Agenda item

The Solicitor - Head of Property and Contractspresented a report to the Committee outlining the proposal to appropriate the land within Kennedy park from open space to planning purposes to facilitate the first phase of the Britwell and Haymill Regeneration project, in which existing commercial and housing units required re-siting. Included within the report were several representations from both members of the public and ward councillors. The Committee was advised that Section 122 of the Local Government Act 1972 (“the 1972 Act”) permitted a local authority to appropriate (transfer) its land from one statutory purpose to another where it concluded that the land was no longer required for the former purpose or where it would better meet an alternative purpose.  However, where the land is currently used as open space a local authority could not appropriate it for another purpose until its intention had been publicised in a notice and any objections received to the proposed appropriation had been considered.

Ward Councillors for Britwell and for Haymill outlined several objections to the proposal including:

§  That a pedestrian pathway through Kennedy Park to provide access to the re-sited shops for residents of the Northborough area would be unsafe and therefore not viable.

§  That the consultation held with regard to the Britwell and Haymill regeneration project was flawed as many residents and the Ward Councillors for both the Britwell and Haymill areas were not contacted.

§  That by re-siting the shops the Council was reducing the client base of the shops.

§  That the land with which the Council intended to replace the open space, lost as a result of the proposal, was not fit for purpose.

§  That Kennedy Park is used extensively by residents of all ages and particularly the area identified for appropriation. Further to this, residents would lose the benefit of a large area of open space if the Council replaced the open space elsewhere.

§  That the commitment to replace the lost open space was an aspiration rather than a requirement of the project.

The Commissioner for Neighbourhoods and Renewal advised the Committee that within the detailed planning application the Council would have to evidence that they would be able to replace or improve the open space available to residents but that currently the planning application was at the outline stage. In addition, the Labour group had made a political commitment to replace the open space and that this would be met either in phase 2 of the regeneration project within the cleared central area of the Britwell Estate or by the use of land adjoining Kennedy Park, currently owned by Slough Estates. With regard to the consultation, the survey was carried out by an independent organisation, Beacon Research, and an exhibition held in the existing shops on the Britwell Estate. Over 1500 people were consulted, 1000 of those from the immediate areas of Britwell and Northborough and another 500 people from the wider area. Ward Councillors and residents from Haymill had not formed the focus of the consultation as the area would not be directly affected until phase 2 of the regeneration project.

In the subsequent discussion Members raised a number of issues, including:

·  A Member expressed particular concern regarding the loss of well used open space in an area of deprivation. Further to this, a Member noted that everyone was in favour of the regeneration project and addressing the issues associated with the area, including replacing the lost space. Another Member noted that a tough decision had to be made in order to address the existing problems and that it was vital to ensure that the residents of the estate were in good quality housing.

·  The Commissioner for Environment and Open Space enquired as to whether the existing pathway in Kennedy Park was a legally defined footpath and was advised that it was not adopted but if it had been in use in excess of 20 years it was a prescriptive right of way.

·  A Member raised the concern that the area outlined for appropriation regularly flooded and therefore, may be unsuitable for building upon. The Commissioner for Neighbourhoods and Renewal informed the Committee that groundwater / soak away testing of the area would commence within the next few weeks.

·  With regard to access to the re-sited shops, the Commissioner for Neighbourhoods and Renewal advised that there would be better configuration of bus stops to improve access and that the Council was currently negotiating with First Busses to this avail.

Resolved –

(a)  That the report and subsequent communications received by the Borough Solicitor be noted.

(b)  That Cabinet be advised that the Committee endorsed the proposal to appropriate the land within Kennedy Park from open space to planning purposes and requested that the Council makes every effort to replace the open space within the Britwell and Haymill regeneration project.