Purpose

To seek approval for the final area of open
space land on Exeter Street, Bourne, contained within a Section 106
Agreement can be adopted and maintained by the Council going
forward.

Decision

That approval is granted for the acquisition
of a further area of open space land at Exeter Street, Bourne, PE10
9NJ contained within Title Number LL208985.

Reasons for the decision

Adopting the land would mean the Council
taking on the contingent liability for future claim for tree damage
to an adjacent property.
 
Refusing to adopt the land is not considered
to be reasonable and would leave the Council in breach of its
overall obligation to adopt, as contained within the S.106
Agreement.

Alternative options considered

The developer of the Exeter Street development
in Bourne, was obliged, under a Section 106 Agreement dated 19th
December 2001 to transfer the land shown on the site plan to the
Council.
 
The Council completed the transfer of seven
areas of open space in February 2025. The subject land was held
back due to concerns due to a potential contingent liability from
possible tree root damage to an adjacent property.
 
The Council have been approached again by the
developer Barratt & David Wilson Homes North Midlands who have
confirmed that the trees have now been removed, thus taking away
the potential risk of damage to any adjacent properties.
 
Under the terms of the Section 106 Agreement,
the developer was obliged to make a payment of £60,000
towards future maintenance costs for all eight areas of
land.  This sum was paid in full when
the first seven areas of land were adopted.
 
The developers are covering the
Council’s reasonable legal fees in this matter.