Decision details

1. PURPOSE OF THE REPORT

1.1 To present a policy and process for any requests to transfer of title of Huntingdonshire District Council (HDC) owned public open space to another community organisation including but not limited to Town and Parish Councils.

1.2 This report and its recommendations do not cover the disposal/sale of surplus land for other purposes as this is covered by the existing policies that take account of the commercial considerations in such cases:

HDC’s Disposal of Small Land Parcels and Disposal Policy (Appendix D)

HDC’s Acquisitions of Land and Buildings Policy (Appendix E)

1.3 This report does not amend or change any of the requirements of the HDC’s constitution and the delegations set out within it, which must be applied as appropriate to any proposal under consideration.

1.4 This report applies to public open spaces larger than 0.25 acres already owned by HDC.

1.5 Areas of play on public open spaces of more than 0.25 acres will be considered under this policy.

1.6 This report does not set out policy regarding the creation and ownership of public open space created by new developments as this is determined through the planning development process.

The Cabinet received a report by the Assistant Director Strategic Insight and Delivery (a copy of which is appended in the Minute Book) that establishes a Policy for the transfer of public open spaces of more than 0.25 acres owned by the District Council. Play areas contained within public open spaces exceeding 0.25 are included under the Policy. The main points of the discussions on the report may be summarised as follows:

The Cabinet noted that:

v  The policy and process proposed are intended to ensure requests are managed in a consistent, effective, and efficient manner so any opportunities to work collaboratively for better community outcomes are explored. This supports the underlying principles of the Council’s Corporate Plan 2023-2028 based on what the Council and its services can do, enable, or influence to achieve better outcomes.

v  There is no universal definition of public open space, for the purpose of this report and policy the Council refers to Public Open Space as defined in the Town and Country Planning Act 1990 as land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground.

v  Public open spaces are highly valued by the residents of Huntingdonshire and contribute directly to the achievement of priority outcomes in our Corporate Plan. Access to play, recreation and nature within public open spaces are proven to improve the quality of life for local people, improving their happiness and wellbeing. The Council’s Healthy Open Spaces Strategy 2020 recognised and prioritised community driven priorities to maintain and enhance our public open spaces. 95% of those surveyed had visited an open space in the last 12 months, 64% rated open spaces as essential to quality of life and 98% stated open spaces make themselves and other people happy. Public open spaces are also a key part of creating a better Huntingdonshire for future generations and contributing to the Council’s priorities within the Climate Strategy adopted February 2023, lowering carbon emissions, and enhancing nature.

v  The Council’s public open spaces also provide an opportunity to secure Biodiversity Net Gain Units, especially smaller units, which would ensure small developments contribute to local biodiversity net gain, supporting future management costs. The importance of retaining such land and how it is managed is therefore significant.

v  Given the unique nature and complexity of individual sites, their potential future uses, land values and benefits to local communities and nature; transfers of open spaces can be complex. Issues and costs often unique to the site in question. The benefits and outcomes delivered must therefore be satisfied through consideration of a business case and public committee as required.

As a result of discussions on the Chair moved, and it was.

RESOLVED

(a)   that the Transfer of Public Open Spaces Policy as set out in Appendix A of the report now submitted be adopted. The key elements of this are:

  I.  Not to ordinarily seek or pursue the transfer of public open spaces that the Council is responsible for, to ensure the appropriate use of Council resources and that Council remains custodian of public open spaces to be maintained for the benefit of communities and the natural environment, with due regard to the powers under which the land is held; and

  II.  Only pursue any lease or public open space transfer proposal if the costs of doing so are fully met through the requestor as set out in a business case.

(b)   that the Public Open Space Transfer Process as set out in Appendix B of the report now submitted be adopted:

  I.  To enable swift determination of any proposals; and

  II.  To ensure any proposal is screened consistently against the Transfer of Public Open Spaces Policy to ensure it has merit before investing resources in the detailed work required to achieve a transfer.

As outlined in the report.

As outlined in the report.

As outlined in the report.