Decision details

Crewe Town Council was formed in April 2013 and in accordance with the Local Government (Parishes and Parish Councils) (England) Regulations 2008 it made an application to the Land Registry for the statutory vesting of 11 allotment sites which fell within its administrative area, with effect from 1 April 2013.

The Land Registry accepted the application and registered all 11 sites into the freehold ownership of Crewe Town Council but only 2 of the sites registered were allotment land only, the remaining 9 sites were both allotment and other land and as such did not automatically vest in Crewe Town Council on the date it was created.

Authority is now sought to rectify the ownership of the remaining 9 allotment sites back into the freehold ownership of Cheshire East Council and to immediately thereafter ratify the transfer of the Freehold of the 9 allotment sites, as set out in Appendix 1 of the report. 

In addition it was proposed that the transfers also deal with amendments in terms of agreed sites boundaries, rights of access and other rights and reservations necessary, set out in paragraph 2 of Appendix 1 of the report, to Crewe Town Council as part of the Local Service Delivery Transfer and Devolutions to Town and Parish Councils process.

1.    That approval be given to the rectification of the 9 allotment sites, set out in paragraph 2 of Appendix 1 of the report, from Crewe Town Council to Cheshire East Council, which will be formalised by way of a Settlement Agreement and Consent Order made between Cheshire East Council and Crewe Town Council. 

2.    That authority be given, following the above rectification, to formally transfer the freehold title to the 9 allotments sites to Crewe Town Council and to deal with any other legal documentation required to formalise this agreement.