Broughton Astley Green Space FAQ

1. Will the Council cut the grass on Pinel Close, Machin Drive, Cordonnier Close and Geveze Way Open Spaces?
   No. The land is privately owned and the Council does not have resources or obligation to maintain privately owned land.
2. Can residents adjacent to the Open Spaces maintain it themselves?
   This is not a course of action that the District Council would advise without seeking permission from the landowner. The land is privately owned, and although available for the reasonable enjoyment and recreation of residents, it does not mean that residents can start maintenance operations without the owners permission.
3. Is the Open Space currently protected against development?
   Yes. The open space is currently listed as a site for Open Space Sport and Recreation by the District Council and is afforded protection under the National Planning Policy Framework.
4. Why was commencement of development allowed in 1996 without the Local Planning Authority (LPA) discharging condition 2?
   Condition 2 required a landscape plan and a scheme for laying out and future maintenance of the open space. The landscape plan was approved in 1996, but the LPA has not been able to find a discharge of condition for the future maintenance. There are records of letters from Jelson requesting the discharge of condition 2 on 5th July 1996 and a response from the LPA that this issue is being dealt with by Leisure Services. There is no record of a response to this request from Leisure Services. The intention of the District Council in 1996 to 2002 was to adopt the open spaces, however Jelson decided by letter on Feb 20th 2002 to maintain the open spaces at their own expense because they did into want to pay the commuted sum for maintenance.
5. What is a Planning Condition?
   A planning condition can enhance the quality of development and enable development proposals to proceed where it would otherwise have been necessary to refuse planning permission, by mitigating the adverse effects of the development. The objectives of planning are best served when the power to attach conditions to a planning permission is exercised in a way that is clearly seen to be fair, reasonable and practicable. It is important to ensure that conditions are tailored to tackle specific problems, rather than standardised or used to impose broad unnecessary controls. Conditions may also be used to ensure that a particular element in a scheme is provided by/at a particular stage or before the scheme is brought into use.
6. Why has the grass been allowed to grow so long when it was previously  cut regularly?
   Maintenance is the responsibility of the owner. Jelson used to cut the grass approximately fortnightly and did so up until they sold the land to the new owner. On 25th January 2001 Leisure Services officers wrote to Jelson stating that the open space should be subject to regular close mowing (at least fortnightly) up until adoption by the Council. Jelsons decided not to convey the open space to the Council.
7. Can the District Council take enforcement action against the owner for the land being untidy?
   It is possible that the Council can take action under section 215 of the Act (untidy land) and perform maintenance work in default if the land becomes a public nuisance. An area of land (or building) must be considered to be causing a significant eyesore in the vicinity. Currently these areas of POS do not warrant such action, but this is being kept under review and monitored by the Council’s Planning Enforcement Service.
8. What is an Asset of Community Value?
   Assets of Community Value legislation allows communities and parish councils to nominate buildings or land for listing (protection) as an asset of community value. An asset can be listed if its principal use furthers (or has recently furthered) their community's social well-being or social interests (which include cultural, sporting or recreational interests) and is likely to do so in the future. This means that if it ever goes up for sale, you can ‘stop the clock’ for up to 6 months, giving you the opportunity to get together with your neighbours and raise the finances to bid to buy it.

   Organisations that can nominate an asset of community value are:

   • Constituted Community/Voluntary Group
   • Parish/Town Council
   • Neighbourhood Forum
   • Un-constituted Community Group
   • Industrial and Provident Society
   • Community Interest Company
   • Company Limited by Guarantee
   • Charity
9. What is Local Green Space?
   Local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them. By designating land as Local Green Space local communities will be able to rule out new  development other than in very special circumstances. Paragraph 77 of the National Planning Policy Framework states:

   The Local Green Space designation will not be appropriate for most green areas or open space. The designation should only be used:

• where the green space is in reasonably close proximity to the community it serves
• where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife
• where the green area concerned is local in character and is not an extensive tract of land.

Local Green Space can only be designated when a Local Plan or Neighbourhood Plan is ‘made’. A proposal for Local Green Space can be made if Broughton Astley Neighbourhood Plan is reviewed.

1. If designated as an Asset of Community Value or Local Green Space can the owner be forced to maintain the open space better?
   No. Assets of Community Value listings and Local Green Space designations do not confer any more obligations on the land owner than currently existing.
2. What are the obligations on the owner to maintain the open space?
   The open space should be free and safe for public access. Long grass does not prevent public access and it may be the consideration of the owner that this is how he or she wishes to maintain the site in the future. The owner has obligation under the Occupiers Liability Act to ensure that any open space is fit for purpose. The protection of the land owned by the incumbent, which includes their own employees entering the land for maintenance, is also a requirement enforceable by law under Health and Safety at Work Act and Environmental Impact Assessment Directives
3. Why did the Council not acquire the land from Jelson in the past 16 years?
   The Council has tried to liaise with Jelson since 2002 to adopt the open space but could not agree terms. Negotiations in 2009, 2010 and 2011 involved Directors from Jelson and Head of Service from HDC.
4. Will the Council use Compulsory Purchase powers to acquire the land?
   The Council has considered Compulsory Purchase powers to acquire the land but is not pursuing this matter currently. There are miscellaneous provisions relating to parks, recreation grounds, captured by section 121 of the Local Government Act 1972. This also covers acquisition of “derelict, neglected or unsightly” land, or land likely to become derelict. There are no statutory definitions of derelict, neglected or unsightly so the natural, common sense meaning of the words should be taken. If possible, it is also preferable to consider the three words taken together as there is considerable overlap between each. For instance, the untidy or ‘unsightly’ appearance of the land may also be relevant in considering whether it is ‘derelict’ or ‘neglected’, or land might be considered ‘neglected’ but not ‘derelict’ if no building works, dumping or excavation have taken place. The Council will continue to keep this matter under review
5. Why were HDC in negotiations with Jelson concerning open spaces in 2009/2010?
   HDC undertake many meetings with developer to try and secure the best outcomes they can for communities. The meeting in early 2010 was between the then Director of Jelson and the Head of Service at HDC. The meeting was to discuss several issues concerning open spaces in Thurnby and Broughton Astley. These issues related to quality of maintenance, land ownership and a possible licence for use of a piece of land in Thurnby. An agreement could not be negotiated with Jelson concerning the transfer of open space in Broughton Astley.
6. Was a Freedom of Information request responded to by HDC concerning the Councillor Call for Action?
   Yes. The request in Feb 2018 was for the following:

   Could you please provide details of the original agreement between the developer Jelsons and Harborough District Council, on both ownership and maintenance of three public open spaces in Broughton Astley.

   There is no agreement held between Jelson and HDC concerning the open spaces above, and this was stated in the response.

   A second FOI request was made in March 2018 stating:

   I am requesting all documentation relating to the four items recommended by the Scrutiny Panel following their meeting of 16 September 2010 appertaining to minute number 248 – Councillor call for action, Open Spaces, Broughton Astley. This should include the findings from each recommendation, a copy of the report prepared as requested in (iii) and the date this report was presented.

   In reply a link was given in error for the 2010 Scrutiny Panel meeting. The 2011 Scrutiny Panel meeting is at the following link. This has been updated to the requestor by the FOI team.

   https://cmis.harborough.gov.uk/cmis5/Meetings/tabid/73/ctl/ViewMeetingPublic/mid/410/Meeting/3613/Committee/683/SelectedTab/Documents/Default.aspx

   As per recommendation 1 of the Panel, further contact was made with Jelson regarding adoption of open space in June 2011 and a further follow up in Sept 2011.

   Recommendation 2 of the Panel minutes was being dealt with by the Head of Service in Sept 2011.

7. How is Open Space defined by the Local Authority?
   The Planning Practice Guidance defines open space sport and recreation facilities as follows;

    Open space, which includes all open space of public value, can take many forms, from formal sports pitches to open areas within a development, linear corridors and country parks. It can provide health and recreation benefits to people living and working nearby; have an ecological value and contribute to green infrastructure (see National Planning Policy Framework paragraph 114), as well as being an important part of the landscape and setting of built development, and an important component in the achievement of sustainable development (see National Planning Policy Framework paragraphs 6-10).