Agenda item

To receive and consider the report of the Chief Executive (enclosed). 

1.     Recommendation approved.

2.     Recommendation approved.

3.     Recommendation approved.

(Councillor Peter Wilson declared a personal interest in this item).

The Executive Leader presented a report updating Members on a report considered in March 2012.  One objection had been received to the disposal of open space as garden extensions from a local dog-walker.

All residents at the location had responded requesting to purchase a parcel of land.  Where a resident had not responded or did not wish to acquire a garden extension neighbouring residents with appropriate access had requested to buy the relevant parcel instead.  A notice advertising the disposal of the open space had been posted on the site and in the local press in order to give any potential objectors the opportunity to object.

Decision made

1.     Progression of the decision (as approved at the Executive Cabinet on the 29 March 2012) to offer the land currently designated as open space to each individual occupier who had expressed an interest.

2.     Progression of the previous authority for the Head of Governance to approve the terms and arrange completion of the sale of each parcel of land; and to approve the terms of a deed of release or modification with Westbury Homes Limited (a dormant subsidiary of Persimmon Homes who own a covenant restricting the use of the land to public open space) and a planning application submitted;

3.     The objection received be noted.

Reason(s) for decision

1.     The sale of the garden extensions would alleviate the problems associated with the public using the land as a walk-through with dogs fouling on the site and alleviate security issues, as previously approved. All residents had responded so there should not be any landlocked gaps left over.

2.     There could potentially be receipts from the sale of the proposed garden extensions and costs as described in the previous report (subject to payment of consideration for release or modification of the open space covenant payable to Westbury Homes).

3.     Chorley Borough Council would no longer be required to maintain this land. This would result in a saving for the Council’s maintenance budget.

Alternative option(s) considered and rejected

The following have already been mentioned in the previous Cabinet Report:

1.     A decision not to allow the parcel to be used for separate garden extensions would result in the land remaining open to the public for a walk-through with its associated safety issues and dog fouling;

2.     Providing a tree wooded was no longer proceeding since the surface water sewer was subsequently not provided in this location and the residents had chosen to request garden extensions.

3.     A Gating Order under the Highways Act was not available as the land was open space rather than a public highway.  Such orders were only possible in relation to public highway.  An alternative “alleygating” scheme to be funded by adjacent residents would involve enclosing the open space with keys provided to residents, the emergency services and United Utilities. This process was not completed by the resident carrying out the canvassing of all the other residents.