Council decision that scuppered football club move was breach of contract, club claims
Maidenhead United Football Club has said it is preparing to take legal action for breach of contract after the Royal Borough of Windsor and Maidenhead axed a plan for the club to move to a new ground.
The club's CEO, Jon Adams, said solicitors had been appointed following the council's decision not to dispose of land earmarked for the construction of a new ground.
Speaking to Local Government Lawyer, Adams said the council's decision could hamper the club's expansion, as the facilities are "at capacity" at its current ground.
The football club first approached the council about relocating to Braywick Park just south of the Berkshire town in October 2019.
In a meeting in December 2019, the council's cabinet agreed on the release of the land and delegated authority to its director of place to draft the necessary legal agreements and section 123 report on valuation.
The cabinet then reconsidered the request in November 2020 and agreed to the relocation of the club to the land, subject to the grant of planning consent.
A premium of £460,000 for the land was agreed, and authority was delegated to the director of place to complete the lease negotiation and to undertake the statutory procedure required under s.123(2A) of the Local Government Act 1972 in relation to the disposal of above of any land consisting or forming part of an open space.
The Agreement for Lease was completed on 3 March 2022, leading the council to publish a Public Open Space notice in the local paper. The council received 22 objections to the plan as a result of the notice.
The cabinet then revisited the decision in July 2023, discussed the objections and then unanimously disagreed with the disposal of the open space.
Commenting on the decision at the time, a spokesperson for Maidenhead United Football Club said: "We are shocked by both the decision and the decision-making process which has been implemented, and the failure of the council to fulfil its obligations to the Club and Trust.
"Over the last few weeks, we have been engaged with both officers and members of the council due to the lack of clarity about the decision process. Despite this engagement and the importance of the decision, we were not even invited to speak at the meeting and yet others were afforded the opportunity."
A council spokesperson said: "Cabinet carefully considered the proposed disposal of open space at Braywick Park in July, taking into account the benefits, alongside any negative consequences of loss of public open space, having regard to the objections received.
"After giving full consideration to both sides of this important matter, and receiving a full and detailed report, cabinet decided that the loss of public open space in this location outweighed the potential benefits of leasing to Maidenhead Utd FC. This was a difficult decision, based on significant considerations raised in the public objections."
Adam Carey
