Decision details

Sale of Land at Glapwell

Decision Maker: Director of Development

Decision status: Recommendations approved

Is Key decision?: Yes

Is subject to call in?: Yes

Decision:

To dispose of the parcel of land, shown edged in red on the attached plan, on Park Avenue, Glapwell on the terms as set out in the report.

Reasons for the decision:

To generate a capital receipt for the Council and to facilitate access to the scheme of development to the East of Park Avenue in Glapwell.

Alternative options considered:

There was no other alternative option available in order to achieve sustainable development.

Reason Key: Capital Income or Expenditure of £150,000 or more;

Declarations: None.

Contact: Grant Galloway, Director of Development Email: grant.galloway@bolsover.gov.uk.

Publication date: 07/05/2020

Date of decision: 05/05/2020

Effective from: 16/05/2020

This decision has been called in by:

Councillor Tricia Clough who writes We believe that the following principles of decision-making have been breached by the making of this decision: Proportionality The controversial sale of the land (to a local developer) is rushed. The use of delegated powers is questionable as no time pressure exists nor is there a need to make this decision without the proper scrutiny of the council. Due consultation and the taking of professional advice from officers Consultation has been minimal and range of advice limited. It is standard practice to get a valuation from three independent sources, which was not done. The local parish council or other local bodies have not been consulted on the sale or potential interest to buy the land that they may have. Respect for human rights Resident needs and the use of the land has not been taken into account. Residents and the wider district rely on this strip of land for access to local footpaths and exercise space. The sale of the land does not respect residents’ human rights to rest and leisure time for which this land is a key element. The Park Ave location includes many who are less mobile, vulnerable, elderly and disabled who use the land regularly as an essential part of their leisure time. The land is vital part of the Community-led Glapwell events such as the local Gala, Bonfire Night and other events serving the district. The strip is the allocated disabled parking at those events. The loss of this will deny the small local businesses, local groups and charities of much needed revenue and advertising. Article 14 of the act and Howard v UK 1987 established the balance between community and private uses where the provision of new facilities are reflected in the price. No evidence of the views of residents nor alternative provision is evident. A presumption in favour of openness The decision to sell to one party is not transparent. Lack of consultation and reasoning behind the method of sale demonstrates lack of openness. Clarity of aims and desired outcomes Lack of clarity risks accusations of conflict of interest. The land enables access to land for which planning was granted against officer advice. No consultation has taken place with respect to the land sale with residents either prior to or since the planning meeting. The land enables access to a development outside of the local plan which was voted in March 2020 by full Council as providing enough housing for BDC. Thus, the aims and outcomes for the sale with respect to enabling new housing in BDC are not clear. Furthermore no minutes of meetings demonstrating discussion of the aims and objectives of the sale are available. Regard for equal opportunities Deprivation of space for disabled, elderly and vulnerable Losing this strip will deny access to essential exercise on a regular basis and parking at community events. Options are considered and reasons given for the decision Offer to one developer is not justified. Consideration of all relevant factors The sale will increase pressure on village which is recognised by officers as at capacity. Pressure on the village amenities (even more apparent since Covid) will be increased. The sale would increase the rate and volume of industrial traffic during the development. Once developed the volume or traffic from new householders and necessary deliveries would increase. This volume of traffic would create noise and the fumes would impact on both physical and mental health and wellbeing. Public discontent has not been taken into account. Over 100 people have attended a public meeting to request that the strip is not sold and the Parish and District Councillors have received significant amounts of correspondence from concerned residents. ...[cont on accompanying document]. "

Accompanying Documents: