Agenda item

To consider the options and issues in respect of a thin strip of land subject to a covenant (referred to as the Green Land) and the disposal of a strip of land to enable access across other land (referred to as the Blue Land) at Longridge, Knutsford.

That, after having considered the objections and representations received as a result of the statutory process of advertising the Council’s intention to dispose of the land identified in the statutory notices (or any part or parts of that land) and after considering the further work undertaken with regard to the viability of allowing access to LPS 38 over the Green land and considering the representations received in this regard, the Council is to proceed with the disposal of all or any part of the Green land and part of the Blue land. Reasonable endeavours are to be used to minimise the Blue land disposed of for the access road. Such disposals are to be subject to planning.

The Portfolio Holder considered the options and issues in respect of a thin strip of land subject to a covenant (referred to as the Green land) and the disposal of a strip of land to enable access across other land (referred to as the Blue land) at Longridge/North Ridge, Knutsford.

Cabinet at its meeting on 10 October 2017 had considered a report exploring the potential for enabling access to a development site at Longridge, Knutsford, known, as LPS38 in the Local Plan. 

Cabinet had resolved that the Executive Director of Place explore further options for facilitating access to the site over the covenanted ‘Green land’ and undertake further consultation on the same whilst concurrently advertise the intention to dispose of public open space land ‘Green land’ and ‘Blue land’ in accordance with the Local Government Act, and that the Portfolio Holder give due consideration to any representations made in response to the advertisement and decide whether or not to dispose of any or all of the ‘green’ or ‘blue’ land.

The Council had published the public open space disposal notices for two consecutive weeks in the local press on 23 November and on 30 November 2017 to confirm its intention to dispose of the land.  A further notice was published with an amended plan on 14 December and 21 December 2017.  In addition the information was made available at the Council Offices in Sandbach and on the Council’s website.  Knutsford Town Council were briefed in relation to the notices.  The draft Portfolio Holder report was published on 17 July 2018 for a period of 28 days to allow an additional opportunity to make further representations.

The report before the Portfolio Holder detailed the following:

The extent of the lands referred to in the decision was defined on the plan at Appendix 4.  The anticipated extent of the land to be disposed of, subject to planning, was indicated by a blue dashed line on Appendix 1 and was indicatively 4% of the blue land shown in Appendix 1.

External legal advice and Counsel advice had been sought in relation to the covenant on the green land and whether access across the land was feasible given the restrictions on the use of the land.  The advice received was that the building of a structure would be a breach of the covenant and that the chance of success at Tribunal to make a change to the covenant was poor.

RESOLVED: 

That, after having considered the objections and representations received as a result of the statutory process of advertising the Council’s intention to dispose of the land identified in the statutory notices (or any part or parts of that land) and after considering the further work undertaken with regard to the viability of allowing access to LPS 38 over the Green land and considering the representations received in this regard, the Council is to proceed with the disposal of all or any part of the Green land and part of the Blue land. Reasonable endeavours are to be used to minimise the Blue land disposed of for the access road.  Such disposals are to be subject to planning.