A CONTROVERSIAL land swap plan that campaigners have been fighting Cardiff Council over for years has been shelved for now.
Cardiff Council planned to use land at Maindy Park to expand Cathays High School.
As the land is held in trust, with Cardiff Council as its sole trustee, the local authority applied to the Charity Commission in 2023 to carry out a land swap that would see land at Maindy Park exchanged for land at Caedelyn Park in Rhiwbina.
However, the Charity Commission said in a letter sent to opposition Senedd members recently that it has closed its case on the proposed land swap.
The letter states: “You note that Cardiff Council’s application for the land swap is on hold.
“Whilst Cardiff Council (as trustee) has not formally withdrawn its application for the land swap, I can confirm that the Commission has closed its regulatory authority case, and any future proposals from the trustee would need to be submitted in a new application.
“We understand that the newly established sub-committee for trusts will be considering how to proceed, and we have asked to be kept informed.”
Cardiff Council announced in January 2025 that it would drop plans to build a new velodrome at the International Sports Village in Grangetown.
The news came at the same time as the council announcing that it had been offered the opportunity to enter into negotiations for land where the Companies House offices are on Crown Way, and that this could be used as an alternative for the expansion of Cathays High.
However, the council also said that should negotiations with the Government Property Agency (GPA) prove unsuccessful, developing the new school on the Maindy Park site would remain a viable strategy.
A Cardiff Council spokesperson said: “The council is aware of the Charity Commission’s position. As indicated by the report taken to Cabinet in January, the Council (as local authority) has been exploring an opportunity for an alternative option for the school site.
“If it can be secured, this will likely mean the Council will not need to progress with the original land swap proposal.
“Should this alternative option not proceed, it would still be open to the Council to revisit the application with the Charity Commission for consideration, providing any update or supporting information necessary.”
As well as opposing plans to use land at Maindy Park to expand Cathays High, local campaigners complained about the council’s governance of Maindy Park Trust.
One example of their concerns related to land overseen by the trust being used as an overflow car park for Cathays High School.
The council later said that it would relocate the car parking area.
The Charity Commission’s letter stated: “We are aware of concerns about broader governance issues, and plan to explore these matters with the Council (as trustee).
“Your constituents’ call for a new governance model for the charity will be considered as part of our engagement.
“We are unable provide more information at this stage, but we would be happy to write to you with a more substantive update once one is available.”
Community campaigner, Jeremy Sparkes, said: “The Commission has confirmed there is still unfinished business in respect of the wider issues around the Council’s stewardship of the Maindy Park Trust, including but not limited to the admitted breach of trust that has already been made by the Council.
“A low estimate of financial remedy due to the Trust is just over £1/4m and we anticipate hearing further from the Commission about what process will now be followed and who will be representing the Trust in these matters as quite clearly the Council’s internal processes are inadequate for managing this new conflict of interest.”
The newly established sub-committee mentioned by the Charity Commission in its letter to opposition Senedd members refers to Cardiff Council’s new approach to making decisions on charities of which it is the sole trustee.
Cardiff Council’s new approach will involve the creation of two separate committees – a trusts cabinet committee consisting of five cabinet members and an advisory committee consisting of three independent members – and is designed to eliminate any conflict of interest in a decision on trusts.
However, a number of councillors still have concerns about the way it will work and questioned how conflicts of interest will be managed when members are being asked to balance the best interest of a charity and those of the council.
Cardiff Council’s director of governance and legal services, Debbie Marles, told councillors that the new arrangements on trusts were shared with the Charity Commission and that it was “very positive” in its response, “indicating that the arrangements were a positive step forward for the council”.
A Cardiff Council spokesperson said: “The Council has established new governance procedures to ensure that all decisions taken that relate to a trust are taken solely in the best interest of the trust.
“As part of this process, recent decisions relating to trusts have been reviewed and as a result the Council has made arrangements to relocate the school parking to Companies House.
“The Council will co-operate fully with the Charity Commission, should they wish to explore any historic matters related to the Maindy Park Trust further.”
