THE Charity Commission — the national regulatory body for charities — has said that its governing document 'simply' does not allow the former WI hall in Kelly Bray to be used as a village hall, but the village hall committee has now lodged an appeal against its decision. The committee has been in a four-year battle to save the hall — which was paid for and built by the Kelly Bray WI and residents — for community use after the folding of the Women's Institute, but the Charity Commission is taking the view that the hall now belongs to the regional WI and should be sold to further the charity's objectives. A spokesperson for the Charity Commission said the case had been considered by a number of its experts who had taken into account the committee's arguments about its need for a village hall but said it was a fundamental of charity law that charitable funds and assets must be applied for the charitable purposes for which they are intended. 'In this case, the charity's governing document simply does not allow the charity's property to be used as a village hall,' said the spokesperson. 'The commission has taken the view that after the charity trustees' membership with the Women's Institute ended, the Cornwall Federation of Women's Institutes (CFWI) trustees assumed the charity trustees' roles and, subsequently, responsibility for managing and administering the charity's property.' The commission spokesperson said they had received an application from the CFWI trustees to make a scheme that would allow the federation to enter into a long lease with the village hall committee at a 'peppercorn' rent that would allow them to use it in exchange for repairing, maintaining and insuring the property, with a portion retained for regular usage to further the WI objectives, but said after reviewing the application that it would not be in the best interest of the CFWI. 'We have been clear to the CFWI that before we can proceed, it needs to demonstrate to us how, having first explored and fully considered all suitable options, disposing of the property for less than full market value is in the best interests of the CFWI charity overall, not the village hall committee. 'It is the responsibility of the CFWI trustees to assure us that such a scheme would be in the best interests of the charity and they have not yet provided us with sufficient information to convince us on this matter. 'As such, our case has now been closed and the management and administration of the charity's property, and the charity as a whole, falls to the CFWI. 'Until such a time as we receive sufficient information to support the scheme application, the CFWI trustees must only use the charity's property to further the WI objectives.' Kelly Bray Village Hall Committee said it had now lodged an appeal against the Charity Commission's decision. It said it had 'faith' in the appeal as the appeal would be heard by a panel of legal experts. A date for the appeal to be heard is yet to be set.