-by-case basis, taking all of the circumstances of the matter into account and acting in the best interests of the Trust in each case.
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Q: Who is making the planning application? The Trust or the business driving the consultation?
A: The Planning Application is being made by Rainbow Corner. The WFoR committee have agreed that Rainbow Corner are funding the planning consultant and making the application.
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Q: As the land is owned by The Trust, it seems inappropriate for tenants of that trust to be holding a consultation about land which is not theirs.
A: The Management committee of the Windlesham Field of Remembrance are supporting the Public Consultation.
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Q: Would it not be better if the cabin was located along the back (south) fence of the playground?
A: We have considered the siting in both locations and concluded that the proposed site is the best solution.
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Q: I am also concerned that, with the precedent being set, the sporting groups and other tenants will ask for relocatable pavilions to extend their presence on the field.
A: The Trustees approval in this case does not create a precedent. The Trustees are required to make decisions on a case-by-case basis, taking all of the circumstances of the matter into account and acting in the best interests of the Trust in each case.
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Q: The building of a facility for the exclusive use of a private company that they will own is something that has not happened before in the history of the field. It sets a very dangerous precedent and there are all sorts of unknowns about the rights this would confer to the private company.
A: The Trust Deed requires Trustees to act “in the best interests of the inhabitants of Windlesham” and grants them discretion to approve leases and amenities (Third Schedule). Each application is considered individually, and approval of this proposal does not create a binding precedent. The Trustees retain full authority to reject future proposals that do not align with the Trust’s objectives or community benefit.
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A: The FoR have given permission for this tenant to apply for Planning Approval at their own considerable cost. Applications for Planning at the FoR can only be made with the express approval of the FoR committee. Such approval in this case does not create a precedent. The Trustees are required to make decisions on a case-by-case basis, taking all of the circumstances of the matter into account and acting in the best interests of the Trust in each case.
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Q: Who is making the planning application? The Trust or the business driving the consultation?
A: The Planning Application is being made by Rainbow Corner. The WFoR committee have agreed that Rainbow Corner are funding the planning consultant and making the application.
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Q: As the land is owned by The Trust, it seems inappropriate for tenants of that trust to be holding a consultation about land which is not theirs.
A: The Management committee of the Windlesham Field of Remembrance are supporting the Public Consultation.
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Q: Would it not be better if the cabin was located along the back (south) fence of the playground?
A: We have considered the siting in both locations and concluded that the proposed site is the best solution.
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Q: I am also concerned that, with the precedent being set, the sporting groups and other tenants will ask for relocatable pavilions to extend their presence on the field.
A: The Trustees approval in this case does not create a precedent. The Trustees are required to make decisions on a case-by-case basis, taking all of the circumstances of the matter into account and acting in the best interests of the Trust in each case.
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Q: The building of a facility for the exclusive use of a private company that they will own is something that has not happened before in the history of the field. It sets a very dangerous precedent and there are all sorts of unknowns about the rights this would confer to the private company.
A: The Trust Deed requires Trustees to act “in the best interests of the inhabitants of Windlesham” and grants them discretion to approve leases and amenities (Third Schedule). Each application is considered individually, and approval of this proposal does not create a binding precedent. The Trustees retain full authority to reject future proposals that do not align with the Trust’s objectives or community benefit.
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6. Impact on the Community Hub
Q: The proposed location would restrict access to the sheds from the Field which is require for set up of events on the Field. The alternative location would not cause any issues
A: Access to the sheds can continue to be made from Beech Walk which is owned by the FoR.
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Q: Can the Trustees confirm that the addition of this building, which is wholly for commercial use by a single business, will not alter the “village hall” status of the Community Hub and will not have any adverse implications for the future of the Community Hub, in particular, but not exclusively, in respect of VAT.
A: Yes
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Q: What happens in a few more years when Rainbow Corner needs more space?
A: Any future request for additional space by Rainbow Corner - or any other tenant - would be subject to a new application and reviewed independently by the Trustees. The relationship between the Windlesham Field of Remembrance and its tenants is governed by formal tenancy agreements, which set clear limits on use, duration, and permitted activities.
This consultation relates to a specific, time-limited proposal and does not create a binding precedent. The Trustees retain full discretion to approve or decline future proposals based on the Trust’s charitable objectives, the impact on community access, and the legal powers set out in the 1950 Trust Deed.
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Q: The consultation and planning process around the building of the Hub reassured that it was for the benefit of the whole community. Yet, the whole community does not have use of that space. My recollection is that tenants were taken in the first instance to recoup some of the build cost, but this was meant to be a temporary arrangement, so that the Hub could be returned to the community (for which it was built). This new proposal does not honour those arrangements.
A: When the Hub was being built it the Trustees always planned to have commercial tenants (a coffee shop and pre-school/nursery) to pay the significant costs of running the building and creating a sinking fund for its future significant maintenance requirements. Those costs have not changed, nor has the requirement for tenants.
A: Access to the sheds can continue to be made from Beech Walk which is owned by the FoR.
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Q: Can the Trustees confirm that the addition of this building, which is wholly for commercial use by a single business, will not alter the “village hall” status of the Community Hub and will not have any adverse implications for the future of the Community Hub, in particular, but not exclusively, in respect of VAT.
A: Yes
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Q: What happens in a few more years when Rainbow Corner needs more space?
A: Any future request for additional space by Rainbow Corner - or any other tenant - would be subject to a new application and reviewed independently by the Trustees. The relationship between the Windlesham Field of Remembrance and its tenants is governed by formal tenancy agreements, which set clear limits on use, duration, and permitted activities.
This consultation relates to a specific, time-limited proposal and does not create a binding precedent. The Trustees retain full discretion to approve or decline future proposals based on the Trust’s charitable objectives, the impact on community access, and the legal powers set out in the 1950 Trust Deed.
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Q: The consultation and planning process around the building of the Hub reassured that it was for the benefit of the whole community. Yet, the whole community does not have use of that space. My recollection is that tenants were taken in the first instance to recoup some of the build cost, but this was meant to be a temporary arrangement, so that the Hub could be returned to the community (for which it was built). This new proposal does not honour those arrangements.
A: When the Hub was being built it the Trustees always planned to have commercial tenants (a coffee shop and pre-school/nursery) to pay the significant costs of running the building and creating a sinking fund for its future significant maintenance requirements. Those costs have not changed, nor has the requirement for tenants.
7. Consultation
Q: Why hasn’t WFoR committee consulted residents at best or even at worst, asked those that contribute to its funding before giving their blessing?
A: The role of the Windlesham Field of Remembrance Committee in this instance has been to confirm that the proposal falls within the scope of the Trust’s charitable objectives and the powers granted under the 1950 Trust Deed. Specifically, the Deed allows the Committee to grant leases and approve buildings suitable for children (Clause 13(a), Third Schedule), and to support amenities that benefit the inhabitants of Windlesham (Clause 1(e), Third Schedule).
While formal consultation is not a legal requirement at this stage, the Committee recognises the importance of transparency and community engagement. Information has been shared with Friends of the Field and made publicly available, and residents are encouraged to participate in the statutory planning process, where all views will be considered by the local authority.
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Q: When will the Trustees be consulting with the community?
A: The consultation evening is being supported by the Windlesham Field of Remembrance and Trustees will be at the consultation event and supporting the question responses.
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Q: So is it true that the Trustees have made a decision irrespective of public opinion?
A: Please refer to the first press release from October 2024 where it states ‘This initiative has received strong support from the Trustees and Committee, who recognise the value of high-quality childcare facilities in this central village location’. The Trustees have supported the proposal. The next step in the process is the consultation.
Rainbow Corner Cabin - Windlesham Field of Remembrance: Community Owned and Supported
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Q: Why has the consultation been held during prime holiday season?
A: We appreciate the feedback regarding the timing of the consultation evening and understand that August can be a busy month for holidays. While the summer break is spread across several months and there is no formal nationwide closure during this period (aside from the Bank Holiday), August remains a legitimate time for public engagement - as reflected in consultation practices by both Surrey County Council and Surrey Heath Borough Council. To help ensure broader access, the Committee also made the consultation available online, and we remain committed to offering flexible formats wherever possible.
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Q: I am also disappointed at the superficial consultation process. The consultation was announced in prime holiday period (on Facebook!) and seems to have run for less than two weeks! That doesn’t sound like the Trustees are all that interested in hearing villagers’ views. Likewise, it was clear at the event last night that this is not an “open” consultation, as the Trustees have clearly already made up their minds.
A: We appreciate the feedback about the consultation evening's advertising relying too heavily on digital platforms, which may have left some residents feeling overlooked. The Committee offers its apologies for this unintended oversight and will make every effort to use more inclusive communication methods such as printed notices placed around the village in future.
In response to concerns raised about the consultation process, we’d like to emphasise that the Committee gave careful thought to how best to engage with the community—choosing to be open about the proposal and offering opportunities to comment both face-to-face and via email. This approach meant that trustees were well aware of the range and strength of views when making their final decision. We’re grateful to everyone who took the time to share their perspectives, and we remain committed to fostering open, inclusive dialogue as plans continue to evolve.
A: The role of the Windlesham Field of Remembrance Committee in this instance has been to confirm that the proposal falls within the scope of the Trust’s charitable objectives and the powers granted under the 1950 Trust Deed. Specifically, the Deed allows the Committee to grant leases and approve buildings suitable for children (Clause 13(a), Third Schedule), and to support amenities that benefit the inhabitants of Windlesham (Clause 1(e), Third Schedule).
While formal consultation is not a legal requirement at this stage, the Committee recognises the importance of transparency and community engagement. Information has been shared with Friends of the Field and made publicly available, and residents are encouraged to participate in the statutory planning process, where all views will be considered by the local authority.
-----------
Q: When will the Trustees be consulting with the community?
A: The consultation evening is being supported by the Windlesham Field of Remembrance and Trustees will be at the consultation event and supporting the question responses.
-----------
Q: So is it true that the Trustees have made a decision irrespective of public opinion?
A: Please refer to the first press release from October 2024 where it states ‘This initiative has received strong support from the Trustees and Committee, who recognise the value of high-quality childcare facilities in this central village location’. The Trustees have supported the proposal. The next step in the process is the consultation.
Rainbow Corner Cabin - Windlesham Field of Remembrance: Community Owned and Supported
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Q: Why has the consultation been held during prime holiday season?
A: We appreciate the feedback regarding the timing of the consultation evening and understand that August can be a busy month for holidays. While the summer break is spread across several months and there is no formal nationwide closure during this period (aside from the Bank Holiday), August remains a legitimate time for public engagement - as reflected in consultation practices by both Surrey County Council and Surrey Heath Borough Council. To help ensure broader access, the Committee also made the consultation available online, and we remain committed to offering flexible formats wherever possible.
-----------
Q: I am also disappointed at the superficial consultation process. The consultation was announced in prime holiday period (on Facebook!) and seems to have run for less than two weeks! That doesn’t sound like the Trustees are all that interested in hearing villagers’ views. Likewise, it was clear at the event last night that this is not an “open” consultation, as the Trustees have clearly already made up their minds.
A: We appreciate the feedback about the consultation evening's advertising relying too heavily on digital platforms, which may have left some residents feeling overlooked. The Committee offers its apologies for this unintended oversight and will make every effort to use more inclusive communication methods such as printed notices placed around the village in future.
In response to concerns raised about the consultation process, we’d like to emphasise that the Committee gave careful thought to how best to engage with the community—choosing to be open about the proposal and offering opportunities to comment both face-to-face and via email. This approach meant that trustees were well aware of the range and strength of views when making their final decision. We’re grateful to everyone who took the time to share their perspectives, and we remain committed to fostering open, inclusive dialogue as plans continue to evolve.
8. General Points
Q: Will you be looking for feedback from the 'Friends of the field' community?
A: Yes.
A: Yes.
