Advice on sale of local open space

[martyp]

Hi all,
In my estate is delegated open space including young woodland (mostly Birch but also some Oak/Ash saplings) which is immediately behind my house. The land was delegated as open space in about 2000 about 10 years after the estate was built. The owners of the land, a developer, went into administration a few years ago and yesterday I found out the land will be sold at auction on 19th May for a guide price of £10,000. The total amount of land is a about 8 acres (3.2 hectares). The wooded area was planted from a national lottery grant project.
Part of the land is used as a playing area for children but in the wooded areas there are a fair number of species of animal and plant living there. It is between a canal and some fairly old woodland.
Species I have noted include green woodpeckers, jays, long tailed tits, foxes, badgers, pipistrelles, common blues, tawny owls, hedgehogs as well as many others. I have asked the local council about the land before and they have 'implied' that use for development would be greatly hindered as it's a wildlife corridor, designated open space and there are several notable rights of way used by dog walkers etc. (there is a dog waste bin by one path). The wooded area is over a man made hill from soil/rubble much from when there was a quarry.
I do greatly fear someone buying this land for development but have no idea whether or not it might be possible. It's not green belt or anything and could be considered just open space in a housing estate.

My only thought at the moment would be community action within the estate. I considered creating a site/forum and posting flyers or posters out to see if anyone would be willing to take action.
The estate itself is occupied generally by fairly wealthy people, big detached houses with flashy new cars etc. Further development might comprimise the value of their homes and play areas for their children so they may have interest.

Any thoughts on what might be the best course of action would be very much appreciated.

[Paul mabbott]

First get the history in writing - is there anything in print saying that this is public open space -(and is there a public footpath going through it). Get everything copied and certainly make contact (a leaflet) with everyone in the neighbourhood. You never know, one of them may be a lawyer and could be ver helpful.
Contact the appropriate person/people (the more the better) at the appropriate Council (Cnty, Parish, whatever - all of rthem!) and see what their view is.
Finally, don't knock your neighbours in this case - wealthy nimbys are the last people to want more houses built in their select part of the world - they can be very vociferous and hel-pful moneywise!
Good luck

Originally Posted by martyp

Hi all,
In my estate is delegated open space including young woodland (mostly Birch but also some Oak/Ash saplings) which is immediately behind my house. The land was delegated as open space in about 2000 about 10 years after the estate was built. The owners of the land, a developer, went into administration a few years ago and yesterday I found out the land will be sold at auction on 19th May for a guide price of £10,000. The total amount of land is a about 8 acres (3.2 hectares). The wooded area was planted from a national lottery grant project.
Part of the land is used as a playing area for children but in the wooded areas there are a fair number of species of animal and plant living there. It is between a canal and some fairly old woodland.
Species I have noted include green woodpeckers, jays, long tailed tits, foxes, badgers, pipistrelles, common blues, tawny owls, hedgehogs as well as many others. I have asked the local council about the land before and they have 'implied' that use for development would be greatly hindered as it's a wildlife corridor, designated open space and there are several notable rights of way used by dog walkers etc. (there is a dog waste bin by one path). The wooded area is over a man made hill from soil/rubble much from when there was a quarry.
I do greatly fear someone buying this land for development but have no idea whether or not it might be possible. It's not green belt or anything and could be considered just open space in a housing estate.

My only thought at the moment would be community action within the estate. I considered creating a site/forum and posting flyers or posters out to see if anyone would be willing to take action.
The estate itself is occupied generally by fairly wealthy people, big detached houses with flashy new cars etc. Further development might comprimise the value of their homes and play areas for their children so they may have interest.

Any thoughts on what might be the best course of action would be very much appreciated.

[martyp]

Excellent, cheers Paul. I had a response from the local council which was quite detailed but they insisted it wasn't their full opinion that was legal as such and that it was just a sort of overview of the area and what's there. Is it worth contacting the local MP for support. I mean realistically there isn't anything taking place at the moment but I wonder if now would be the best time to take action before the land might be bought by a developer.
Aside from the chance of anyone in the estate being a lawyer, can a number of people effectively club together and buy land?
Would it be worth contacting any wildlife organisations or being a small area of land would it not be of any interest to them do you think?

[The Woodman]

Hi martyp

My immediate thoughts were along the lines of community ownership. I don't know the size of your estate but it might be worth pulling people together and if they have enough interest and pasion to keep it the way it is or even improve it, they might consider buying it for everyones enjoyment. Twenty people paying £500 and more pay less of course.

Recently, a small wood near me was sold to four individuals who are now managing it as a conservation wood and have no problem with locals using it, they are actively encouraging interets groups to get involved.

Who inherited the wood after the developer went bust? The guide price does seem to be on the low side and it does sound iniquitous that a lottery funded wood should be sold for gain.

I agree with your only thought.

[martyp]

Many thanks Woodman, I like the sound of community ownership, I'm not sure how it would work legally though. There are probably about 140 houses on the estate so there isn't a huge community side apart from localised neighbour friendships. Posting out fliers or putting posters on lamp-posts directing people to a website I think might work.
I found an e-mail I received from the council when I queried specifically the area behind my house a year ago. I have added the (edited) response below:

"I refer to your e-mail request received on the 31st March 2010 concerning the above.

In <the> Council’s Adopted Unitary Development Plan (UDP) (October 2005) the query site has no designations on the UDP Proposals Map. However, Policy LR1 (Open Space) would still be relevant to this green space site and would need to be considered. Policy LR1 issues are explored in detail further below.

The green space area in question has unrestricted public access available to
it and serves the outdoor recreational needs of immediately adjacent
residential areas bordering the site. Heavy pedestrian wear lines crossing
parts of this green space area indicate that the green space area performs an
informal recreation role (amenity green space), including well-observed
informal children’s play, dog walking and as a regular through route for
pedestrians. In addition to its informal recreational role and function (amenity
green space function), the green space area in question also enhances the
visual amenity of immediately adjacent residential areas. The site is also
important for its linkage value into the adjoining open space green corridor
network (green corridor value). The site also forms a partial buffer separating
established residential development from nearby industrial land uses located
to the east.

A Site of Local Importance for Nature Conservation (SLINC) (Adopted UDP
(2005) Policy NC5) is located on the south-eastern edge of the site, following
the line of the rail corridor network. Further SLINC designations are located
within the wider vicinity or the query site, located to the east (along the canal
corridor) and within land areas to the west.

On this basis the green space area referred to above would be covered by the
following Council Adopted UDP (2005) local-level policies and national
planning guidance:-

· Policy LR1 (Open Space);
· Policy AM13 (Public Rights of Way);
· Policy DD4 (Development in Residential Areas);
· Policy NC1 (Biodiversity)
· guidance set out in the Council’s adopted Open Space, Sport and Recreation Provision Supplementary Planning Document (SPD) (adopted June 2007);
· the Council’s adopted Nature Conservation SPD (adopted September 2006); and by guidance in the,
· Council’s adopted Parks and Green Space Strategy (PPG17 Audit) (adopted June 2009)

Covered by national planning guidance (set by central Government in
London) set out in:-


· Planning Policy Guidance Note 17 (PPG17) (July 2002) “Planning for Open Space, Sport and Recreation”.

Having assessed the evidence as part of the X planning application file, the green space area in question was provided as an area of public open space (woodland planting area) by the developer as part of the <Developer> X planning application (X – Change of use of land from residential (approved) to woodland/ private open space including retention of re-graded area). The site land parcel has been subject to subsidence problems in recent years as a result of former quarrying activity which previously took place at this wider location. Under the heading ‘Other material considerations’ the P00/51751 planning application file is clear that: “…The site has been subject to subsidence problems, particularly in the vicinity of the former quarry face where infilled material abuts the original untouched ground... The land which is the subject of the present application is affected by these problems and development of the land for housing purposes seems unlikely for the foreseeable future…”

Evidence from Appendix “A” of <the> Council’s adopted Parks and Green Space Strategy (June 2009) (PPG17 Audit) indicates that the part of the urban area in which the proposal site is located is relatively well served by existing amenity green space provision. This would be relevant as the proposal site provides an area of amenity green space provision. If there was a shortage or under-provision of amenity green space in this part of the urban area then this would raise concerns. However, as stated above, the part of the urban area where the proposal site is located appears relatively well served.

Copies of <the> Council’s Adopted UDP (October 2005) can be viewed directly on the Council’s web site via the following link: X then click onto “Unitary Development Plan” then onto “Adopted Unitary Development Plan (2005)”. Copies of the Council’s adopted Parks and Green Space Strategy (adopted June 2009) (PPG17 Audit) can be viewed on the Council’s planning web site by referring to: X then click onto “Local Development Framework” then “Adopted Parks and Green Space Strategy”.

Appendix “A” of the Parks and Green Space Strategy document shows the coverage of different types of publicly accessible open space across the X Borough administrative boundary. The map showing the coverage of amenity green space provision would be particularly relevant on this occasion.

Summary:

Based on the current level of information available at the time of completing this planning policy response and without prejudice, there would be green space Planning Policy concerns in relation to a future redevelopment proposal coming forward for this green space site given that the proposal site forms an area of public amenity green space (Policy LR1) and provides a green corridor or green stepping stone (green lung) connecting existing designated nature conservation habitats (designated SLINCs) within the urban area. Whilst it is recognised that this location is relatively well served to existing amenity green space provision, there would still be policy concerns in relation to any future redevelopment proposal coming forward for this site for reasons already stated above. Ground stability issues would be a further material planning consideration which would need to be considered by Development Control officers in the event of a future planning application coming forward.

I hope that these comments provide clarification for you in terms of your query. As these comments are informal views only and provided without prejudice, the Council reserves the right to add to, or amend, any views it may have on this issue and you are reminded that any opinion offered in this letter is informal only and is not binding on the Council."

[Cotham Marble]

Marty I'd say you were on the right course. Certainly write to your MP and all the Councillors who represent your Ward - most Wards are multimember and different Councillors often have different priorities.

From the material you've posted and what you say about the site it seems that the usual good intentions as defined at the Planning stage have not been followed through by the Council's Conservation/Amenity section - this happens very frequently !

If the option of purchase is feasible I would not worry too much about ownership structure at this stage - the key thing is to get enough people willing to raise the cash and take control of the land - simply ask a Solicitor to advise on the easiest structure, probably a limited company, to manage this. If you want to invest the land in a Communty Trust further down the line, that can be easily achieved.

As the land is part of a liquidation sale I'd suggest contacting the Liquidator and express an interest, explaining that the local community is pressing for official recognition of the site as amenity space and suggesting that you might be willing to come to a negotiated arrangement for purchase prior to auction.

CM

[martyp]

many thanks Cotham Marble, I have now written to my local MP and will look into communicating with the other Councillors now as well.
I read up about my local MP and although her interests from a work point of view are more people orientated (employment, housing etc) which I can understand from the point of being popular, two of her biggest interests are walking her dog and watching wildlife programmes. With any luck she'll take an interest in it.
I have also written to the local wildlife trust and the council planning department to get an update on the status of the land. Could the council even buy the land? I don't know if that's possible? Probably not due to all the cutbacks anyway.
I have with the help of my other half created an informative website with an open forum for people to discuss possible options and am thinking about sending a simple flier through the doors of the 154 houses in the estate referring them to the website. My assumption is that the majority of residents are familiar with the internet as the demographics indicate the majority are around 30-40 years of age also with many children.
I feel a bit sheepish in some respects as I approached the administrators when they were measuring up the land and queried it. I e-mailed them and they said to make them an offer, that was about a year ago. I was afraid as I have very little money and didn't want to end up having to fork out huge solicitor fees or commit to paying an amount I couldn't get the funds for.
Aside from the wildlife value I have indicated on the site for the residents that it could be detrimental to the areas for dog walking, children playing, affect value of their homes as well as the wildlife aspect. I do wonder how much awareness there is amongst residents of the potential problems that could occur if land ownership fell into the wrong hands.
Many thanks again for all the advice and suggestions, I'll have to see what responses I get from people Tuesday onwards.

[JC1]

Hello, I have a feeling we are on the same estate, as recently land 8 acres has been put up for auction we are opposite the green as you come into the estate, a number of us are very worried about this auction and would certainly be interested in "putting in together" for this land especially if we could come to some agreement with the liquidators before auction although I did think when we purchased our home it was Council owned.

[martyp]

Indeed! Small world...
It turns out one of our local councillors and the former local mayor also lives in the estate! They have an interest in the situation because of that as well and apparently are on the planning committee for the council. They responded to me with a very reassuring e-mail about 20 minutes after I e-mailed them. The e-mail stated the land is regarded as open space, the council have been maintaining it all these years and the trees have been assessed by the council tree specialist and planning would be rejected because of these reasons.
I still don't feel massively confident though and other residents have made contact with her about buying the land communally. She believes there would be lots of complications including the maintenance and upkeep of the recreational area where the grass is kept short and trees/bushes pruned.
The local wildlife trust responded to me as well saying they might be willing to assist with a communal purchase of the land.
I'm trying to work out how best to organise everything, the wildlife trust is looking into it and the council is checking with the land registry regarding land ownership. The wildlife trust suggested reaching an agreement with the administrators prior to auction. I still have the details for the administrators so am considering this route if I can be sure of enough backing in the estate.
There are 154 properties in about 8 or 9 different roads and people tend to know their immediate neighbours so it's difficult to work out the best way of getting everyone together.
Time is of the essence as well...

[dampflippers]

Has anyone contacted the sellers?
You could make a phone enquiry and ask what the land is suitable for, and whether it is developable.
If they tell you it is prime development land, you should be worried. Ask if there would be any restrictions on develoment.
If you don't want to do this yourself, ask a friend to.