Minutes:
The Committee considered the undernoted report:
“1.Relevant Background Information
The purpose of this report is to inform and advise the Committee regarding a request from the current owner of land adjoining 35 Brookvale Avenue to construct residential accommodation on a piece of land which had been previously leased to a prior owner of the property to enhance his garden. By way of background information, a copy of two reports from February 2009 and August 2010 are appended.
In February 2009 the Committee received a report which proposed that requests for land for domestic use from private individuals should not be approved unless the land had been declared as surplus to operational requirements. This was approved. However, the report highlighted 3 such requests which were under consideration, at the time. The report sought consent to progress the 3 requests for disposal. One of the requests related to the acquisition of land to the north west of 35 Brookvale Avenue, which adjoins Waterworks Park. The proposed disposal of the land in respect of 35 Brookvale was presented to the Strategic Policy and Resources in August 2010.
The report to Strategic Policy & Resources outlined the terms of the agreement as follows.
· Area for disposal comprises approximately 429 square metres;
· Use of the land will be restricted to open space and to garden use in particular.
· Disposal price agreed at £12,200.
· Purchasers will erect a boundary fence at their own expense along any of the boundaries which are not currently fenced
In addition, the report stated: “The owner states it will be used to enlarge the garden surrounding his house. The proposed restriction on use to open space guards against redevelopment of this portion of the site for housing or other commercial purposes and helps retain a buffer between the park and neighbouring buildings”.
2. Key Issues
The key issue for the Committee to note is that this land was disposed of on the clear understanding that was to be retained as open space and that it was not intended for housing or any other form of commercial development. The change in ownership is irrelevant.
The land concerned was originally created as a buffer area to protect the adjoining house at 35 Broookvale Avenue from anti-social behaviour, the development of a dwelling on this buffer area could result in a future request to the Council to create a further buffer area, thus eroding the space available for public use within the Park.
It is important that the Council maintains a position wherein land disposed off as open space to private individuals should remain so regardless of any change in ownership. To convey consent would set a precedent for all future disposals.
Should the Council have been advised at the time of the disposal that the intention was to construct residential accommodation it is likely that the request would have been declined.
3. Resource Implications
Financial Implications
There are no financial implications at this time.
Human Resource Implications
There are no additional human resource implications.
4. Equality Implications
Equality considerations have not been assessed at this time.
5. Recommendations
The Committee is asked to consider the request and, given the previous decision of the Strategic Policy and Resources, is asked not to support the request.”
The Committee adopted the recommendations.