Purpose

Approval of a policy to ensure that the
Council has a clear and consistent approach to how it will deal
with covenants over park land which provides flexibility and
pragmatism while also recognising the importance of covenants
affecting its land.

Content

That the adoption of the
following policy position in relation to restrictive covenants in
parks be approved:
 
1. Covenants affecting
designated parks and open spaces are already subject to a high
degree of protection through title registration and the need to
advertise any proposed disposal pursuant to Local Government Act
1972 (s.123);
 
2. In addition to these
protections, and subject to 3 below, the Council will operate a
general presumption in favour of upholding covenants affecting its
park land and ensure that no development occurs in parks without
proper consideration. Officers must check the registered title for
covenants and engage with relevant stakeholders where covenants
exist;
 
3. While the Council is
committed to engaging and consulting, this does not imply
indefinite adherence to covenants or publicly consulting where for
example, modification or insurance may be reasonable and pragmatic
options; and
 
4. The engagement or
consultation process will be flexible on a case by case basis,
determined by the Executive Director for Environment and Place in
consultation with the Cabinet Member with responsibility for Parks
and with input from legal services as appropriate to ensure that
any covenants are duly considered whilst still ensuring
infrastructure can be installed, or development can proceed where
it is deemed the best option.
 
5. That the Executive Director
for Environment and Place shall be authorised to implement this
policy.

Reasons for the decision

To ensure that the Council has
a clear and consistent approach to how it will deal with
covenants over park land which
provides flexibility and pragmatism while also recognising the
importance of covenants affecting its land.

Alternative options considered

The Council could continue
without a clear policy on covenants, relying on the basis that they
contained in legal documents and registered against the title of
land.  Restrictive covenants would be
considered and dealt with as required by officers, particularly in
the Asset Management and Legal teams. 
However, this option would not satisfy the JAP to put in place a
policy covering this.