Decision details

Decision details

Disposal of Public Open Space, Braunton

Decision Maker: Strategy and Resources Committee

Decision status: For Determination

Is Key decision?: Yes

Is subject to call in?: No

Decisions:

The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the disposal of public open space to Braunton Parish Council.

 

The Project, Procurement and Open Space Officer highlighted the following issues:

 

·         Proposed site for adoption by Braunton Parish Council as detailed in Appendix 1.  The area of land outlined in red was owned by North Devon Council.  The area of land outlined in blue was currently owned by Tescos however North Devon Council maintained the land.

·         Braunton Parish Council had approached North Devon Council to request the transfer of the public open space within North Devon Council’s control.

·         North Devon Council had engaged with Tesco Superstores regarding the completion of the transfer of public open space.

 

Councillor L. Spear re-declared a personal interest in the item as the Chair of Braunton Parish Council.

 

In response to questions, the Project, Procurement and Open Space Officer advised that Tescos Superstores had stopped engaging with North Devon Council approximately 12 months ago.  In October 2019, North Devon Council sought Tescos view on transferring the Public Open Space directly to Braunton Parish Council rather than NDC.  This request was acknowledged and NDC were advised that they would take instruction, however no reply had been received.  If Tescos were not prepared to engage with NDC then the Council would have no other option but to stop maintaining the open space in Tesco ownership and could pay back the remaining unspent Section 106 revenue contribution. 

 

RESOLVED:

 

(a)

That the placing of a statutory advertisement under section 123 of the Local Government Act 1972, for the disposal of land to Braunton Parish Council, at a nil value for the benefit of the environmental and social wellbeing of the community be approved, for:

 

 

(i)

Land known as Bats Meadow and associated open space, Braunton, and show as red on the Plan as detailed in Appendix 1;

 

(ii)

Land in the ownership of Tesco, Braunton subject to a public open space adoption by NDC, shown as blue on the plan as detailed in Appendix 1;

 

(b)

That the Chief Financial Officer be delegated authority to consider the responses received, and make a decision based on that consideration whether or not to proceed with and carry out that disposal.

 

Report author: Lucy Wheeler

Publication date: 09/06/2020

Date of decision: 04/05/2020

Decided at meeting: 04/05/2020 - Strategy and Resources Committee

Accompanying Documents: