Hillingdon Council Cabinet Member and Officer Decisions
Appropriation of Land and Consent to Dispose of Green Belt Lane at Hillingdon Court Park Pavilion, Parkway, Hillingdon
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Democratic Services Location: Phase II Ext: 7655 DDI: 01895 277655 CMD No: 682 To: COUNCILLOR IAN EDWARDS THE LEADER OF THE COUNCIL COUNCILLOR JONATHAN BIANCO CABINET MEMBER FOR PROPERTY, HIGHWAYS & TRANSPORT c.c. All Members of th e Property, Highways & Transport Select Committee c.c. Julia Thompson – Place Directorate c.c. Perry Scott – Corporate Director of Place Date: 27 January 2023 Non-Key Decision request Form D APPROPRIATION OF LAND AND CONSENT TO DISPOSE OF GREEN BELT LAND AT HILLINGDON COURT PARK PAVILION PARKWAY HILLINGDON Dear Cabinet Member Attached is a report requesting that a decision be made by you as an individual Cabinet Member. Democratic Services confirm that this is not a key decision, as such, the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 notice period does not apply. You should take a decision on or after Monday 6 February 2023 in order to meet Constitutional requirements about publication of decisions that are to be made. You may wish to discuss the report with the Corporate Director before it is made. Please indicate your decision on the duplicate memo supplied, and return it to me when you have made your decision. I will then arrange for the formal notice of decision to be published. Anisha Teji Democratic Services Officer Title of Report: Appropriation Of Land And Consent To Dispose Of Green Belt Land At Hillingdon Court Park Pavilion Parkway Hillingdon Decision made: Reasons for your decision: (e.g. as stated in report) Alternatives considered and rejected: (e.g. as stated in report) Signed ……………………………………………………… Date…………………….. Leader of the Council/ Cabinet Member for Property, Highways & Transport Cabinet Member Report – 27 January 2023 Part 1 – Public APPROPRIATION OF LAND AND CONSENT TO DISPOSE OF GREEN BELT LAND AT HILLINGDON COURT PARK PAVILION PARKWAY HILLINGDON Cabinet Member(s) Cllr Ian Edwards Cllr Jonathan Bianco Cabinet Portfolio(s) The Leader of the Council Cabinet Member for Property Highways & Transport Officer Contact(s) Julia Thompson – Place Directorate Papers with report None HEADLINES Summary This reports seeks final approval to appropriate the land that is held as open space to planning purposes after consideration of the objections and responses received. Also to proceed to apply to the Secretary of State for release of land in the Green Belt. Putting our Residents First Delivering on the Council Strategy 2022-2026 This report supports our ambition for residents / the Council of: An efficient, well-run, digital-enabled council working with partners to deliver services to improve the lives of all our residents This report supports our commitments to residents of: A Green and Sustainable Borough Putting our Residents First This report supports the following Council objectives of: Our Built Environment and Strong financial management. Financial Cost There are no direct financial costs. The appropriation will enable the site to be disposed realising a capital receipt to the General Fund. Relevant Select Committee Property, Highways and Transport Select Committee Relevant Ward(s) Hillingdon East Cabinet Member Report – 27 January 2023 Part 1 – Public RECOMMENDATIONS That the Leader of the Council and the Cabinet Member for Property , Highway and Transport, in consultation with the Corporate Director of Place agrees to: 1. A ppropriate the open space l and at the site at Hillingdon Court Park Pavillion, Parkway, Hillingdon (the Land). T he Land to be appropriated from open space to planning purposes under section 122 of The Local Government Act 1972. 2. Agrees to proceed to apply to the Secretary of State for Levelling Up Housing and Communities for consent to dispose of part of the Land that is held as Green Belt, the land is shown for identification purposes only coloured green on the site plan in Appendix A. 3. Authorises the method of disposal as a freehold sale rather than leasehold with an option to sell the freehold for £1 Reasons for recommendations Following the receipt of objections and responses, the Corporate Director of Place is now recommending the matter set out in this report to the Leader of the Council and Cabinet Member for Property, Highways and Transport and to make a formal decision on. Although part of the Land on the west of the site was acquired for cricket, football or other games and recreation, it should be noted that the site was previously developed for a Pavilion with hardstanding and car parking. The Land had previously been leased for use as a sports pavilion, but the building has been unused for several years following the surrender of the lease by the previous tenant. The property is currently vacant, and it is proposed to appropriate t he Land to planning purposes and for the Land to be redeveloped for housing purposes. Alternative options considered / risk management The Land could be cleared and returned for use as recreational open space, but this course of action is not considered appropriate because there is sufficient open space within Hillingdon Court Park. Hillingdon Court Park (The Park) which comprises approximately 221,589 sq. m of open space. The Park is used for general recreation, football, and other recreational games it has four public tennis courts and a bowls club together with car parking. Previously the Land was developed for a Pavilion with hardstanding and car parking. The Land had been leased for use as a sports pavilion, but the building was unused for several years following the surrender of the lease by the previous tenant and the site was then boarded. The building has subsequently fallen into disrepair and is not in a condition where it can be let or repaired. Also, the Hillingdon Court Park Pavilion and adjacent land have not been publicly accessible for 24 years. In addition, t he economic , social, and environmental benefits that would be delivered by the proposed development of the Land would not be delivered if the Land were returned to public open space. These benefits outweigh any detrimental impacts arising from the loss of the section Cabinet Member Report – 27 January 2023 Part 1 – Public of Land held for cricket, football or other games and recreation as open space. If the Land is to be developed, then there is no alternative but to appropriate the Land to planning purposes. Democratic compliance / previous authority The principle of development of the L and was approved by Cabinet on 24 September 2020. On 27 May 2021 , The Leader of the Council, following consultation with the Cabinet Member for Property and Infrastructure, agreed that public notice be given regarding the Council ’s intention to appropriate the land to planning purposes and to: 1) Authorise officers to give public notice of the Council’s intention to appropriate the land from public open space to planning purposes pursuant to section 122 of the Local Government Act 1972 as amended by the Local Government Planning and Land Act 1980 section 118 schedule 23. 2) Delegated authority for the Leader of the Council and Cabinet Member for Property and Infrastructure, in consultation with the Corporate Director of Infrastructure, Transport & Building Services to consider any objections to the proposed appropriation decided whether the land should be appropriated for planning purposes and to make all necessary decisions to give effect to the above recommendation and any other decisions which are required in relation to the land. Following the Cabinet decision, the proposed appropriation has been advertised in the Uxbridge Gazette on two consecutive weeks on 1 and 8 December 2021. The proposed intention to dispose of part of the Green Belt land was also advertised in the Uxbridge Gazette on 1 December 2021. Select Committee comments None at this stage. 3. INFORMATION Supporting Information Appropriation is a statutory process that allows the Council following consultation to change the purpose for which it holds the property in its ownership from one purpose to another. The Council may only appropriate the Land if firstly, it belongs to the Council, secondly, the land is no longer required for open space and thirdly, being appropriated for any other purpose for which it is authorised by statute to acquire land The Council owns the freehold interest in the Land at Hillingdon Court Park. The land on the west of the site-coloured green on the plan at Appendix A was originally acquired for cricket, football or other games and recreation, believed to be acquired under the statutory powers of the Public Health Act 1925 . The Land formed part of the land known as Hillingdon Court Estate, then acquired for recreation purposes and public open space. Cabinet Member Report – 27 January 2023 Part 1 – Public Previously the site was developed for a Pavilion with hardstanding and car parking, the land had been leased for use as a sports pavilion, but the building had been unused for several years following the surrender of the lease by the previous tenant and the site was then boarded. The building has subsequently fallen into disrepair and is not in a condition where it can be let or repaired. The land is covered with hard standing areas which are now becoming overgrown and is not useable for public use due to trip hazards. The land is not formally designated as open space in the Local Plan; however, the land is still held by the Council for cricket, football or other games and recreation. Open Space is defined under section 336 (1) Town and Country Planning Act 1990 as “any land laid out as a public garden or used for the purpose of public recreation. The Council must only propose to appropriate land for planning purposes if it has the intention to see the land used for development which promotes or improves the economic, social, or environmental wellbeing of the area and believes that appropriation is needed to facilitate these aims. In this case, the Council does intend to see the Land used for such development and the recommendation is that the land be appropriated to secure the development of housing. On the 24 September 2020 Cabinet declared the Hillingdon Court Park pavilion site surplus to requirements and authorised the sale of the site with planning consent for residential development. The Council in its capacity as landowner has obtained Planning Permission for the development of one house on the land which is in a residential area. The Planning Permission site is shown edged red on the plan at Appendix A. The merits of the proposal were considered in the report to the Planning and Development Committee which noted: “The proposal constitutes redevelopment of previously developed land. The proposed redevelopment of the site into a 2- storey residential unit would significantly reduce the footprint, site coverage, bulk, and scale of the existing built form, reducing the built-up area of the site. As such the development would not have a greater impact on the openness of the Green Belt than the existing development and would therefore not be inappropriate in the Green Belt. Comparing the impact on the Green Belt of the existing authorised use with the proposed change of use for residential purposes, the impact in terms of activity is comparable. In terms of the loss of a community facility, the applicant has demonstrated that the specific use is no longer required on site and the redevelopment of the site would secure a public benefit.” The process to appropriate open space is under section 122 (2a) of the Local Government Act 1972. The Council subsequently placed notice in the in the Uxbridge Gazette on 1 and 8th December 2021, respectively. Any objectors had until 7 January 2022 to lodge their objections. Part of the land on the west of the site is in the Green Belt and pursuant to the section 5 of the Green Belt Act 1938 and pursuant to The Green Belt Act, The Council placed notice in the Uxbridge Gazette on 1 December 2021. Any objectors had until 7 January 2022 to lodge their objections. Plans identifying the Land to be appropriated and the Green Belt Land were made available and written representations and objections were to be received by 7 January 2022. Cabinet Member Report – 27 January 2023 Part 1 – Public In addition, further information and a consultation regarding the proposed appropriation was put on the public website on the 16 December 2021 together with plans of the Land and the closing date for responses was 7 January 2022. Title and Covenants The Council owns the freehold interest in the Land at Hillingdon Court Park The report on title established that the Council own the freehold interest in the land which is registered at the Land Registry under two freehold titles number AGL198287 and number MX102073. Title AGL198287 contains a covenant to observe restrictive covenants in a conveyance dated 2 November 1926. This title also provides that the site is affected by an agreement dated 1 August 1928 between (1) The County Council of the Administrative County of Middlesex and (2) The Uxbridge Urban District Council and The Uxbridge Rural District Council which provides that the Hillingdon Court Recreation Ground was to be laid out as public open space and thereafter maintained as such. As the land to be sold is included within the land affected by the 1928 agreement, the Council will have to obtain a release of the pavilion site from this agreement. Legal Services recommend that this is done by appropriating the Land. The second title, MX102073 also includes restrictive covenants which affect the pavilion site contained in a conveyance dated 10 December 1932. Legal Services recommend that the Council acquires a restrictive covenant indemnity policy as cover for the restrictive covenants affecting the pavilion site. Representations/Objections Representations and objections were received in response to the public notices and the website consultation. Two objections were received relating to the appropriation one objection stated “The council’s failure to invest in facilities so as to leave them derelict does not then give the Council leave to declare the no longer required for the original purpose of leisure. When facilities are removed, the remaining space is forever diminished. The reality, is that the land to be appropriated, if made into additional parking for Court Park, would greatly increase access to the park lands. Over time, we will only have more people. And, if Hillingdon continues, we may not have much for parks. These proposal are the sort that should have a parent embarrassed before their children for it is their future betrayed because politicians do not have the courage to face funding through taxation and will instead resort to park grabs to subsidise the budget.” However, as stated above on the Hillingdon Court Park Pavilion Land the Council has obtained planning permission for the development of one house and the planning application was subject to the normal planning consultation process. Cabinet Member Report – 27 January 2023 Part 1 – Public No objections were received for the Green Belt land. It is requested that the Leader of the Council and Cabinet Member for Property , Highways and Transport in consultation with the C orporate Director of Place formally consider the responses and decide whether the proposed appropriation of the Land to planning purposes should be authorised. In addition to decide if the Council should proceed to apply to the Secretary of State for Levelling Up Housing and Communities for consent to dispose of part of the Land that is held as Green Belt. Equalities Impact Assessment Due regard has been given to the Councils Equalities Duties with respect to general duties arising under the Equality Act 2010. There is no evidence to suggest that the appropriation of the Land will have a disproportionate adverse impact. Financial Implications As noted in the report , Cabinet has previously approved the sale of the Hillingdon Court Park pavilion site with planning consent for residential development , which has been obtained. The appropriation of the open space land for planning purposes will secure the site for housing development, and enable sale to a developer, thereby realising a capital receipt to the General Fund. There are no direct costs arising from the appropriation. RESIDENT BENEFIT & CONSULTATION The benefit or impact upon Hillingdon residents, service users and communities? The appropriation of the Land will result in the land being held for planning purposes . A final decision will be made regarding the appropriation of the Land to planning purposes. This will facilitate the development and sale of the L and which will then enable the proposed residential development. Consultation carried out or required The Council has advertised its intention to appropriate the Land in a local newspaper for two consecutive weeks and placed on the Council web site. In addition, public consultation has taken place through the planning process. CORPORATE CONSIDERATIONS Corporate Finance Corporate Finance has reviewed this report and financial implications above, noting there are no direct costs associated with approving these recommendations. However, it is anticipated that Cabinet Member Report – 27 January 2023 Part 1 – Public agreeing these recommendations will lead to the disposal of the site, with the expected proceeds contributing towards the Council's Capital Receipts target. Legal As stated in the body of this report, the Land was declared surplus to requirements on 24 September 2020. To appropriate the land from public open space to planning, the Council is required to ensure that the provisions of Section 123 of the Local Government Act 1972 a re met and that the land is no longer required for the purposes for which it was held immediately before appropriation i.e., public open space. The Council is also required to be satisfied that the land should be appropriated such that it becomes held for planning purposes by applying the tests set out in Section 226(1) and (1A) of the Town and Country Planning Act 1990. It is clear from the body of this report that the above considerations have been made and that the relevant Council Officers are satisfied there is no need for the land to be used as public open space and that in weighing up competing needs, the balance fell in favour of appropriation. Pursuant to Section 122 (2A) of the 1972 Act the Council advertised its intention to appropriate the land in a local newspaper for two consecutive weeks on 1 st and 8 th December 2021 and thereafter considered the consultation responses received. Pursuant to the Section 5 of the Green Belt Act 1938, the Council advertised its intention to appropriate the land on 1 December 2021 in a local newspaper, no objections were received. Provided the Council is satisfied that the consultation responses received have been fully and satisfactorily considered, the next step will be for an application to be made to the Secretary of State for release of the relevant parts of the land from being part of the green belt area. Provided the abovementioned release is received and the restrictive covenants referred to in the body of this report are dealt with as suggested above then Legal Services confirm there are no legal impediments in agreeing the recommendations. Infrastructure / Asset Management This report has been authored by Property and Estates and Infrastructure / Asset Management comments are included within the report. Comments from other relevant service areas Not applicable . Cabinet Member Report – 27 January 2023 Part 1 – Public BACKGROUND PAPERS NIL. TITLE OF ANY APPENDICES Appendix A: Appropriation and Green Belt Land Hillingdon Court Park Cabinet Member Report – 27 January 2023 Part 1 – Public
View Decision / Minutes Text
Executive Decision Notice – 07 February 2023 Page 1
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
OFFICIAL EXECUTIVE DECISION NOTICE
PUBLISHED BY DEMOCRATIC SERVICES
Notice is hereby given that the following decision(s) have been made today by
Cabinet Members at the London Borough of Hillingdon:
Title of decision
APPROPRIATION OF LAND AND CONSENT TO DISPOSE
OF GREEN BELT LAND AT HILLINGDON COURT PARK
PAVILION PARKWAY HILLINGDON
Reference No. 682
Date of decision Tuesday 07 February 2023
Call-in expiry date Tuesday 14 February 2023
Relevant Select
Committee
Property, Highways and Transport Select Committee
Relevant Wards Hillingdon East
Decision made
Cabinet Members
making the decision
Councillor Ian Edwards – Leader of the Council
Councillor Jonathan Bianco – Cabinet Member for Property,
Highways & Transport
Approved
That the Leader of the Council and the Cabinet Member for
Property, Highway and Transport , in consultation with the
Corporate Director of Place agreed to:
1. A ppropriate the open space land at the site at Hillingdon
Court Park Pavi lion, Parkway, Hillingdon (the Land). T he
Land to be appropriated from open space to planning
purposes under section 122 of The Local Government Act
1972.
2. Agreed to proceed to apply to the Secretary of State for
Levelling Up Housing and Communities for consent to
dispose of part of the Land that is held as Green Belt , the
land is shown for identification purposes only coloured
green on the site plan in Appendix A of the report.
3. Authorised the method of disposal as a freehold sale rather
than leasehold with an option to sell the freehold for £1.
Reason for decision Although part of the Land on the west of the site was acquired
for cricket, football or other games and recreation, it should be
noted that the site was previously developed for a Pavilion with
hardstanding and car parking. T he Land had previously been
leased for use as a sports pavilion, but the building has been
unused for several years following the surrender of the lease by
the previous tenant. The property is currently vacant, and it is
proposed to appropriate the Land to planning purposes and for
the Land to be redeveloped for housing purposes.
Executive Decision Notice – 07 February 2023 Page 2
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Alternative options
considered and
rejected
The Land could be cleared and returned for use as recreational
open space, but this course of action is not considered
appropriate because there is a lready sufficient open space
within Hillingdon Court Park.
The Land had been leased for use as a sports pavilion, but the
building was unused for several years following the surrender of
the lease by the previous tenant and the site was then boarded.
The building has subsequently fallen into disrepair and is not in
a condition where it can be let or repaired. The Hillingdon Court
Park Pavilion and adjacent
land have not been publicly
accessible for 24 years.
In addition, the economic , social, and environmental benefits
that would be delivered by the proposed development of the
Land would not be delivered if the Land were returned to public
open space.
Classification Part I - Public
Link to associated
report
Here.
Relevant Officer
contact & Directorate
Julia Thompson, Place Directorate
Any interest declared
by the Cabinet
Member(s) /
dispensation granted
N/A
Implementation of decision & scrutiny call-in
[Internal Use only]
When can this
decision be
implemented by
officers?
Officers can implement Cabinet Member decision in this notice
only from the expiry of the scrutiny call-in period which is:
5pm on Tuesday 14 February 2023
However, this is subject to the decision not being called in by
Councillors on the relevant Select Committee. Upon receipt of a
valid call-in request, Democratic Services will immediately advise
the relevant officer(s) and the decision must then be put on hold.
Councillor scrutiny
call-in of this
decision
Councillors on the relevant Select Committee shown in this
notice may request to call-in this decision. The request must be
before the expiry of the scrutiny call-in period above.
Councillors should use the Scrutiny Call-in App (link below) on
their devices to initiate any call-in request. Further advice can be
sought from Democratic Services if required:
Scrutiny Call-In - Power Apps (secure)
Executive Decision Notice – 07 February 2023 Page 3
This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk
Further information These decisions, where applicable, have been taken under The
Local Authorities (Executive Arrangements) (Meetings and
Access to Information) (England) Regulations 2012.
This is the formal notice by the Council of the above executive
decision, including links to the reports where applicable.
If you would like more information on this decision, please
contact Democratic Services on 01895 250636 or email:
democratic@hillingdon.gov.uk.
Circulation of this decision notice is to a variety of people
including Members of the Council, Corporate Directors, Officers,
Group Secretariats and the Public. Copies are also placed on
the Council’s website.
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