TRANSFER OF PUBLIC OPEN SPACE LAND SOUTH OF COCKAYNES LANE ALRESFORD, COLCHESTER

May 23, 2025 Assets & Community Safety Portfolio Holder, Leader of the Council and Corporate Finance & Governance Portfolio Holder, Leisure and Public Realm Portfolio Holder (Cabinet member) Awaiting outcome View on council website

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Summary

Assets & Community Safety Portfolio Holder, Leader of the Council and Corporate Finance & Governance Portfolio Holder, Leisure and Public Realm Portfolio Holder decided on 23/05/2025 to transfer open space land to Alresford Parish Council. They agreed to the transfer on the condition that the land is held as a recreational facility for public use without exclusion, cost, or hindrance. Officers will undertake administrative functions to facilitate the transfer and forward the contribution for maintenance.

Full council record

Decision

The Portfolio Holder for Corporate Governance and Portfolio Holder for Leisure and Public Realm and Public Spaces and Portfolio Holder for Assets note the content of this report and agree:
(a)Upon no objection being raised by the Developer/Owner that the Open Space Land as referred to, be transferred to Alresford Parish Council, on the condition that they hold the land as a recreational facility for all members of the public to use at all times without exclusion, cost or hindrance;
(b)consent to the transfer of the Open Space Land directly from the Developer to the Parish Council, in accordance with the intention as set out in Paragraph 3 Schedule 2 of the Section 106 Agreement, relating to the Planning Application, with the Council being a party to the transfer providing such consent;
(c)the authorisation of the Contribution held by the Council to be transferred to the Parish Council on the date of the transfer of the Open Space Land for the specific purposes of maintaining the Open Space Land; and
(d) Officers undertake the necessary administrative functions and activities to facilitate and complete the transfer of the land as proposed and to forward the Contribution to the Parish Council on the date of the transfer in accordance with the Council’s accounting practices.

Reasons for the decision

Consenting to the transfer of the Open Space Land and Contribution or to transfer the Open Space Land and to transfer the Contribution to the Parish Council reduces future work for the Council in terms of work or monitoring the works carried out to the Open Space Land by the Parish Council and keeping financial records relating to the Contribution.

Alternative options considered

1.Not to consent to the transfer of the Open Space Land and the Contribution to the Parish Council. Not proposed. Would incur additional demand on TDC resources.
2.Transferring the Open Space Land to the Parish Council and retaining the Contribution. Not proposed. Transferring the land but retaining the money would be unfair and lead to dispute.

Details

Decision date23 May 2025
Effective from4 May 2025
Subject to call-inYes