Agenda item

To consider the transfer of public open space to Wheatpieces Parish Council  

1.      That the Public Open Space off Starling Road, as outlined in red on the plan appended to the report, be transferred to Wheatpieces Parish Council at nil consideration together with the commuted sum of £74,037.

2.      That the Borough Solicitor be authorised to complete the disposal according to the terms set out in the report, and additionally negotiated by the Finance and Asset Management Group Manager, and such other terms as she considered necessary or advisable in consultation with the Finance and Asset Management Group Manager.

55.1           The report of the Finance and Asset Management Group Manager, circulated at Pages No. 81-85, asked Members to agree to the transfer of the Public Open Space, which was adjacent to the Multi Use Games Area, to Wheatpieces Parish Council.

55.2           The Finance and Asset Management Group Manager explained that the land off Starling Road, Wheatpieces comprised 2.5 hectares of Public Open Space and adjoined the Wheatpieces Multi Use Games Area which was shown outlined in red on the plan attached to the report. The land was currently used as a sports field and for outdoor recreational pursuits by the local community. The Borough Council was responsible for the maintenance of the field and regular grass cutting. The Parish Council had expressed an interest in taking on the ownership of the field to support community sport and recreational activities; the area had already been successfully utilised by the community for fun runs, summer fetes, dog walking and general community activities. In addition, the Parish Council had strong links with Tewkesbury Town Colts Football Club which had expressed an interest in using the site. The club had 21 registered teams, including three all girl teams and a Saturday morning coaching centre for 5-8 year olds, and was growing out of its current site at Tewkesbury School. It was felt that this site could provide an ideal opportunity for the development of youth football in the area. If Members agreed to the transfer of the site the remaining commuted sum could also be transferred for use for maintenance purposes.

55.3           Members were advised that they were being asked to agree to the transfer of the land at nil value and the proposal would mean that the Borough Council no longer had responsibility for ongoing maintenance and management. The Parish Council had met the advertising and valuation costs incurred in order for the Council to comply with the statutory requirements of Section 123(2A) of the Local Government Act 1972 to advertise proposed disposal of Public Open Space in a local paper for a period of two consecutive weeks and to consider any objections to that disposal. In this instance there had been no objections received. A Member indicated that she had recently been involved in a grant application which had seen some opposition from neighbours who did not want to see the facilities of a rugby club extended near to a residential area and she questioned whether the Parish Council had spoken to neighbours about the proposals. In response, the Finance and Asset Management Group Manager advised that he was not aware what the Parish Council had done in respect of contacting neighbours, but Officers were happy to work with the Parish to help allay fears if necessary. A Member indicated that there was a field in Northway which was used by Tewkesbury Town Colts on a ‘pay and play’ basis and this was very successful. She felt that the offer from Wheatpieces Parish Council to take over the area was great as it was fairly expensive to maintain. In terms of changing facilities etc., the Finance and Asset Management Group Manager indicated that early discussions with Tewkesbury Town Colts had indicated that they did not require changing facilities at this stage and, if they did want a permanent home in the area at a future time, they could apply to the Council’s Community Funding Officer.

55.4           In respect of the land itself, a Member questioned how strong the Public Open Space designation was as a categorisation. In response, the Borough Solicitor explained that there was a statutory procedure to be followed if the Council wished to dispose of Public Open Space. If the Borough Council passed it onto the Parish it would include covenants on the land that the Borough Council would require a financial benefit from any future development of it. Members felt that this was absolutely the right thing to do as no one knew what might happen to the land in the future. In terms of play areas, a Member indicated that some Parishes did not want them and she questioned what would happen if the Borough Council did not want to keep them as assets. In response, the Finance and Asset Management Group Manager explained that currently there were eight play areas on the Council’s list but it was set to gain more in coming years. The Council would look to target some for transfer but it was unable to make a Parish take an asset over; it was intended that those that were maintained by the Council would be managed more efficiently than they had been previously.

55.5           Having considered the report, and information received, it was