Purpose

To consider the objections received following
advertisement of the potential disposals of open space under
s123(2A) Local Government Act 1972
 
To determine whether the proposed asset
transfers to Westbury Town Council should continue.

Content

Following consideration of objections to
potential disposals of open space under s123(2A) of the Local
Government Act 1972, I confirm the continuation of the proposed
asset transfers to Westbury Town Council as set out in the
report.
 
This decision was published on 21 January 2025
and will come into effect on 29 January 2025

Reasons for the decision

To support the
decision made by the Leader of the Council on 27 June 2024 to enter
into a Service Devolution and Asset Transfer with Westbury Town
Council and ensure the transfers take place.

Alternative options considered

Not to proceed with
the asset transfers – this will result in the whole Service
Devolution and Asset Transfer process being aborted and will result
in the services being retained by Wiltshire Council. The option is
not being considered. The transfers of the properties will impose
covenants ensuring the continued use of the properties for
community use (the Community Use Covenants), including those
properties that are used as open space.
 
Where any property is
held by Wiltshire Council under either section 164 of the Public
Health Act 1875 or section 10  of the Open Spaces Act 1906, the property
will be freed from the statutory trust under which it is currently
held, but will be transferred subject to the Community Use
Covenants.