Content

Exemption from publication: There are
confidential appendices to this report, which are exempt by virtue
of paragraph 3 of Schedule 12A of Part 1 of Schedule 12a of the
Local Government Act 1972 because they contain information relating
to the financial or business affairs of any particular person
(including the authority holding that information).

To approve the sale of a parcel of Land owned Freehold by
Buckinghamshire council (0.24 acres) to be transferred to West
Wycombe Estate.

Reasons for the decision

This matter came about during the academy
conversion of The Downley School where an encroachment of land was
discovered. The recommended decision is to deal with the
encroachment is to transfer the encroached land to the neighbouring
owner and current occupier for a nominal fee.

The transfer of the land parcel is the best option as West Wycombe
Estate can proof adverse possession as explained further in the
options analysis below.

Upon transfer, West Wycombe Estate would be responsible for
insuring the Land.

Covenants are inserted into the Transfer deed to ensure fencing,
current permitted use only, non-development, and access for
services. It would be transferred subject to the land being used
only as the current use of equestrian use and erecting show jumps
with no development rights. West Wycombe Estates are to be
responsible for fencing the site with stock proof fencing.

Alternative options considered

Lease the land: It is complicated in this
matter as West Wycombe Estate can show a long period of
uninterrupted use. Thus, arguably, equity in the Land has already
been transferred and the Council has given up title to the Land. It
would also be a very nominal rental value.

West Wycombe Estate acquire the land for no monetary value via
adverse possession: West Wycombe Estate can demonstrate that they
have had uninterrupted use of the Land for more than 10
years.