Captain Tom charity 'likely to shut down over finances probe' family lawyer tells spa pool hearing
ITV News' Chloe Keedy reports on the dispute over the Captain Tom Foundation building
The charity set up to honour the memory of Captain Sir Tom could shut down, according to the family's lawyer.
Barrister Scott Stemp was speaking during an appeal hearing against the demolition of a spa block in the Moore's garden.
The charity, set up in May 2020 after Captain Sir Tom Moore's fundraising efforts in the first Covid-19 lockdown, is "unlikely to exist" in future, he said.
The foundation is currently the subject of an investigation by the charity watchdog, amid concerns about its management and independence from Sir Tom's family.
The Charity Commission opened a case into the foundation shortly after the 100-year-old died in 2021, and launched its inquiry in June last year.
Mr Stemp, representing Captain Tom's daughter Hannah Ingram-Moore and her husband Colin, said: "It's not news to anybody that the (Captain Tom) foundation, it seems, is to be closed down following an investigation by the Charity Commission."
His comments during the planning appeal at Central Bedfordshire council came as the Moore family try to save an unauthorised spa pool block built at their home from demolition.
The Moore family are appealing against the demolition order and have been making their case at a one-day hearing in front of a planning inspector.
The hearing heard evidence from neighbours and was shown views of the spa block from their homes, including that of retired credit manager Jilly Bozdogan.
Afterwards, Ms Bozdogan described the building as a "bit of a monstrosity".
"Until this went up it was completely conifers," said the 69-year-old. "I think it's a complete eyesore. I've planted trees to try to block it out."
She said her 99-year-old mother sat in the room looking out on to her garden and "crie[d] most of the time".
The Moores applied in 2021 for permission to build a Captain Tom Foundation Building in the grounds of their home in Marston Moretaine, Bedfordshire.
The L-shaped building was given the green light, but the planning authority refused a subsequent retrospective application in 2022 for a larger C-shaped building containing a spa pool.
Central Bedfordshire Council said in July that an enforcement notice requiring the demolition of the “now-unauthorised building” was issued.
An appeal against the demolition notice was made to the Planning Inspectorate.
Ms Ingram-Moore, her husband and their son Benji sat together behind their four representatives as inspector Diane Fleming, appointed by the Secretary of State, heard the appeal on Tuesday.
The family listened to proceedings in the council chamber of Central Bedfordshire Council in Chicksands, with Mr Ingram-Moore occasionally passing notes forward to his representatives.
Drone pictures show the spa building at the centre of the row
Ms Ingram-Moore, sitting in the middle of the three, occasionally glanced at a tablet computer.
Inspector Ms Fleming said that, when the council issued a demolition notice in November 2022, the C-shaped building, on a disused tennis court, was “substantially complete”.
Chartered surveyor James Paynter, for the appellants, said the scheme had “evolved” to include the spa pool.
“It was felt that a larger building could provide this extra space for this extra facility going forward,” he said.
“The spa pool has the opportunity to offer rehabilitation sessions for elderly people in the area. They want to offer one-to-one sessions, only on a once or twice per week basis.
“They felt this extra limb to create a C-shape was needed to create this facility.”
Richard Proctor, planning enforcement team leader for Central Bedfordshire Council, said: “Yes, the tennis court wasn’t ideal but it was significantly less harmful than the building.
“The original building that was approved was because of public good outweighing harm.”
The inspector noted that the built structure includes a spa pool and “the council say if that balancing exercise was carried out again the balance would be different”.
A document supporting the initial planning application for an L-shaped building said it was to be used partly “in connection with the Captain Tom Foundation and its charitable objectives”.
Barrister Mr Stemp, for the family, said the C-shaped building was unfinished but would have the “appearance of a subservient building”.
He told Ms Fleming: “What you are realistically assessing is the difference between the consented scheme and the as-built scheme.”
Around half a dozen neighbours attended the meeting, with one arguing that the building is “49% bigger than what was consented” and is close to his property, adding: “It’s very brutal.”
In a written appeal statement, Mr Ingram-Moore said the heights of the approved and built buildings “are the same”.
The inspector indicated she would make a site visit, accompanied by representatives for the appellants and for the council.
A written decision is to be published at a later date, weeks after the one-day hearing.
Sir Tom raised £38.9m for the NHS, including Gift Aid, by walking 100 laps of his garden before his 100th birthday at the height of the first national Covid-19 lockdown in April 2020.
He was knighted by the late Queen during a unique open-air ceremony at Windsor Castle in summer 2020.
He died in February 2021.
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