Your Councillors


Communities, Housing and Environment Committee

12 November 2019

 

Request for Village Green application

 

Final Decision-Maker

Policy & Resources Committee

Lead Head of Service

Director of Finance and Business Improvement

Lead Officer and Report Author

Corporate Property Manager

Classification

Public

Wards affected

Boxley

 

 

Executive Summary

On 18 June 2019 a petition was presented to this Committee requesting that the Council apply to Kent County Council (the Commons Registration Authority) for Weavering Heath to be registered as a Village Green. Following debate the Committee resolved that a full report on the options available be prepared for the appropriate Committee.

 

 

This report makes the following recommendations to this Committee:

1.   That Members refer the petitioners’ request to Policy & Resources Committee.

 

 

 

Timetable

Meeting

Date

Communities Housing and Environment Committee

12 November 2019

Policy and Resources Committee

4 December 2019



Request for Village Green application

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

The Safe, Clean and Green corporate priority is relevant but there is no incremental impact as Weavering Heath is held as public open space.

Corporate Property Manager

Cross Cutting Objectives

As for corporate priorities.

 

Corporate Property Manager

Risk Management

Covered in the risk section of the report.

 

Corporate Property Manager

Financial

No implications at this stage.

 

Section 151 Officer & Finance Team

Staffing

No implications at this stage.

 

Corporate Property Manager

Legal

The council has a discretion as owner of the land to apply to register the land as a village green under s15 (8) of the Commons Act 2006.   It is a discretion not a duty and the decision will be made by Policy and Resources Committee having considered relevant factors.

Legal Team

Privacy and Data Protection

No implications.

 

Corporate Property Manager

Equalities

No implications.

Corporate Property Manager

Public Health

 

 

No implications.

Corporate Property Manager

Crime and Disorder

No implications.

Corporate Property Manager

Procurement

No implications.

Corporate Property Manager

 

 

 

 

2.        INTRODUCTION AND BACKGROUND

 

2.1     As part of the development of Grove Green a section 52 Planning Agreement, (previous version of current s106), was signed on 30 March 1982. As part of that agreement the owners of the land, now known as Weavering Heath, transferred ownership of it to Maidstone Borough Council.

 

2.2     The land was transferred subject to necessary easements and rights and subject to a covenant in favour of the owners that the land be used by the Council for no purpose whatsoever other than as a public space.

 

2.3     This has continued from 1982 to date and is required by the transfer covenant to continue until 30 March 2062.

 

2.4     On 18 June 2019 a petition was presented to this Committee requesting   that the Council approach KCC to register Weavering Heath as a Village Green. Following some debate the Committee resolved that a full report on the options available be prepared for the appropriate Committee.

 

2.5     Under the Council’s Constitution, the Policy and Resources Committee is responsible for making decisions regarding land and property.  This report therefore recommends that the matter is referred to Policy & Resources Committee.

 

 

 

 

3         AVAILABLE OPTIONS

 

3.1     Option 1 – Take no further action.

 

3.2     Option 2 – Refer the matter to the appropriate Committee

 

 

 

 

4         PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     Option 2 – Refer the matter to the appropriate Committee.  This conforms with the Council’s constitution and allows the petition to be dealt with.

 

 

5         RISK

 

5.1     It is recommended that risk is considered by Policy & Resources Committee.

 

 

 

6         CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

 

6.1     This matter arose following a local petition.

 

 

7         NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

 

7.1     This report recommends that the matter is referred to Policy & Resources Committee.

 

 

 

8         REPORT APPENDICES

 

None.

 

 

9         BACKGROUND PAPERS

 

None.