Agenda item

            The Director submitted for the Committee’s consideration the undernoted report:

“1  Relevant Background Information

1.1The Strategic Policy and Resources Committee at its meeting on 23rd October, 2009 approved the disposal of a 3 metre wide strip totalling approximately 82 square metres of land adjoining 67 Schomberg Avenue.  The terms of disposal are set out in the extract from the relevant Minute and are clarified in e-mail dated 3rd November, 2009 from the Chief Executive’s Department (copies of which have been circulated).

1.2The main element of debate at committee was whether to permit the construction of a small portion of building on the land being sold and it was agreed that to permit this building would contravene the restriction agreed at the Parks and Leisure Committee of 12th February, 2009 (i.e. that use of the land be restricted to open space and garden use).  Consequently it was agreed that building should not be permitted.  

1.3Members may wish to note that at the 12th February, 2009 meeting Committee had also agreed two similar disposals of land to members of the public.  Both of these were subsequently approved by the Strategic Policy and Resources Committee on the basis of use being restricted to open space/garden use. 

1.4The disposal of the land adjoining 67 Schomberg Avenue has not yet been completed on account of small part (approx. 13 sq metres) having been registered at Land Registry as being owned by DRD Roads Service.  It appears this element of Registration may be erroneous and legal steps are being taken to clarify the matter.

2    Key Issues

2.1Although the disposal of the 82 square metre strip of land has not yet been completed the owner of 67 Schomberg Avenue has proceeded with the following:

(i)      House Extension.  A house extension has been constructed and a small portion of this is on the land which Committee had previously agreed to sell to the owner of 67 Schomberg Avenue.  This is contrary to the decision of the Parks and Leisure Committee of 12th February, 2009 and the Strategic Policy and Resources Committee decision of 23rd October, 2009 which approved disposal of the land on the basis that it was to be retained as open space/garden use only.  The area being sold has already been fenced into the house site.

(ii)     Retaining Wall.  The owner of 67 Schomberg Avenue has levelled his rear garden by excavating a substantial quantity of earth and constructing a retaining wall (over 2 metres in height) close to the rear boundary of his site.  The retaining wall crosses the full width of the 3 metre strip which Committee had agreed to dispose of, plus approximately a further 1.5 metres into Council owned land at Belmont Park.  Parts of the site of 67 Schomberg Avenue are now considerably lower than the surrounding park.  This portion of the Park also borders property in private ownership at 53 Schomberg Avenue and there would be concerns regarding ground stability at the north-west corner of the (No. 53) house site if the retaining wall was removed.

(iii)    Deposit of Spoil.  The garden of 67 Schomberg Avenue formerly rose steeply from the house towards the boundary with No. 53 Schomberg Avenue.  The ground level of the garden has now been reduced by up to two metres to approximately the same level as the ground floor of the house.  The soil and clay removed from the garden of 67 Schomberg Avenue was deposited among trees on adjoining Council land at Belmont Park.  The owner of 67 Schomberg Avenue states that all the spoil has been removed although there appears to be residual deposits affecting trees on Council land.

2.2Photographs.  Appendix 5 contains photographs illustrating the position of former and existing fences, house extension, retaining wall and deposits of spoil.  Further information relating to each photograph is contained in Section 8 of this report.

2.3Options.  Options for dealing with each of the above matters are set out in Appendix 3, which has been circulated for the information of the Members.

3    Resource Implications

3.1Financial

      Financial Implications are included as part of the options consideration in Appendix 3.

3.2Human Resources

      All options will require input from existing resources in Legal Services, Estates Management Unit and Parks and Leisure Department.  Given the nature of potential site works associated with some options these may require engagement of contractors.

3.3       Asset and Other Implications

      Those options which transfer risk associated with land movement to the owner of 67 Schomberg Avenue will require disposal of additional land, however the amount of land can be quantified and the disposal regulated by a legal agreement.  If land ownership is not transferred the risks associated with potential future land movement remain with the council and are not presently quantifiable in financial terms.  The construction of part of the house extension, on land upon which the council had sought to prevent building, is technically a breach of the arrangements previously agreed by committee, however a pragmatic approach could bring a solution which could be to the benefit of all parties.

4    Equality and Good Relations Considerations

4.1No known equality or good relations issues associated with these matters.

5    Recommendations

2.2              Committee is recommended to approve those options which are most likely achievable within a reasonable timeframe and bring reasonable outcomes for both parties, that is:

·         House Extension, Option 1, allow house extension to remain and proceed with disposal of originally proposed area at the previously agreed value of £10,000.

·         Retaining Wall, Option 1, allow the retaining wall to remain and dispose of an additional 41 square metre strip of land for the sum of £2500.

·         Deposit of Spoil, Option 1, provide authority for further discussions between council officers and the owner of 67 Schomberg Avenue, regarding suitable reinstatement, and in the event that agreement cannot be reached regarding reinstatement, to report the outcome of discussions to a future meeting of committee.

      All subject to the approval of the additional land disposal by the Strategic Policy and Resources Committee in accordance with Standing Orders 46 and 60 and incorporation of appropriate terms in a legal agreement to be prepared by Legal Services and subject to completion of the land transaction by the purchaser in accordance with the proposals contained in this report.”

            After discussion, the Committee adopted the recommendations.